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You can own property in Mexico !!!

  • Writer: William Hutt
    William Hutt
  • Aug 9, 2024
  • 3 min read

How the Fideicomiso Trust Protects Your Property (and Your Peace of Mind!)

Unlocking Your Mexican Dream:


So, you're dreaming of owning a slice of paradise in Mexico—think sandy beaches, vibrant culture, and that perfect ocean breeze. But wait, you’ve heard about this thing called a *fideicomiso* and you’re wondering, “What’s the deal with that? Do I really own the property? Is my investment safe?” Relax, grab a margarita, and let’s break it down in a fun and reassuring way!


What’s a Fideicomiso, Anyway?


A Fideicomiso is a special kind of trust that allows foreign buyers like you to own property in Mexico, even if it’s located in the “restricted zone.” What’s the restricted zone, you ask? That’s the area within 100 kilometers (about 62 miles) of any border or 50 kilometers (about 31 miles) from the coast. Basically, all the places you want to be!


Since foreigners can’t directly own land in this zone, the Mexican government created the Fideicomiso as a workaround. Here’s how it works:


- The Players: You (the buyer), a Mexican bank (the trustee), and the seller.

- The Setup: You select a Mexican bank to act as your trustee. Don’t worry, the bank doesn’t “own” your property. They just hold the title in trust for you. You, the buyer, are the beneficiary of this trust, meaning you get all the perks of ownership.

- Your Rights: As the beneficiary, you can do pretty much everything you would if you had direct ownership: rent it out, remodel, sell it, or even pass it on to your heirs. The Fideicomiso is yours for 50 years, and you can renew it indefinitely.


But Do I Really Own the Property?


Yes, you absolutely do! The Fideicomiso is just a legal vehicle to make sure everything’s above board with Mexican law. You’re the one calling the shots—think of the bank as your silent partner, there to protect your interests and ensure the property is yours, legally speaking.


Here’s the best part: because the bank holds the title, your ownership is super secure. Even if the bank faces issues, your property is protected. You’re the rightful owner, and the trust ensures no one can take that away from you.


The Costs: What Should You Budget For?


Setting up and maintaining a Fideicomiso isn’t as pricey as you might think. Here’s a (general) quick look at the typical costs:


- Setup Fee: When you establish the trust, expect to pay a one-time fee of around $500 to $1,000 USD. This covers the legal work to set up the trust and register it with the government. These fees can vary depending if you're transferring a trust or starting a new one.

- Annual Fee: Each year, you’ll pay a maintenance fee to the bank, usually between $500 and $1,000 USD. This covers the administrative costs of managing the trust.


Compared to the peace of mind and legal protection you get, these costs are a small price to pay for your piece of paradise.


Maintaining Your Trust: What You Need to Know


Once your Fideicomiso is set up, keeping it in good standing is straightforward. Here’s what you’ll need to do:


- Annual Payments: Make sure to pay your annual maintenance fee on time. The bank will send you reminders, so it’s hard to forget.

- Property Taxes: Just like anywhere else, you’ll need to pay property taxes. These are generally quite low in Mexico, especially compared to the U.S. or Canada.

- Renewals: Remember, your *fideicomiso* lasts for 50 years, but it can be renewed indefinitely. When the time comes, the renewal process is simple and straightforward.


Why the Fideicomiso is Your Friend


The Fideicomiso is more than just a legal requirement—it’s your safeguard in the Mexican property market. By having your property in a trust, you’re protected from potential legal disputes, ownership challenges, and even bureaucratic headaches. It’s a win-win!


Plus, if you ever decide to sell, the process is smooth and straightforward. The buyer can either take over your existing Fideicomiso or set up a new one. No fuss, no stress—just a simple transfer of ownership.


Wrapping It Up: Your Mexican Dream Awaits!


Buying property in Mexico through a Fideicomiso might sound complex at first, but it’s actually designed to protect you. With the trust in place, you own your property, you control your property, and your investment is secure.


So go ahead, start picking out your dream home by the beach, or that cozy little casa in a charming colonial town. With the Fideicomiso trust, the only thing you’ll have to worry about is which hammock to buy for your new backyard! 🌴


WillHutt

Coldwell Banker La Costa

@BeachPleasePVR on Instagram and TikTok


I have new financing options available for US buyers. DM me foe details



 
 
 

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