Crimes in Costa Rica: Stellionate

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Published Tuesday, March 19, 2019

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Crimes in Costa Rica: Stellionate

By Attorney Sergio Castillo

Last time, I shared a story with you about a problem people experience all over the world nowadays, Fraudulent Administration, and Costa Rica not been the exception. I narrated the story to illustrate its concept at least in a general way. Today I am going to refer to a criminal modality called Stellionate, regulated by article 217 of the Criminal Code in several forms.

The first of these forms is perpetrated by whom " . . . receiving a consideration sells, taxes litigious assets, or embargoed assets, or encumbered assets, silently or hiding such a circumstance".

Steve was a successful realtor in the US for all of his life. Close to retiring he had accumulated the modest amount of two million plus. In the winter of 2010, he decided to be away from the cold weather and go looking for places as options to retire.

That is how, by means of a travel agency, Steve found Costa Rica in Central America, got information about interesting places to visit, health services, and businesses that look interesting.

So, Steve came to Costa Rica, fell in love with the country, decided to buy his own acres of heaven from a European realtor, this piece of heaven was priced at seven hundred thousand dollars. The beauty of the place was such that, although Steve thought the price was high, he closed the deal.

The deal was simple: the parties met at the attorney´s office Steve selected, the Buy/Sell Contract was signed, Steve was given the original contract and a transference payment receipt, he became "the piece of heaven" owner.

Months later, when Steve was doing all errands to form a Trust, he found out his little paradise was an embargo in a mortgage process.

A.M. Costar Rica wire services photo

So, he verified the information and found out that little before selling the property to him, the seller Mr. Hoffman had mortgaged the property, that is to say, he used the land as guaranteed in a loan and never paid for it, that was the reason a bank was executing the embargo.

This story reveals a typical form of a criminal act of Stellionate, which can present itself in different ways in normal life. That is why when making a deal it is important to get to know as much information as possible about it and to get proper assessor.

Editor's note: For more information on this case, Attorney Sergio Castillo can be reached at local phone number: 8919-4545 or Problem Solving Center email: problemsolvingcentercr@outlook.com

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   The views or opinions expressed by the author are the sole and exclusive responsibility of the sender and do not necessarily represent the opinion of A.M. Costa Rica. Therefore, the newspaper does not accept liability for the reader's opinion letter content.

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