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PROFECO / NOM-247

PROFECO — undisclosed encumbrance discovered post-closing

Lien against property surfaced after closing. Forced developer to clear it within 60 days or face PROFECO sanctions.

Recovered

$28K

Duration

5 months

Outcome

Delivery enforced

The challenge

What the client was facing.

Three months after closing, our client received notice from a contractor with an unpaid mechanic's lien (gravamen) recorded against the property — a lien that predated closing but was not disclosed. Developer claimed ignorance.

Our approach

The strategy we deployed.

PROFECO complaint citing NOM-247 disclosure violations plus civil saneamiento por evicción claim demanding developer clear the encumbrance. Set explicit 60-day deadline.

The result

How it ended.

Developer paid off the $28,000 mechanic's lien within 60 days, removed the encumbrance from the registry, and reimbursed our client's legal fees. Title now clean.

Prior results do not guarantee a similar outcome. Every matter turns on its own facts, contract, and jurisdiction.

Facing something similar?

Your situation deserves the same rigor.

Every case is different, but the methodology holds: strategic pressure, credible escalation, recovery.

PROFECO — undisclosed encumbrance discovered post-closing — PeninsuLawyers