Frequently Asked Questions

Can a USA or Canadian citizen own real estate in Mexico?

Yes, by placing the property in a bank trust. (Fideicomiso)

Who is involved in a bank trust?

Three parties. The seller of the property is the Trustor, the bank is the Trustee (Fiduciario), and the buyer is the Beneficiary (Fideicomisario.)

How does the trust function?

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. The lot or home buyer is designated as Beneficiary in the Trust and the beneficiary rights are recorded in the public record by a Notary Public.

Who is involved in Real Estate transactions in Mexico?

Normally there are four players involved in a real estate transaction. These are the real estate company, the buyer, a bank, and a Public Notary.

What are these official documents?

The official documents which are required by law in order to transfer the ownership of property in Mexico include a non-lien certificate based on a complete title search from the Public Property Registry, a statement from the municipality regarding property assessments, water bills, and other pertinent taxes that might be due, and an appraisal of the property for tax purposes.

If at a later date I decide to sell my property, can anyone buy it?

Yes. If the buyer is also a foreigner, you simply assign beneficial rights. If the new buyer is a Mexican National, you can instruct the bank to endorse the title in favor of the buyer.

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