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eyePad

Apr 25, 2011, 9:41 AM

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Home Ownership

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I have searched a bit and couldn't find an answer. (Didn't read every post so maybe I missed it). When we bought our house the oficinistas bien ignorantes told us I could not, as a foreigner, own a house in Mexico. I didn’t fight about it, put it in my wife's name. This is far from the restricted zone. So can a foreigner own property and what paperwork is required?

I’m also wondering, can a naturalized citizen own land in the restricted zone? I actually saw conflicting posts on this. In general is purchase/ownership the same as for a native born citizen?
apáñatelas como puedas

Casa

Apr 25, 2011, 9:53 AM

Post #2 of 16 (5002 views)

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Re: [eyePad] Home Ownership

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The short answers are yes and yes

Yes foreigners can own land in Mexico without a bank trust (fideicomiso) that is not located in the restricted zone. You do need to file some paperwork with the SRE See info below
http://www.sre.gob.mx/index.php/tramites-y-servicios/adquisiciones-por-extranjeros

Yes naturalized Mexican citizens can own land in the restricted zone WITHOUT a Bank trust (fideicomiso) just like they can travel with a Mexican passport and vote in Mexican elections

robt65

Apr 25, 2011, 11:07 AM

Post #3 of 16 (4971 views)

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Re: [eyePad] Home Ownership

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My wife and I bought a house and two additional lots about four months ago in Queretaro. I did have to fill out some paperwork with SRE, make a payment to the bank and bring a receipt back to the SRE office. I had my wife's name also put on the property ownership. We had no problems at all. The papers from the Federal government are back and both our names appear on the property as owners. Sounds like to me that maybe your "local" person is trying to get a little "Payment" for him / her self on the side.

robt65

Gringal

Apr 25, 2011, 12:11 PM

Post #4 of 16 (4953 views)

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Re: [robt65] Home Ownership

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We bought a house in San Miguel de Allende about seven years ago. No involvement of bank payment; just a notario along with the real estate office. We are both expats and the house is in both names. We bought another in Ajijic four years ago: same procedure.

I agree that someone is looking for an income enhancement in your case. See a reputable notario in your area.

salto_jorge

Apr 25, 2011, 12:27 PM

Post #5 of 16 (4945 views)

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Re: [Gringal] Home Ownership

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Purchased my home in GDL without an issue.
Notario asked for our passports, marriage certificate, and birth certificates, plus property division laws where we file our income tax back in the states.
We had to pay all the legal fees and the property tax that was due.
We have a copy of the deed and so does the notario.

robt65

Apr 25, 2011, 1:03 PM

Post #6 of 16 (4928 views)

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Re: [Gringal] Home Ownership

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Hello Gringal,

Before I bought the property and home in Queretaro (last year) I went to four "reputable notario's" and was given the same answer. I had to pay (I think it was about $500 USD) for the fee necessary of a foreigner to buy the land and have it put in my name. In fact I was very skeptical about such a "government fee”. Two of the notarios were kind enough to make a copy of the law and sent it to me. I do not have that specific federal code from the Immigration office in front of me, as I am at this time in Texas.
I was so skeptical about this I even posted this verify question on this forum and had plenty of responses almost all agreeing this was a normal part of the process for a foreign national to complete before gaining a letter from the federal government office, actually just a government stamp on some notario’s document, that allowed me to buy the land through a notario’s office.
I had to take the money to Banamex, Banamex gave me a stamped receipt and that receipt has to be taken to the federal immigration government office for the government stamp allowing me to purchase the land and home. In fact, if I had been married to a foreign national and tried to buy the property, we would have been charged double the fee. Since my wife is a Mexican national, I only had to pay the one fee.We also had to provide the federal government office copies of my passport, my FM2, our marriage license and my birth certificate, as well as other pertinent information about the particular piece of property. A time consuming event for sure.

You might be able to buy a property or home without that "fee" or "Tax" but I doubt your name would appear on the title in the government office.

Maybe someone else on this forum can enlighten you either (from memory) of their post in answer to my original post that, I posted (I think in January of this year) or can enlighten you as to the code. This is a federal requirement and not a state requirement. I do remember I was quite upset about that "tax" or "fee" at the time.

Regards,
Robt65

(This post was edited by robt65 on Apr 25, 2011, 1:04 PM)

Casa

Apr 25, 2011, 1:35 PM

Post #7 of 16 (4923 views)

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Re: [robt65] Home Ownership

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In Reply To

Maybe someone else on this forum can enlighten you either (from memory) of their post in answer to my original post that, I posted (I think in January of this year) or can enlighten you as to the code. This is a federal requirement and not a state requirement. I do remember I was quite upset about that "tax" or "fee" at the time.

I remember that . you can see that old post here

Gringal

Apr 25, 2011, 2:35 PM

Post #8 of 16 (4909 views)

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Re: [robt65] Home Ownership

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You are probably correct and we paid the fee without being aware of who got it and what it was for. They just collected our money and distributed it as requiired........so no argument there. Who knows? I was just recalling our experience.

robt65

Apr 25, 2011, 3:47 PM

Post #9 of 16 (4880 views)

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Re: [Gringal] Home Ownership

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Hi Gringal,

I guess I am just nt as easy as you are! (smiling) That is a bunch of bucks and I wanted to know why, who, what, where, etc.!!! Iwas used to those (unseen) up front "fees": NOB bt It came from left field for me a few hours before signing papers. We had to put off the signing until I was sure I wasn't getting sc$#wed before getting a kiss! (smiling)

robt65

robt65

Apr 25, 2011, 3:51 PM

Post #10 of 16 (4877 views)

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Re: [salto_jorge] Home Ownership

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Hello Salto_jorge,

Hate to break the news to you, but you paid it and maybe a little more as your notario did the leg work. Property absolutely can not be put in a foreigners name without that dam&d "fee", this is a Federal law, not a state issue.

robt65

Gringal

Apr 25, 2011, 4:22 PM

Post #11 of 16 (4859 views)

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Re: [robt65] Home Ownership

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(grin) It's easy to be easy when you're sitting in the Notario's office with sellers who are fluent in Spanish, and you aren't. Had the sensation of being on a conveyor belt to nowhere, in some ways. When they got around to explaining that there was also a fee to have the house in both names in a way that had you each owning "half a house", they really lost me. LOL.

They did explain the reason for the latter, based on the seeming (to me) rather bizarre inheritance laws in Mexico. Then much later, when we were having some work done here and our contractor said he had to leave and go home quickly after his wife called........ because an obscure relative was standing at his doorstep ready to move in.........I began to "get" it. BTW, if anyone on here doesn't already have a Mexican will and owns anything here.......get thee to a Notario and have one drawn up. You would not believe..........

chicois8

Apr 25, 2011, 5:44 PM

Post #12 of 16 (4840 views)

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Re: [robt65] Home Ownership

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I believe that is the fee for the Foreign Ministry Dept. All Foreigners that apply to buy land in Mexico have to be checked out and OKed by this office,hence the fee..........

eyePad

Apr 25, 2011, 6:27 PM

Post #13 of 16 (4824 views)

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Re: [Casa] Home Ownership

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Casa - thanks for the link to SRE. Pretty interesting reading. The fee is $5075 pesos and it is an "Agreement to renounce..." You basically have to renounce the use of your government to intervene on your behalf and legally you will be considered Mexican regarding the property. If you fail to keep the pledge the government can confiscate your property. That's what I see in a quick reading, anyway.
apáñatelas como puedas

robt65

Apr 25, 2011, 7:14 PM

Post #14 of 16 (4802 views)

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Re: [eyePad] Home Ownership

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Hi eye Pad,

So now you have the straight skinny . . . . . I also was very perplexed about the whole thing, especially since it came out of left field at the last minute . . . . just another way for another government to get their grubby little hands in your pocket. Oh well, as I always say . . . . . . the only thing for sure in Mexico . . . . . is that nothing is for sure.

robt65

morgaine7

Apr 25, 2011, 9:27 PM

Post #15 of 16 (4778 views)

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Re: [eyePad] Home Ownership

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That's known as the "Calvo Clause". More info:
http://www.icfdn.org/...ions/housing/007.php
It's also part of the process with fideicomiso purchases by foreigners in the restricted zone.

Kate

cbviajero

Apr 26, 2011, 8:30 AM

Post #16 of 16 (4740 views)

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Re: [eyePad] Home Ownership

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The agreement to renounce clause dates back to the Pastry War in the 1800s when a french baker in Vera Cruz got the french government to intervene on his behalf when his store was damaged by mexican troops,at least thats what my very excellent notary in gdl told me.
Regards
Chris