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Can a Foreigner
really own property in Mexico?
The first
question people usually ask about buying Mexican real estate is whether
they can actually do it. The answer is yes... many non-Mexicans have
purchased property here. Over 600,000 foreigners already own property
throughout Mexico and since the change in the Foreign Investment Law in
December 1993, foreigners can now own land in the formerly restricted
zones - within 30 miles of the beach and 50 miles of the border -
through a Fideicomiso (Trust).
Purchasing Real Estate in Mexico
While
it is true that in years past the Mexican government have not allowed
foreigners to buy property, this is no longer the case. Although there
are restrictions, foreigners can buy property, and they will receive
either a simple-fee title or a trust deed allowing them to sell the
property or will it to their heirs if they so choose.
In years past,
buying real estate was always a cash transaction, but now home mortgages
are available to qualified buyers; some of these mortgages are offered
by Mexican companies, but some are offered by American companies.
Interest rates are generally higher than for loans on U.S. property, and
there are other fees attached, but mortgages do allow people without a
large lump of cash to buy property.
How it works
Foreigners acquire
irrevocable and absolute ownership rights to 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 property in the formerly
restricted zones (border and beach areas.) 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.
If you take
reasonable precautions and work with professionals, you will have a
happy ending for your purchase of Mexican property.
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