Order of Possession

MX Order of Possession Update

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Guess what dear readers?

I’m back with an incredible tale that delves into the timeless battle of good versus evil—a story where the hallowed halls of justice witnessed the unmasking of truth, and the courts delivered a verdict that resonates with justice.

Today’s update takes us deep into the heart of a legal saga, the Order of Possession case I waged with the Mexican courts. Quick summary of the case:

Continue reading for the update.

June 2023

In June 2023 the Puerto Penasco courts deliver a resounding victory in my favor. Not only did justice prevail, but the court deemed my case so airtight that it came with a penalty:

  • a fine of $10,000 Pesos (equivalent to $586.42 USD as of Feb 2024) for Trash.
  • an additional fine and jail time if he should he dare approach or harm my cherished property.

Yet, the saga continued as Trash, true to form, appealed the decision. The legal battle escalated to the higher court in Caborca, prolonging the ordeal. The court took 6 months to make a decision.

The appeal process is simple – when Trash filed the appeal, all of the documentation (testimony, financial statements, etc.) were sent to the higher court to review the lower courts decision. Myself, Trash, and the witnesses did not need to appear. The higher court reviews the lower courts decision and all the accompanying documentation and will decide in one of the following ways:

  • Uphold the prior decision
  • Partially modify the prior decision
  • Overturn the prior decision

December 2023

In December 2023, 6 months after the appeal, the higher court made a decision. The higher court echoed the verdict of the lower courts, upholding my possession 100%. The email confirming this was almost poetic:

Trash chose not to appeal the second court’s decision, making the victory final. I now hold legal, undisputed possession of my condo, and the sanctions against Trash are not just on paper—they are recorded with two courts.

So this Chapter is over and my beachfront condo has been secured, recorded with the courts, AND with the Condo Association:

  • Trash has been removed from all HOA systems so he can no longer stalk me. He no longer has access to my bookings/reservations, no longer knows when friends are visiting, etc..
  • Security is now aware that he has ZERO reason to be near the B building. The police will be called if he comes anywhere near my building.

How it Feels

How do I feel? Happy, relieved, and vindicated. I’m sure he is still out there telling anyone who will listen that I “stole” the condo from him, but nothing could be further from the truth. The truth is, he tried to steal something from me that wasn’t his and the courts agree with me.

I am also proud of myself – I stood up for myself and my assets. I am lucky to be in a position to protect myself. If he was a good man, he would have signed the paperwork to remove himself from the unit when we broke up, but no. He is a conman, a parasite – sucks the energy out of everything he comes in contact with. I’m glad its over and I’m so ready to move on from this nightmare.

So this chapter is done, complete. Story isn’t over … but close. For now, I am happy with the results in Mexico.

Lessons Learned

What have I learned from all of this? That there are garbage men out there who will lie, cheat, and steal from the people they profess to love. Don’t do what I did, protect yourself and DO NOT mingle finances.

I’d love to hear from you – please share your victory stories. It would be great and know that others out there have also defeated their ex’s in court.

The End.

For those interested, Mexico civil courts are different (and I think simpler) than US civil courts. Basically, The civil code in Mexico exists at three levels: City, State, Federal. So the Local courts make a decision. The decision can be appealed to the State, then at the Federal level. Everything takes time (but less time than in the states). In my case:

  • City/local/district courts can take 2-3 months to make a decision. In my case, the Puerto Penasco courts took 2 months to make a decision.
  • State level courts can take 2-6 months to make a decision. In my case, the Caborca courts took 6 months to make a decision. No new evidence was admissible, no court appearance was required. Oral closing arguments are allowed, which is why the lawyers where required.
  • Federal level courts can take 18 months to 3 years to make a decision.

The End (again).

Order of Possession Trial in Mexico

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Courthouse in Puerto Penasco, Mexico

Today was a tough day. Today, April 26th 2023, was the Order of Possession trial in Mexico. I am physically and mentally exhausted.

What is an Order of Possession?

I cannot find any good websites that describe it, but basically, it’s a court order that states that one person has exclusive rights to occupy a unit/home. Legase for this action: “The legal mechanism known as possessory action guarantees possession of the property to the legitimate owner of an asset.”.

Trash is listed as a co-owner of the property on the private contract (explained in my Don’t Mingle Finances post), but with this court order, I am the only one who can be in possession of the condo. Meaning if Trash comes near the unit, does any damage, harms me while I am in the condo, he can be taken to Mexican jail and pay a fine. Think of it as a USA version of an Order of Protection but for a piece of property. So as long as I’m in the condo, I am safe… but if I leave the condo, and Trash decides to harm me, I will have to file a separate police report because the Order of Possession ONLY protects the condo from his wrath.

I tried to obtain the USA version of an Order of Protection in Mexico, but from what I was told by my lawyer, this is nearly impossible to obtain in MX. Apparently Mexico is behind the times when it comes to protecting victims of domestic violence. Not to say that the USA has a one up – as we all know, the US version of an OOP is just a piece of paper and law enforcement doesn’t take them seriously (otherwise Forensic Files and Dateline wouldn’t have 20+ seasons each).

Why Do I Have an Order of Possession?

Well, after I discovered Trash’s double life, I broke up with him. Since we lived together in Mexico, I needed to remove my stuff from the home we shared. We agreed that I could get all my things Labor Day Weekend in September 2022. He would not give me the code to the condo until the day I was driving down – August 31st. Throughout the following days, he would remove the code and not allow me into the condo or the MX house to obtain my things. It was a game he was playing – removing my access unless I talked with him, which I would not. Days and days of this BS, all the while he was partying it up in Prescott with Nurse Nincompoop (aka Nurse N’Poop). How he found the time to continually harass me while love bombing his new “soul mate” is beyond me. When he returned from Prescott, he broke into my Chandler home (September 7th (Home Invasion #1)). I immediately hired laywers in both the USA and Mexico.  I was NOT safe and I had no idea how to protect myself.

I began working with Rogelio, my MX attorney on seeking an Order of Possession. It was granted immediately thanks Trash’s break-in on September 13th 2022 ( 1st Break-in and 2nd Break-in). Scariest day of my life. It took forever to serve him in Mexico, but once served, the Order of Possession was official. He was served while he was with Nurse N’Poop and friends at his Princesa D108 condo. Would be interesting to hear how he explained this one away.

He could have left well enough alone, after all, he has contributed $0 to the condo AND he made money on my money (Don’t Mingle Finances). But nope, he hired a laywer and appealed this Order of Possession. So today is the day of the appeal hearing – today is his day in court to prove his case – why he should also possess and occupy the unit.

What is Mexican Court Like?

Mexican court is very interesting – in some ways it’s the same as the US court system – inefficient, behind the times, etc.. What makes it extra complex for Americans is the requirement to translate EVERYTHING to Spanish. And I mean EVERYTHING.

So in the USA, when you have court, you have a judge, a court reporter, you have lawyers ask questions, witnesses give answers, etc.. Witnesses do not get to hear everyone’s testimony, they are called in when it is their turn. SAME in Mexico for the most part.

Here are the differences:

  • there is no judge, there is a Secretary that types the questions and answers into a computer.
  • there are multiple people in the room: the Secretary, the witness, the interpreter, and both lawyers.
  • We are each allowed 2 witnesses:
    • Trash picked his brother and Abe, a guy that works for him.
    • Representing me were:
      • Justine, the former condo property manager and person I was texting with during the breakin. 
      • Cesar, the bodyguard, whom was present when Trash broke into the condo the first time and second time. 
  • There is only one witness in the room at all times. The courtroom is a small room and there is no waiting room, so when we were not being interviewed, we stood outside or sat in our cars.
  • At the end of all the testimony, the lawyers and translators review the documentation.
  • If all looks good, the Secretary prints the documents, and everyone who participated in the day has to sign the paperwork along the borders.

Given this, it took from 11am to 5:30pm to complete all the “interviews”, prepare the documents, and have everyone sign the documents.

So What Happens Now?

The judge will get a file that is thick as thieves — evidence submitted (police reports, ring doorbell recordings, apostiled documents from the USA (my order of protection, the financial statements that show I paid 100% for the condo, all of the Chandler police reports, etc), witness statements from the court hearing today, etc.. The judge will determine the outcome. I understand he will make a decision within 3-5 months. While the court is making its decision, the Order of Protection stands in place.

So, we wait.

Why was this so hard for Me?

It’s the first time I have seen him since the USA Order of Protection hearing on Nov. 9th (OOP Upheld). So the good news is he looks HORRIBLE. I can’t believe that I found him even remotely attractive at any point. His beer gut, his man boobs, and now he has a short haircut that makes his head look like a special needs child that needs a helmet. Outside of his physical appearance, I clearly saw him for who he really is – a conman, a self-entitled, selfish, sociopath narcissist – a what is yours is mine guy that has zero moral compass.

It shook me hard. It’s like a lightning bolt hit me – I was way too trusting, too nice. There was evil on this earth and I saw it in him. 

I’ve been in shock since August of last year. I don’t go out, I don’t get to know people. I am alone almost 100% of the time. It has been really hard for me to come to grips with the fact that I was with someone that I thought I knew, but in the end, it was never real: 

  • He knowingly lied to me (he never had the money for the condo); he never intended to pay me back for his 1/2 of the condo
  • He took all the rental income; did not give me a penny
  • And now he wants to profit from my investment
  • He was not in a committed, monogamous relationship as he presented to me – he had been having sex with anyone who would have him (so gross)

Nothing about him is or was real. I’m still shook by all of this. Since November 2022, I have basically been self isolating. I don’t trust myself, I don’t trust others, I don’t want want or need any drama in my life. I don’t go out. I work from home… I’ve gone weeks without leaving my house (thank you Door Dash!).

Right now, I’m just done. I’m done with people, with humans….. I need to find a therapist to help me through this period. Just know I’m working on it. I’ll get there. But if you do not hear from me, it’s because I am trying to figure things out and heal myself.

Lessons Learned

Same lessons I speak of all my previous posts – don’t trust anyone:

  • Always do a background check before dating anyone (I use Truthfinder)
  • Speak to the ex prior to engaging in the new relationship
  • Never co-mingle money

Please pass / forward this blog onto other women who may be going through the same thing. The more we ladies a) stick together, and b) learn from each other, the less havoc these conmen will wreak in our lives.

I’m going to bed now. Going to have a good cry, hug my new cat Josie, and hope that I can sleep as I have a shit-ton of work to do tomorrow.