Tuesday, March 3, 2009

Buying real estate with a trust in Mexico

Forex Killer Autopilot - Why You Will Want It?
By Sammy Sosaro

Manzanillo is on the verge of growing into the next must-see destination. Buying real estate in Manzanillo is getting more and more popular every year. Legally purchasing land in Mexico has led to much confusion. This is commonly seen when trying to buy land in restricted areas like near a beach or border.

As experienced real estate owners in Mexico, let us clear up a few misunderstandings about owning real estate in Mexico. We've done this before, so following these instructions will make it as easy and quick as possible. We pretty much know how the process works and understand the reasons for this method of property ownership, so here is a partial explanation for the trust method of property ownership in the "Coastal Zone" of Mexico.

Many people are still under the impression that the ownership of property in Mexico is not available to foreigners. Some people will swear up and down that you cannot own property in Mexico. What usually happens is that what the masses believe is totally untrue.

Let's take a look at the truth:

The government in Mexico did indeed at one time put strong controls in place to keep foreigners from owning property in restricted areas (within 50 km. of the ocean, border etc.) because they were concerned about being taken over by foreigners. This system was included in the constitution and as a result can't be changed. During these times, if you wanted to own real estate in Mexico, it was a risky venture at best.

Next came the Fideicomiso, a land trust system that allows newcomers to Mexico to own land (excluding Ejido land) in previously off limits territory (Manzanillo included). Not unlike a trust created in Canada or the USA where assets are lodged in the trust and held for the exclusive use of the beneficiary, your Mexican trust holds the property deed for the sole benefit of you, the beneficiary. Your property is then yours, and you can build as you desire. You can occupy, rent, sell, develop, lease, etc. at your discretion. It's a good idea to get a trust document for your property as you can legally say who will receive the property in the case of your passing on.

There are a couple disadvantages to getting land this way including a slightly higher price for the land trust and the yearly fee that you have to pay to the bank holding your documents. I look at this fee (tax on us) that Mexican's do not have to pay, as a part of the price we pay to enjoy all that Manzanillo has to offer.

Even in a restricted area, owning land is a cinch and you are not required to be a Mexican national to do it. The regulations pertaining to ownership land are different than ours, however the results are the same. Though difficult, this system is complete and comprehensive. The fideicomiso system provides protection for all parties involved, both in the buying and selling. Your notary should abide by the proper procedures when notarizing your documents.

This should clear up most questions about the topic. There is lots of information on trusts in different publications and on the internet, most of which is factual. Getting a Fideicomiso is smooth sailing, all that is really required is some official stamps and notarized documents. With the right people helping you, it should be pain free and quick. - 21511

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