Owning Property in Mexico

Understanding the Trust System, or the Mexican Fideicomiso and the Restricted Zone.

The Fideicomiso is a Trust Agreement and the Restricted Zone is the land 60 miles from the border and 30 miles along Mexico’s coastline.

For historical reasons, the Mexican Constitution of 1917 once prohibited foreigners from holding direct title to land residing within 60 miles of its border or 36 miles of its coastline. Constitutional amendments in 1994 changed this by allowing foreigners to own direct title to property for commercial purposes, but still restricted direct title ownership for residential purposes. However, the Mexican Trust gets around this by

permitting foreigners to purchase Restricted Zone property for residential purposes, in a manner consistent with Constitutional provisions.

The property that you buy makes you the beneficiary of the Trust, and you have the same rights of ownership as in your own country, including the right to enjoy it, rent it, sell it, or leave it to your heirs.

Trusts are issued for a period of 50 years. A law put into effect in 1993 makes it renewable for another 50 years upon the request of the beneficiary and this clause is a part of the contract with the bank. The bank administrates the trust for an annual fee. There are many advantages to having this trust in place. In particular, once a purchase agreement is completed, the transfer of the benefit to the buyer is fast and inexpensive.

Transactions outside of the restricted zone do not involve a Trust.  These transactions can be administered by a Mexican bank since it is not necessary to establish a real estate trust in those areas.

 

If you have questions regarding Mexico financing, or if you would like to start the
loan application today, please call The Erskine Group at
888.488.3807

 

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