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besChooks September 24, 2009 at 8:48 pm

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BLAINE October 10, 2009 at 7:50 pm

If a property’s title is already held in a trust – why is it necessary to go to the expense of setting up a new trust when there is a new owner??

WHY NOT JUST CHANGE THE NAME ON THE EXISTING TRUST IN THE NAME CHANGE OF THE NEW OWNER FOR A NOMINAL FEE??

Baja Real Estate November 21, 2010 at 7:36 pm

Hello Blaine,

Yes, if there is an exiting Trust, you do not need to “create a new trust” you may do a “cesion de derechos” (cession of rights), that will save you only the “set up fees” payable to the Bank for the FIdeicomiso, but you will have all the other expenses.

The only reason you would do that is if the Fideicomiso still has plenty of time remaining as it is (as you know) 50 years, you need to find out how old is the FIdeicomiso that holds the property you are buying, if it is an old fideicomiso you are better off to create a new one.

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