Legals Aspects
REAL ESTATE TRUST OR "FIDEICOMISO"
A HELPING HAND TO FOREIGN INVESTORS IN MEXICO
The Mexican Laws allow foreigners to acquire the rights to use, enjoy and avail of real estate located in the coastal and border areas of Mexico, through a trust ("fideicomiso") the only legal instrument and the most advantageous available for foreigners to acquire land in Mexico for residential or tourist purposes, having the same rights and obligations that a full ownership property gives.
What is a trust institution?
In Mexico, a Trust Institution is a banking institution that is authorized to open 'fiduciary' accounts and conduct trust operations. The Trustee holds legal title to the real estate property during the term of the trust, and is also empowered with rights and powers necessary to achieve the objectives of the contractual agreement creating the trust.
What characteristics would have a trust agreement (fideicomiso)?
In the trust deed, the present owner of the land would appear as the settler (fideicomitente) and would thereby deliver title of the real estate to the trustee who would hold the property during the life of the trust (50 years) You can renew the trust perpetually.The buyer (you) would appear as the Beneficiary (fideicomisario), the person having the absolute use and avail of the property.
What are the requirements?(Caribbean Habitat does all the paper work)
1. A copy of the real estate title or deed indicating the exact surface area, meets and bounds and a free of lien certificate, receipts of Federal, Local or municipal Taxes (seller provides these documents).
2. Your name, nationality, occupation, address and phone number. Copy of your passport, immigration form (in case), phone or other bill service mail to your address)
3. The name, nationality, address and phone number of the substitute beneficiary (ies) in case of death of the Beneficiary during the life of the trust.
4. The agreed purchase price.
What process follows?
Upon receiving the information and documents herein described, the trustee shall proceed to apply at the Foreign Affairs Ministry (Secretaría de Relaciones Exteriores) for the permit authorizing the trust deed, obtaining the permit the bank proceeds to execute and legalize the trust deed by a Notary Public. Notaries in Mexico have far greater legal status and competence than those in the United States. The Notary Public is an Attorney at Law who is authorized by the State Government to give final formality to the title transfer process in his protocol book. The resulting document taken from this protocol book is registered at the Public Registry of Properties, and it will give evidence of title in the name of the buyer. In the event that you cannot be present at the signing of the trust deed before the notary public, you should send us a letter where you accept the terms of such trust agreement.
What rights and obligations does the beneficiary assume upon the celebration of the trust deed?
As the Trust Beneficiary, you will have the use and possession of the property, that is, you may live on the land, undertake any alterations and improvements. You also have the capacity to instruct the Trustee on mortgaging the real estate, renting it, selling, transferring your beneficial interests to another person or corporation, or performing any of the acts that by law derive from the ownership. If you sell the property to another foreigner, you may assign your beneficial interest to the new purchaser. This assignment of rights must be formalized before a Mexican Notary Public, prior the payment of the federal and local taxes and fees that arise from the transfer of Beneficiary rights. You will have the obligation to pay the duties on the land, i.e.: real estate and water service taxes, the condominium maintenance fees, if applicable, as well as the Trustee's annual fee. You are also obliged to pay once a year mexican property tax, which is very low compared with the property taxes in the US.
What happens if the beneficiary of the trust dies during the legal period of the trust?
The Beneficiary has the right to appoint substitute(s) beneficiary (ies) who will receive all the rights and obligations that arise from the trust if the beneficiary dies during the life of the trust. With this designation of substitute beneficiaries, your heirs will not need to follow any probate proceeding before the Mexican courts, which could take time and Attorney's Fees. They would only have to give notice to the bank of the deceased and show the death certificate and their identifications, and then the Bank will accept and register them as the new owners (beneficiaries) of the Trust Property, without any cost.
How long does a trust remain in effect and can it be renewed?
It is renewable at the end of its 50-year term and for additional periods of 50 years each. The law provides that if an application is filed no more than 360 or less than 181 days before the end of the original trust, The Secretary of Foreign Relations must issue a new trust permit, effective for an additional term of 50 years. The trust can be renewed for perpetuity.
Can I sell or transfer my interest in a trust?
A trust interest may be sold or transferred much like any other interest in real property. Upon the sale of an interest in land held under a trust, the Secretary of Foreign Relations is required by law to issue a new trust permit to the buyer. If property held under a Trust is sold to a Mexican National, the trust can be terminated and the Mexican National may then own the property directly
Are mexican banks the only institutions that can hold trust on behalf of foreign investors?
Yes, however you have the right to choose which bank you would like to hold your Trust. The Trust is not an asset of the bank. Trusts also allow foreign investors to participate in other sectors of the Mexican economy. Foreign investors are required to use trusts to acquire certificates of participation representing shares of companies listed on the Mexican Stock Exchange.
Buy Cancun / Caribbean Habitat will assist you in the whole process. | 
