The answer is yes, but foreigners in the restricted zone (borders and coastline) own in 2 ways. Either in a Mexican corporation, or with a bank trust. The restricted zone is within fifty kilometers of the coastline and one hundred kilometers of its international borders. All foreigners are in this category, including all five star resorts.
The Mexican bank trust is referred to as a Fideicomiso. Much like a trust in the United States, the Mexico bank holds all rights and privileges of the property including ownership. While exclusive use and enjoyment goes to the foreign owner.
With a bank trust, the beneficiary has the right to occupy or rent the property at his own discretion. The beneficiary may also start a transfer of title for the property to any legal beneficiary he chooses. Beneficiaries can also make changes to the property by following all local zoning laws and regulations.
The initial term of these trusts is fifty years. The trust can be renewed for the next fifty years…into infinity. Also, the property may be sold at any time to any person qualified for land ownership through citizenship or bank trust. The non-Mexican buyer can increase the sale amount due to property value appreciation.
The bank trust was designed to ensure the legality of all transactions. and protect the rights of non-Mexicans who secure land. Beachside Real Estate has closing specialists and a savvy sales team that will help you every step of the way as you establish a trust.
How do I establish a bank trust, or fideicomiso?
A bank trust, is established during the closing process on your new property. As part of your closing costs, you will pay the Mexico bank a fee which includes a property value percentage. This fees covers the costs of preliminary studies and the drafting of a trust agreement.
Costs associated with establishment of a trust can range from five hundred to fifteen hundred dollars. Then, approximately five hundred dollars per year. These fees are paid to the Mexico bank serving as the trustee.
These real estate bank trusts are held as off balance sheet assets by the Mexico banks acting as trustees. This trust system was implemented by the Mexican Government. It was enacted to provide foreigners legal ownership without amending the Constitution of 1917.
Our closing specialists will assist you you understand each and every step in the purchasing process.
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