OWNING REAL ESTATE IN MEXICO
Yes…You can own property in Mexico! You also have the option to purchase a U.S. Title Insurance policy with a growing number of companies including, Stewart, Fidelity and First American. It’s all familiar to a property buyer and it all makes sense as we only use U.S. Escrow accounts for all earnest money deposits that the buyer ultimately controls.
There are over 1 million foreigners who have purchased property in Mexico and the # is on the rise as the baby boomers and investors from all walks of the world are enjoying the opportunities in Mexico’s advantageous real estate market. U.S. corporations such as Costco, WalMart, City Club, Sam’s Club, Home Depot, Office Max, Office Depot and etc. wouldn’t be purchasing their land to build their stores here locally as well as in other parts of Mexico if ownership wasn’t a true reality. Lending for U.S. and Canadian’s in Mexico first came to life approximately in 2002. As we all know, no bank in their right mind would ever loan money if there was a risk of the buyer having any chance of losing their property as the buyer would simple walk away from any obligation of their loan.
WHAT ABOUT 99 YEAR LEASES?
The 99 year lease is a myth, it never existed. There are some areas in Mexico that are classified as “Ejido” or land that can only be leased including bare land and land with structures or improvements. We steer clear of Ejido land and recommend that you don’t have any involvement with them as there’s no title to be transferred. (The easiest way to understand “Ejido” property is to compare it to Indian reservation land). These types of properties are very not fully owned and we don’t recommend that anyone take the risk in trying to acquire them.
All property listed for sale on the “MLS” system and every property with our representation must have a clean title and be free of any encumbrances so you’re fully protected. The closing process normally takes 30-45 days but can take longer if there’s any contingencies or an additional waiting period for a loan to be funded. The buyer is 100% protected as the money never leaves their U.S. Escrow account unless there are 0 liens and all the paperwork is in perfect order from start to finish for the transfer. Just like the back home!
WHAT IT IS AND HOW IT WORKS
Foreigners acquire irrevocable and absolute ownership rights to residential property in Mexico through a 50-year perpetually renewable and transferable Bank Trust called a Fideicomiso. This Trust is a legal substitute for deeded (commonly referred to in the U.S. as fee simple) ownership and is provided specifically for non-nationals to own residential property in the restricted zones (border and beach areas.) established in the actual Mexican Constitution. The Trust system of ownership is sanctioned by the Mexican government, provided for under the Mexican Constitution, and secured by the Central Bank of Mexico; thereby offering powerful protection.
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