jerezano
Sep 9, 2009, 2:15 PM
Post #17 of 22
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Re: [chicois8] Visa Requirements for Building in Mexico?
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Hello all:
In relation to my post that the URL chicois 8 gave us for the requirements to buy land in México are from an official Mexican Government website, he may be just a bit confused. If you will look closely at that web site you will see it is from a Mexican Consulate here in the United States, not from the Mexican Federal Government.
I said that we are all aware that Mexican Consulates modify the Federal Rules and regulations as they see fit. You should be well aware of that fact from the many posts here on Mexconnect which call attention to just that fact. There are posts here which state that some Mexican consulates refuse to issue FM3's to people younger than retirement age. I can't remember which was reported but I think it was New York or some other NE state. There are other consulates which require documents from your local county authorities that you do not have a police record, others require statements from a doctor that you do not have communicable diseases of one type or another, etc., etc.
Yes, Federal regulations based on the constitution do make a difference in the purchase of land between restricted zones and non-restricted zones. That is not germane to this discussion. A foreigner, no matter what his immigration status cannot purchase land in the restricted zones. (Once naturalized it is a different matter). A trust document must be used instead. The trustee (the fiduciary agent) is the owner of the land and the purchaser of the trust (you) is allowed to treat the land as his "fee simple" property but for a limited number of years, which is renewable. This is nothing more than a plain and ordinary land rent contract from a landlord. In this case the renter must meet the requirements established by the fiduciary agent who in turn is required to meet local and federal requirements. That doesn't mean that the fiduciary agent cannot establish requirements of his own over and above or less than the others. It also means that the while the fiduciary agent must meet those Federal and local requirements, you, yourself as a renter need not. Your requirements are those specified by the fiduciary agent. If he is required to demand an FM2 or an FM3 he will do so. If not required he is at liberty to specify what he wants.
My own reaction here is simple. Do what your local office of gobierno requires. If they will permit an FMT fine. If they require an FM2, or FM3 or some other document, no matter what it is, (ex) your birth certificate in addition to your passport, a Mexican driver's license, or even a bank account balance give it to them or they will not process your application. It is that simple. Just ask, but don't ask here on the internet. Ask your Notary Public or if you speak Spanish go to the government office and ask there.
Let's not get embroiled in arguments about what is or is not required when the process so so simple.
jerezano
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