You sure can, by placing the Puerto Vallarta real estate in a bank trust, or “Fideicomiso”.  Title of the property is transferred to a trust with a Mexican bank acting as Trustee. The Trust Agreement is formalized by the issuance of a permit from the Mexican Ministry of Foreign Affairs. In all Mexico real estate transactions involving non-Mexicans and within the restricted zone, a Bank Trust is almost always used as the vessel for acquisition.  There are three parties to the trust:  The seller of the property is the Trustor, the bank is the Trustee (Fiduciario), and the buyer is the Beneficiary (Fideicomisario.)  The buyer is designated as Beneficiary in the Trust and the beneficiary rights are recorded in the public record by a Notary Public.

The Mexico Bank Trust is current for a term of 50 years and can be renewed for additional 50 year terms.  Many people have the mistaken belief that the trust is similar to renting, or a lease, this is NOT the case!  The bank holds the property in trust and follows your instructions.  Your Puerto Vallarta real estate is NOT an asset of the bank, it is your asset.  As Beneficiary, you have the same rights, use and enjoyment as a Mexican National, and can sell or rent your property without restriction, and keep the proceeds.  You may also transfer your rights to a third party or pass it on to named heirs.  The bank charges the person desiring the Fideicomiso an initial fee of approximately $550 USD for signing the agreement and establishing the Trust and a yearly fee of approximately $550 USD for administering the trust. You are free to choose which bank you prefer to hold your bank trust.  Your  TOP Mexico Realtor will be able to coordinate all the paperwork involved in this process.  You will just need to provide photo identification, and fill out a very basic bank form with your personal information and instructions on how you wish to hold the property and who you want to pass it to in the event of your death.  I recommend using a bank that will lock in the administration fee, and has a local English speaking representative.  You can also request a clause be added to your trust allowing you to attend and vote at the Homeowners meetings without getting a proxy every year from the bank.  Some people complain about the trust process, but there are benefits:  As part of the closing process, the bank’s attorneys review the deed and are able to sign on your behalf.  It is always nice to have another set of trained eyes review your deed before signature.  Also, the trust separates the asset legally, much in the way a “living trust” does in the United States.  Finally, in the event of the death of the buyer (beneficiary), the property automatically reverts to the substitute beneficiaries, avoiding lengthy and costly probate procedures.

Do you have a question about the Puerto Vallarta Real Estate market? Just ask!
Michael Green moved to Puerto Vallarta to take advantage of the unsurpassed lifestyle PV offers. Today, with over 12 years of experience, Mr. Green is one of the most recognized brokers in Vallarta. TOP Mexico Real Estate “Mexico’s Leading Network of Specialists for Finding and Purchasing Mexican Properties Safely!”

Related posts:

1. The Mexico Bank Trust for Ownership of Real Property
2. How the Strong Canadian Dollar Behaves in the Puerto Vallarta Real Estate Market
3. Q: In the Mexico Real Estate Market, Can we Use One Bank Trust to Own Several Properties

In the Mexico real estate purchase process, the ONLY authority permitted to draft a deed transferring real property or an interest in real property (such as the Mexico Bank Trust) is the Mexican Notary Public This person is different from a Notary Public in the United States where a simple exam, bond, and a rubber stamp can make a Notary Public out of most people Nor it is similar to Canada's Notary Public who must meet a few more stringent requirements to qualify Not so many, however as the Mexican Notary

The Notary Public in Mexico must be an attorney, must have a minimum of five years of practical experience in the profession, must pass a highly technical examination AND then be appointed as a Notary Public by the Governor of the state in which he or she is working The number of Notaries Public depends upon the number of people in the state A new Notary is appointed only as the population grows above a certain size the Mexican Notary Public has many duties, but one of the most important is the drafting of deeds for transfer of real property Anytime a signature is required on a deed of transfer it must be made before the Mexican Notary Public

As of now, foreigners buying and selling their rights in the La Paz real estate market, in the Cancun market, or any property within the “restricted” zone, through fideicomiso rights, do not always have to appear before the Mexican Notary Public in order to transfer their interest in the real estate These transfers in many cases may be made by having instructions signed in the buyer or seller's place of residence and “legalized” or “authenticated” for use in Mexico This same process can be used for a power of attorney document in the event buyer's or seller's signature is required And what is a “legalized” or “authenticated” document

No matter what the document, it must be signed before a Notary Public in the place of residence; California, Arizona, Calgary, Vancouver…..or wherever Once signed before the Notary Public in the place of residence it must be “legalized” or “authenticated” in order to be considered as valid in Mexico This means that a designated public official performs a government act and certifies to the genuineness of the signature and the seal, and the position of the official who has executed, issued or certified a copy of a document

In 1981 the Convention abolishing the Requirement of Legalization for Foreign Public Documents entered into force in the United States Under the Convention, (signed in the Hague, Holland), signatory countries, including both the United States and Mexico, but not Canada, agreed to mutually recognize each other's “public documents” so long as such documents are authenticated by an apostille, a form of internationally recognized notarization The apostille ensures that public documents issued in one signatory country will be recognized as valid in another signatory country

Thus, if the document required for a Mexican transaction has been notarized in the United States it must then be sent to the nearest office of the Secretary of State and an “Apostille” obtained A search under state government in the yellow pages should reveal the telephone and location of the closest office of the Secretary of State The document to be authenticated through an Apostille can probably be sent through the mail and should not cost more than $25.00 U.S. dlls.

It is important to allow for extra time to accomplish this step Other countries that are signatories to the Hague Convention are, to name a few; Germany, Argentina, Australia, Australia, Austria, Bahamas, Spain, Israel, France, Greece and Norway.

All countries which are not signatories to the Hague Convention, such as Canada, must authenticate documents to be used in Mexico by obtaining a “legalization” or ratification of their document from the nearest Mexican Consulate It maintains a list of authorized Notaries with samples of their signatures and is able to ratify the authenticity of the Notary's signature

Many people object to the time involved and the additional step required to “authenticate” a signature for legal use in Mexico It is less expensive and less time consuming, however, than making a special trip to Mexico in order to sign a document before a Mexican Notary

Author Linda Neil has over 35 years of hands on experience in all aspects of Mexican real estate. She holds membership in AMPI, NAR, and FIABCI and PROFECO Certificate 00063/96. Current member of the national advisory board of AMPI she is the owner broker of LINDA NEIL PROPERTIES for more information (512)-879-6546 THE www.TOPmexicorealestate.com NETWORK

“Mexico s Leading Network of Specialists for Finding and Purchasing Mexican Properties Safely!

Related posts:

1. Purchasing Your Mexico Dream Home; Condo Regime Part 5
2. How Secure Is Your Mexico Real Estate Investment
3. Mexican Corporations- An Option for Holding Mexico Real Estate

What you need to know after the closing.

Congratulations! You have signed and closed on your new home in Mexico. But now what Before purchasing your property, you found tons of information about the buying real estate in Mexico.

But what about after the closing Owning real estate in Mexico is very different from other countries. There are important issues that need to be taken care of. Here is a list of some important post closing issues:

1- Pick up the titleescrituras when it comes out of public registry.

After the closing you can request a certified copy of the titleescrituras and it can usually be obtained in a few days to a week depending on the notary office. Your original title may take several or many months to come back from the registry office so it is a good idea to at least have the certified copy.

2- Change of ownership in the assessor s office (catastro). When you purchase Cancun real estate, or even in most areas of Mexico, it is not automatically changed to your name.

3- Change of ownership with the federal beach tax office (if the property is beach front)

4- Change the utilities in your name (or contract these services in case of a new construction)

5- Homeowner s and hurricane insurance

There are also ongoing obligations that need attention:

1-Annual Mexico bank trust fee. This is the amount paid to the bank where your trust is established. It can usually be paid by wire transfer to make it easier.

2- Property taxes must also be paid annually. You will not receive a tax bill. This tax must be paid at the town halls tax office (predial) and you will need to take a copy of the last year s paid receipt so they may calculate the next year s payment. This tax can be paid in December for the next year. There are discounts for paying the year ahead in this month.

3- Federal Beach Tax is also an annual payment. Some condominiums complexes include this payment in the condo fees, but not all of them so do check.

4- Homeowner s and hurricane insurance is also paid annually. Usually the insurance company will advise of any payments due, but it is wise to be aware of when your payments are due so your policy does not lapse.

You can normally contract your attorney, Mexico real estate agent or property manager to assist you with these obligations.

Cyndi Ader, originally from the US, has been living in Cancun, Mexico for 17 years. She is a member of A.M.P.I. (The Mexican Association of Real Estate Professionals) and is currently a member of the International Relations Committee. She is also an international affiliate of NAR (National Association of Realtors). She is the owner/broker of Cancun Properties Real Estate and specializes as a buyer s broker.

THE TOPMexicoRealEstate NETWORK “Mexico's Leading Network of Specialists for Finding and Purchasing Mexican Properties Safely ! ” (512) 879-6546

Related posts:

1. The Mexico Real Estate Closing Process
2. What are Estimated Mexico Closing Costs
3. How to Buy Mexico Real Estate: The Purchasing Process

If the Mexico real estateproperty you are purchasing is already in a trust (fedeicomiso) you may either: request assignment of the rights to you, or may request a new trust for fifty years If a new trust, a permit from the Secretary of Foreign Relations is required Whether a new trust or an assignment of rights, the deed in the new buyer's name must be registered in the National Foreign Investment Registry

When considering a new trust or an assignment of rights here in the La Paz real estate market, the factors we consider are: 1. Remaining term of the existing trust – when will it need to be renewed ; and 2. – What are the annual fees under the existing Mexico bank trust If the permit has an unexpired term of less than fifteen or twenty years and/or the annual bank administration fees are more than $500.00 U. S. Dollars, it probably makes sense to obtain the permit for a new fifty year trust with a bank offering more attractive fees

Author Linda Neil has over 35 years of hands on experience in all aspects of Mexican real estate. She holds membership in AMPI, NAR, and FIABCI and PROFECO Certificate 00063/96. Current member of the national advisory board of AMPI she is the owner broker of LINDA NEIL PROPERTIES for more information (512)-879-6546 THEwww.TOPmexicorealestate.com NETWORK

“Mexico s Leading Network of Specialists for Finding and Purchasing Mexican Properties Safely!

Related posts:

1. How to Buy Mexico Real Estate: The Purchasing Process
2. Purchasing Your Mexico Dream Home; The Bank Trust Part 4
3. The Mexico Bank Trust for Ownership of Real Property

The Mexico real estate industry is faced with many twists and turns that are not normally experienced in property transfers within our own home countriesFor example, it is common in some operations in the Yucatan real estate market the need to rectify property measurements If this occurs, this means most likely, that there is going to be a delay in the Mexico real estate purchasing process. Essentially, the escrituras on file with the Catastro and the seller's copy of escrituras have a (usually small, often infinitesimal) difference in the meets and bounds measurements stated in the documentation.

If the property is to be held in a Fideicomiso, the bank requires that the escrituras of the seller and the escrituras filed with the Catastro be absolutely the same. If they are not, the Catastro will need to send an engineer to the Mexico property to re-measure the property and record it properly. After the engineer re-measures and issues the new measurements, the owners of all the properties that bound the re-measured property must literally “sign off” on the new measurements. This can be a long and arduous process, especially if the property has numerous neighbors adjoining it.

Mitch Keenan has been a Licensed Broker in the United States since the 1980s. He holds a GRI and a CRS from NAR (National Association of Realtors). With over ten years of living and working in the Yucatan real estate industry, Mitch brings American business ethics and Mexico business experience together to give buyers unparalleled service. www.TOPmexicorealestate.com 512-879-6546

Related posts:

1. Yucatan Real Estate Property Taxes
2. Yucatan Real Estate Tips
3. Yucatan Real Estate Expert; Mitch Keenan

I have been putting together various posts on the processes involved on how to buy Mexico real estate. You can see the previous posts on this series by clicking here Mexico Dream Home Below I will start to discuss the Mexico Bank Trust

Payment of the purchase price is not enough In order to have a valid ownership interest in the property which you are buying it is necessary to have the title recorded This puts the rest of the world on notice that the property is yours If you area a foreign person purchasing property in many parts of Mexico, including the La Paz Mexico real estate market and all of the Baja pensinsula, the property will transfer not to your name but to the name of a Mexican bank as trustee for your interests The Mexican constitution prohibits direct ownership of real property by foreigners in the “prohibited zone”, a strip of land thirty miles wide along its seacoasts and sixty miles wide along its borders with the United States and Guatemala/Belize, as well as the entire Baja peninsulaThis is the reason for the bank trust, the “fideicomiso”, which has been established under the guidelines of the Mexican government so that foreigners may be protected in their property acquisitions

Whether you are purchasing in a zone requiring a bank trust or in an area where title can be taken directly into your name, it is necessary that this transfer take place and your interest registered as soon as possible after the successful conclusion of the negotiations to purchase your dream property Until this transfer takes place you are vulnerable: the seller may die, the heirs may be unwilling to recognize your rights in the property , you may become involved in a lengthy and expensive probate proceeding Meanwhile, your interest may not be recognized by the authorities should you wish to obtain a building permit, by the bank should you wish to borrow money and use the property as collateral or as part of your assets; by the courts should a third party also claim an interest in the land, or, very importantly, should you later decide to sell it

The prudent buyer of real estate in the United States or Canada would not consider leaving his title “in limbo” in either of those two countries; one should not do so in Mexico either.

The foreigner purchasing real estate in Mexico is buying personal, not real property if the acquisition is on the Baja Peninsula, within thirty miles of any coastline on the mainland, or within sixty miles of any border The acquisition is personal property How does personal vs. real affect the foreigner who acquires property under a Mexican bank trust The effect is negligible Instead of using the words; “transfer of title” one should more property say “transfer of trust rights”, or, “assignment of trust rights” In practical terms the beneficiary has full control of the property He may direct the trustee bank to 1. – lease the property, 2.- mortgage the property, or 3.-sell the property The foreign owner enjoys full rights of usage and may do anything to the property permitted under Mexican law He enjoys the same rights of dominion as any Mexican citizen who has direct title to the property He may construct a building, tear it down or modify it in compliance only with the local zoning and planning ordinances or, if applicable, the home owner's condominium regime A permit to acquire the rights in the property must e obtained from the Secretary of Foreign Relations and the terms of the permit form a part of the deed Currently, the term for a trust is fifty years Multiple renewals are permitted under that law By requesting extensions each fifty years a property may be controlled by a family or business entity for generations

Author Linda Neil has over 35 years of hands on experience in all aspects of Mexican real estate. She holds membership in AMPI, NAR, and FIABCI and PROFECO Certificate 00063/96. Current member of the national advisory board of AMPI she is the owner broker of LINDA NEIL PROPERTIES for more information (512)-879-6546 www.TOPmexicorealestate.com

“Where 12TOP real estate experts from ALL regions of Mexico come together to share their Tips & Knowledge to help you buy safely !”

Related posts:

1. Q: In the Mexico Real Estate Market, Can we Use One Bank Trust to Own Several Properties
2. The Mexico Bank Trust for Ownership of Real Property
3. Purchasing Your Mexico Dream Home; Condo Regime Part 6

THE MEXICO REAL ESTATE BUYING PROCESS PART II (Fideicomiso or FOMC)

This is a continuation of my previous post- Buying in The Yucatan Real Estate Market

While touring Yucatan properties with your agent, you will want to engage in a conversation about Fideicomisos and FOMC (Foreign Owned Mexican Corporations) to determine which is the best vehicle for you to utilize to hold title. Both have advantages and disadvantages.

The Fideicomiso (bank trust) is a trust agreement that you establish with a bank to hold title of the property with you (you and the bank are both named in the title documents). The bank has a fiduciary responsibility to represent your interest in the property.

Advantages of the Fideicomiso:

* The Fideicomiso gives you the rights and the vehicle to hold the property in perpetuity. It is a 50-year trust agreement that is renewable every 50 years by you or your heirs.

* You may also transfer your rights in the Fideicomiso to another foreign buyer

* You may rent, sell, remodel or dismantle the improvements on the property.

* Your heirs may inherit the rights to the Fideicomiso, effectively by-passing probate, should you depart without a proper will

* There are tax advantages pertaining to Mexico capital gains taxes when you sell

* The Fideicomiso is easy to maintain by paying the annual fee to the bank

If the title papers, property dimensions and corresponding documentation are not in perfect agreement, the bank will not issue the Fideicomiso. A rectification of the property measurements will be required We will discuss this in a moment.

The main disadvantage of the Fideicomiso is that it is restricted to a property of NO MORE THAN 2000 square meters.

Note: There are exceptions and you can request a permiso for acquiring a Fideicomiso that allows for a property larger than 2000 square meters. This is a complicated process requiring an investment plan, time line, inspections, architectural renderings, business plan and plenty of governmental red tape. The exception is designed for an investor that plans to make a significant investment in the property.

Another disadvantage of the Fideicomiso is that it is limited to one specific property. Sometimes you can put two adjoining properties into the same Fideicomiso. But, generally speaking, the Fideicomiso is only designed for an individual property.

The FOMC (Foreign Owned Mexican Corporation) is a vehicle that allows foreigners to open a business and work in Mexico. The corporation is a Mexican entity, and as such, has the right to hold title to real estate. An attorney or Mexico notario can help to set up your corporation It is important to know what your goals are in respect to the property, business and type of Mexico real estate investment prior to setting up the corporation.

Creating the corporation requires a minimum of two individuals (stockholders), of any nationality, that are at least 18 years of age. One of the stockholders will be required to be the managing partner. The managing partner will be required to acquire and maintain a Mexico FM-3 visa. The visa must be renewed every year. Additionally, the corporation is required to make monthly reports to HACIENDA (the Mexican Department of the Treasury) reporting income and expenditures. The reporting needs to be done by a certified accountant.

Advantages of the FOMC:

* Allows for the purchase of properties larger than 2000 square meters

* No limit to the number of properties it may own

* Allows for one or more of the stockholders to legally live and work in Mexico year round.

Disadvantages of the FOMC:

* The corporation requires more hands on attention than the Fideicomiso.

* Does not have the ability to avoid capital gains taxes when it sells property

* Requires a managing partner with an FM-3 visa

* Monthly reporting of financial activity is required through a certified accountant.

Mitch Keenan has been a Licensed Broker in the United States since the 1980s. He holds a GRI and a CRS from NAR (National Association of Realtors). With over ten years of living and working in the Yucatan real estate industry, Mitch brings American business ethics and Mexico business experience together to give buyers unparalleled service. www.TOPmexicorealestate.com 512-879-6546

Related posts:

1. Q: In the Mexico Real Estate Market, Can we Use One Bank Trust to Own Several Properties
2. What is a Mexico Bank Trust, Fideicomiso
3. How to Buy Property in Mexico; The Mexico Bank Trust Part II

A common qustions we have in the Mexico Real Estate market when assisting non Mexican investors or buyers is

Q.) “Would we be able to use the same Mexico bank trust for multiple purchases or does each property have to have its own trust”

A good question. Our panel of Mexico Real Estate experts will answer below

A.) Rita Sheese of Cozumel Capital covering the Cozumel Real Estate Market answers:

“Each property will need to have it's own separate trusts, each established for a specific property.

A Mexico bank trust, or fideicomiso, is established for a Property…so trusts are property-oriented, not people-oriented. A specific property is the object of each trust contract, and the reason for the trust being established As an example: when a property held in trust is sold, the trust stays in place, only the beneficiaries in the contract change — the original beneficiaries of the Mexico bank trust (sellers) cede their beneficiary rights to the buyers, who become the new beneficiaries of that same trust.

A.) Linda Neil from the La Paz Real Estate region adds “A Mexico bank trust is required for each property since the trust (fideicomiso) is actually a deed to the rights in a specific property. A permit from the Secretary of Foreign Relations is required for EACH property and the text of the permit is included in the fideicomiso deed. The only exception to the one deed per property rule is where two lots are contiguous. Then both can be put into one deed but usually will still require two foreign relations permits.”

A.) Ivan Castillo,regional director and practicing Mexico real estate lawyer from Stewart Title responded: “One Mexico bank trust must be used for each property. Each trust contains particular information of the transaction, such as: purchase price, trustee, substitute trustee, own SRE permit, appraisal, amongst other items.”

For more reading click here for Mexico Real Estate Questions and Answers

Related posts:

1. What is a Mexico Bank Trust, Fideicomiso
2. How to Buy Property in Mexico; The Mexico Bank Trust Part II
3. The Mexico Bank Trust for Ownership of Real Property

Article 27 of the Constitution of the Republic of Mexico prohibits foreign ownership of real property located within 30 miles of any coastline or 60 miles of either border This is referred to as the Mexico restricted zone

Owning within the Mexico Restricted Zone

In 1973, recognizing that many Americans would enjoy the rights of ownership, and bring needed dollars to the country, President Echeverria approved the bank trust, Mexico fideicomiso, form of ownership which is available to non-Mexicans This regulation was further expanded in the Foreign Investment Law of 1989.

Mexico Properties located within the restricted zone, which includes the entire Baja Peninsula, may be acquired by a foreigner through a Mexican bank trust naming the buyer of the property as the beneficiary of the trust Naked title is placed in the name of the bank selected by the buyer, as his trustee The bank administers the property according to the instructions of the buyer/beneficiary The buyer/beneficiary has full ownership rights: he may build on the property, tear down existing buildings, modify them, rent, lease or sell at anytime conforming only to the general laws of the country established for all persons

Term of a Mexico Bank Trust

The term of the trust is fifty years and can be renewed for additional fifty year periods, after which it must be transferred to “one entitled to hold property” in Mexico In other words, title to the property may rest in one beneficiary indefinitely, provided that it is renewed within the terms established by the law

Procedure and Costs

The procedure for establishing the fideicomiso, the bank trust, is as follows: a permit must be obtained from the Secretary of Foreign Relations which includes a description of the property to be placed in trust, the use for which it is intended, and personal data on each of the beneficiaries Once granted the bank draws up the trust document which is recorded in the municipality where the property is located.

The costs for the permit to establish and register the trust are currently about $1,700 US and Mexico bank trust annual fees are generally $400.00 to $700.00 per annum there are additional closing costs in Mexico, however, an it is wise to request a written estimate prior to beginning the transfer process.

* The costs mentioned above may require updating given the date of writing of this article

Author Linda Neil has over 35 years of hands on experience in all aspects of Mexican real estate. She holds membership in AMPI, NAR, and FIABCI and PROFECO Certificate 00063/96. Current member of the national advisory board of AMPI she is the owner broker of LINDA NEIL PROPERTIES for more information (512)-879-6546 www.TOPmexicorealestate.com

“Where TOP real estate experts from ALL regions of Mexico come together to share their Tips & Knowledge to help you buy safely !”

Related posts:

1. How to Buy Property in Mexico; The Mexico Bank Trust Part II
2. Q: In the Mexico Real Estate Market, Can we Use One Bank Trust to Own Several Properties
3. What is a Mexico Bank Trust, Fideicomiso

All too often citizens of the United States, Canada and other countries ASSUME that property purchases are carried out automatically in Mexico in a manner similar to that of their native countries The first law of property purchase in Mexico is DON`T ASSUME anything! Purchasing property is NOT the same as in other parts of the world

Would You Purchase a Property in Your Hometown Which Is Not Registered in the Local Public Registry or Land Titles Office

Would you hand a complete stranger, without an office or an established business entity, a check for perhaps hundreds of thousands of dollars to pay for a property Why do so many foreigners do this when they purchase in Mexico Many do not realize that Mexico has a complex and complete legal system and a court system that is as well organized as any that exists in the United States, Canada or Europe It is essential that you have an idea of how the system works and what to expect when considering a purchase of property in Mexico

Don't Leave Your Brain at the Border!

Article 27 of the Mexican Constitution prohibits ownership by a foreign individual or business entity of real property (real estate) within the “restricted” zone which is an strip of approximately 30 miles from any coastline and 60 miles from any border Recognizing the demand by foreigners for ownership of property and recognizing the importance of making desirable properties available to foreigners for potential positive impact on the economy, the Mexican government implemented a series of Foreign Investment Laws beginning in 1973 The law was modified in 1989 and again in December 1993, to incorporate the provisions of the NAFTA treaty passed in late 1993

For those who are acquiring property for residential usage, the law requires that title to the property in the restricted zone be transferred to a Mexican bank, as trustee, in the establishment of a trust (fideicomiso) in which the foreigner is the beneficiary The bank is the titleholder of the real property and the foreigner is the owner of the rights of usage of the property The bank owns the real property rights and the beneficiary owns the personal rights of usage Ownership of these personal rights is evidenced through a deed prepared by a Mexican Notary Public and signed by a representative of the trustee bank

Currently the term for a trust is fifty years The Foreign Investment Law of 1989 provides for renewal by filing an application Multiple renewals are permitted under the law By requesting extensions every fifty years, a property may be controlled by a family or business entity for generations For those foreign individuals or companies buying property in the interior of the country, not in the restricted zone, no bank trust is required but authorization from the Secretary of Foreign Relations must be obtained and ownership must be registered in the National Foreign Investment Registry located in Mexico City, as well as in the municipality where the property is located

Avoid Mexico Taxes and Extra Costs. Leave the Mexico Deed in the Seller's Name: This is Wrong!

Until the buyer is formally named as the owner in fee simple or in the bank trust in a public document before a Mexican Notary Public, title to the rights in the property remain with the persons named in the previous property deed Their signatures are required to transfer title If the buyer fails to obtain his or her own deed he/she will be required to obtain the titleholder's signature before a sale and transfer to another buyer This can be costly, frustrating, dangerous and time consuming

The Importance of Mexico Registration of the Deed for Beneficial Rights.

The Mexico purchase/sale document signed by buyer and seller is generally legally valid between the parties to a transaction It most likely contains the description of the property, the price to be paid to the seller, and any other special terms and conditions It WILL NOT, however, provide valid notice to third parties unless it is recorded in the Public Registry Office of the municipality in which the property is located Mexico's land registry system functions in much the same manner as the Public Registry offices in Podunk, North Dakota, Los Angeles, California, Ottawa, Canada or places in between

many foreigners purchasing property in Mexico do not understand the importance of registration of their interest in property They believe that it should be left in the name of the property developer, in the Master Trust, or in the name of the previous holder of title What if the developer goes bankrupt What if the corporation and its principals, disappear Who can sign as the representative of the property Who then owns the property What happens if an unscrupulous seller sells the property to someone else While title is in the name of the seller, it is HIS/HER asset; she may mortgage it, he may sell it again, it may be attached in satisfaction of a judgment, she may die without a will

Unless the Deed for the rights of the Beneficiary has been Recorded, there may not be a remedy for the purchaser who neglected to obtain a registered deed…his or her interest and investment, may be lost

To obtain the deed an appraisal, a property tax certificate, and a no-liens certificate must be obtained Notarized bank instructions must also be obtained if property is in the “restricted” zone Seller's capital gains tax and Buyer's acquisition tax must be paid The deed transferring rights to the buyer must be registered and stamped by both the tax office and the public registry If this process is not complete, the buyer is not fully protected The buyer's ultimate protection is registration in the Public Registry office record, NOT the Notary Public or the trustee bank!

Financed Properties in Mexico

When property is sold with a down payment and the balance to be paid over a term of years, many sellers prefer to hold title to the rights in their name and transfer title to their rights only upon receipt of payment in full Meanwhile, however, the seller may die, may disappear, may bo bankrupt…again risky situations for the buyer the prudent buyer will insist upon a transfer of title and registration of a mortgage or pledge in which he gives his rights in the property as security for payment of the remaining purchase price

In the event of default by the buyer, the seller must conduct a proceeding similar to a judicial foreclosure in the United States and Canada It is as troublesome as a foreclosure in any country in the world but notably more problematical The registered title and recorded pledge or mortgage provides the buyer a greater comfort level in his investment The lender also enjoys protection in having his loan recorded and will have an established legal proceeding to follow in the event of default by the buyer

Author Linda Neil has over 35 years of hands on experience in all aspects of Mexican real estate. She holds membership in AMPI, NAR, and FIABCI and PROFECO Certificate 00063/96. Current member of the national advisory board of AMPI she is the owner broker of LINDA NEIL PROPERTIES for more information (512)-879-6546 www.TOPmexicorealestate.com

“Where TOP real estate experts from ALL regions of Mexico come together to share their Tips & Knowledge to help you buy safely !”

Related posts:

1. Purchasing Your Mexico Dream Home; Condo Regime Part 6
2. Purchasing Your Mexico Dream Home; Condo Regime Part 5
3. How to Buy Mexico Real Estate: The Purchasing Process