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Thinking of buying property in Mexico?
Can I Own Property in Rocky Point Mexico?
Can Americans and Canadians Own Property in Mexico?
Yes, Americans and Canadians can own property along the border and waterways through a Mexican Real Estate Bank Trust (Fidecomisco). Within the interior of Mexico, Americans and Canadians can own direct title to the property in Mexico
If I buy property in Mexico, will I own the title?
Title to the property along waterways and borders (called the Restricted Zone) is held in a Mexican Real Estate Bank Trust (Fideicomiso) with the owner named as beneficiary.
What is a Fideicomesio – Real Estate Bank Trust?
Simply put, the fideicomiso is a long-term irrevocable real estate bank trust. A Mexican fiduciary bank (Legal Entity) holds the title(deed) to the property and cedes the rights to the beneficiary to own, occupy, remodel, sell, lease, rent, give away or leave to your heirs. A Mexican Bank is typically the Trustee (usually owned by a multi-national bank) of the trust, the trust then holds the deed to the property for the owner's benefit. The trust is administered for the benefit of the “owner” (the beneficiary) according to the trust document
Why do we need a Fideicomesio?
The Mexican Constitution prohibits non-Mexican Citizens from owning title to property along waterway and borders which is called the Restricted Zone. Recognizing the importance of foreign investment, the Mexican legislature passed the foreign investment act in 1972 and revised in 1993 which allows non-Mexican Citizens to own title to property in the restricted zone through a Mexican Real Estate Bank Trust (Fideicomesio).
What is the Restricted Zone?
The Mexican restricted zone is classified as 50 kilometers (31 miles) from any waterway or 100 kilometers (62 miles) from any international border. Within this restricted zone, the Article 27 of the Mexican Constitution specifically prohibits non Mexican nationals from holding direct title to property. Foreigners however can hold indirect title through a Bank Trust. The bank is the trustee of the property, the buyer is the beneficiary. The trust conveys rights to the beneficiary including the right to use, purchase, sell, generate income, modify, and gift to heirs. Some of the trustee banks include Santander, BBVA Bancomer and Banorte, and Scotia Bank. I’ve include a map of restricted zone for the State of Sonora, Mexico. The entire peninsula of Baja is also in the restricted zone.
What is the process for purchasing property in Mexico?
Submit an offer with a standard AMPI contract, negotiate the contract to purchase; when we have an agreed upon contract, open escrow with secure title to hold earnest funds and final closing funds. We then enter our inspection and due diligence period. Our trusted pool of Mexican attorneys and Notarios will file the paperwork necessary to transfer the deed to the property which includes issuing a letter of instruction to the trustee bank executed by the seller authorizing transfer of beneficial rights of the trust to the buyer. A certificate of no-lien will be obtained from the city registry trust. The notario will investigate and certify clean title (no title defects), the attorney will calculate the closing cost due by the buyer at close. The deed is registered with the public registry in Puerto Peñasco, Mexico. The registration of the of the deed will take up to 6 month month, but possession is granted upon signing of the trust documents.
What can I expect terms of closing costs?
Closing costs in Mexico are roughly 4-5% of total value of the property or purchase price due at close, which is paid by buyer. Fees that make up the total closing costs are:
What documents are necessary for me to provide
Buyer and Seller understand that certain information is required by law to be reported to SAT (Mexican IRS) when closing a Real Estate Transaction. The following documentation must be provided by both buyer and seller
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