Litigation & Dispute Resolution

Litigation in Mexico, particularly when real property rights are involved, is not for the faint of heart. With real estate prices in Mexican coastal areas skyrocketing, title disputes, squatter claims and opportunism are also on the rise. Since NAFTA, Mexico has come a long way in developing the rule of law and more transparent institutions, yet corruption in local courts remains an issue and justice is often elusive.

Nevertheless, the “gunslinging” days in Mexico are over. In most cases, the party that articulates the strongest legal arguments, follows applicable procedure, and presents the most compelling evidence, will usually prevail in court, particularly if the appeals process is used effectively.

As in the U.S., many cases in Mexico are won or lost on procedural grounds. Hence, an understanding of local law and process is often the key to successful litigation.

Filing criminal claims such as fraud against delinquent debtors, and trespassing or dispossession against squatters, can also be an effective tool for enforcing private rights, engineering compliance with a contract or reaching an out-of-court settlement. While monetary damages are difficult to collect in Mexico—even with a binding civil judgment—most defendants do fear the criminal justice system, and therefore a two- pronged civil and criminal litigation strategy is often a must.

In choosing your trial lawyer, ethics and loyalty should be primary considerations. Some lawyers, particularly in smaller towns, have been known for compromising their clients' case if a more attractive offer is made to them from the adversary. Foreign clients should also insist on a bilingual trial lawyer. Knowing the law is insufficient without a clear understanding of the facts of the case—which the client usually transmits to the attorney on an ongoing basis.

In this regard, Rosen Law provides ethical, effective, bilingual legal representation to plaintiffs and defendants in state and federal proceedings, including:

• Civil suits to enforce contractual rights over property, including specific performance of buy-sell agreements
• Counterclaims and third party claims
• Eviction proceedings
• Construction litigation
• Adverse possession claims
• Criminal actions for trespassing, dispossession, fraud and abuse of confidence
• Agrarian ( ejido ) claims
• Amparo (constitutional injunctions) proceedings before federal courts
• Environmental litigation—PROFEPA and CNA claims
• Immigration claims
• Summary actions to collect on promissory notes
• Probating Mexican and foreign wills and intestate proceedings