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robertohowell

Aug 6, 2004, 3:56 PM

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Is fideicomiso necessary with inmigrado status

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Having completed my 5 years as an fm3 and almost 5 years as an fm2 , I am just getting ready to apply for inmigrado status.

Question: As an inmigrado am I able to own property without a fideicomiso? I currently have a fideicomiso on property that I own (the bank, that is).

In the event the answer is yes, is it a big deal to take this property out of a fideicomiso? I have had a fideicomiso on this property for seven years.



Georgia


Aug 7, 2004, 6:14 AM

Post #2 of 11 (699 views)

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Re: [robertohowell] Is fideicomiso necessary with inmigrado status

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You don't need to have imigrado status to own by direct deed if your property is not near Mexico's international borders or the ocean. My husband and I own our property now by direct deed inland in the state of Jalisco.


robertohowell

Aug 7, 2004, 6:46 AM

Post #3 of 11 (689 views)

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Re: [Georgia] Is fideicomiso necessary with inmigrado status

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I should have mentioned that my home is in Rincon de Guayabitos, near the ocean.


Georgia


Aug 7, 2004, 7:41 AM

Post #4 of 11 (682 views)

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Re: [robertohowell] Is fideicomiso necessary with inmigrado status

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Aha. In that case, I have absolutely no idea!


jennifer rose

Sep 5, 2004, 7:01 AM

Post #5 of 11 (572 views)

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Re: [robertohowell] Is fideicomiso necessary with inmigrado status

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Inmigrado status creates a permanent resident alien status; it does not affect citizenship. The inmigrado remains a foreigner. The restrictions against outright ownership of real property in the prohibited zones remain. The fideicomiso would remain necessary.


Bubba

Sep 5, 2004, 8:44 AM

Post #6 of 11 (557 views)

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Re: [jennifer rose] Is fideicomiso necessary with inmigrado status

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Jennifer:

We have been considering the possibility of buying coastal land in Mexico. The one thing that is unclear to us is whether are not the fact that we own land in Mexico through an outright deed or through a trust is really that important. I'm wondering if you or another contributor are aware of ways in which one's property rights are marginalized through the trust arrangement versus deeded ownership. Within that question is the issue concerning foreigners' property rights in this country no matter how held. In other words, no matter how my property rights accrue to my benefit, those rights may be compromised or eliminated through political, economic or social changes that are unforeseeable and beyond my control. My real questions is, are my property rights truly more tenuous as a result of the trust arrangement versus the traditional grant deed?

We have friends who bought "deeded" property on Lake Chapala east of Chapala in Poncitlan Municipality whose seemingly solid property rights acquired on ejido land are now being called into question by possible judicial action. If one is a foreigner, isn't the issue more the exercise of caution in acquiring any property in Mexico versus the legal method under which those property rights are held.

When I review local news media, especially in states such as Chiapas, Oaxaca and Guerrero, it seems to me that ongoing land disputes among native Mexicans are often acrimonious and sometimes lead to bloodshed. Foreigners who pioneer in attempting to acquire land in rural or disputed urban areas are looking for trouble in my view - even if they use local counsel.


jardinero viejo

Sep 5, 2004, 10:39 AM

Post #7 of 11 (538 views)

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Re: [Bubba] Is fideicomiso necessary with inmigrado status

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We recently went through the property purchase and fideicomiso process and it is still fresh in our mind. After a ton of research, including the MexConnect Forums, we went ahead with eyes full open.

We believe there is risk in Mexico either way - deeded vs. trust. The risk is just as you say - political, economic, or social issues could arise that would affect foreign-owned property. We finally decided that the risk is equal, no matter the form in which one holds the property.

But, we also feel that becuase the US and Mexico are so intertwined, problems of this sort are really unlikely. Mexico gains huge economic benefit from maintaining good relations with the US. First, because of the huge influx of $ being pumped from NOB to SOB by the workers NOB. Even though there are occasional outbursts of 'close the border', we feel there is no way this system is going to change anytime soon. Second, whenever wealthier folks set up house in an area, that area gains economic strength, all the way up the ladder from the housekeepers, to the land owners and ejiditeros, to the political big-wigs. Too many Mexican people would be hurt if the NOB/SOB connection is broken.

Socially, many more Mexicans have been exposed to US culture, both the good culture and the bad culture. This exposure comes first hand from Mexicans returning home after working in the US and by exposure to US tourists and ex-pats. We believe the Mexican people are very savvy at filtering the BS parts of our culture. These folks have generations of experience getting their social priorities correct. They have mastered the fact that family, friends, and the honest simplicity of life are much more valuable than money or fame. Because of all this, we don't think there will be social pressures to endanger property ownership. Mexican people may be very hesitant to accept an American into their fold, yes, but to seize property, no.

So that leaves politics. The economic benefits of good relations with foreign land owners should keep Mexico politics from affecting land ownership. The only BIG uncertainty is how the US will continue to be viewed in the eyes of other countries. If the US is seen as bullying, self-centered, and uncaring toward other people and the earth, we may have a problem. In the past, the US has come across as the 'good guys'. Lately, this has been less the case. We feel Mexico's political attitude toward the US people will depend on the direction of US politics ! So, we are keeping our fingers crossed.

Good luck with your decisions.....
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" To announce that there must be no criticism of the President, or that we are to stand by the President right or wrong, is not only unpatriotic and servile, but is morally treasonable to the public."
Theodore Roosevelt
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Esteban

Sep 5, 2004, 12:01 PM

Post #8 of 11 (517 views)

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Re: [jennifer rose] Is fideicomiso necessary with inmigrado status

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Is there any way to obtain true Mexican citizenship so you don't have to have a trust?


jennifer rose

Sep 5, 2004, 12:03 PM

Post #9 of 11 (518 views)

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Re: [Esteban] Naturalization

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Yes. See Nationalidad y Naturalizacion at http://www.sre.gob.mx/juridicos/#


Esteban

Sep 5, 2004, 12:32 PM

Post #10 of 11 (506 views)

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Re: [jennifer rose] Naturalization

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Thanks for the link. Have you ever heard of history lessons designed for those seeking citizenship? Just for others to know, you also have to prove that you speak Spanish,know the history of Mexico, have been integrated into the Mexican culture/society and have lived continuously in Mexico for a certain amount of time...plus a few other items.


Rolly


Sep 5, 2004, 1:02 PM

Post #11 of 11 (497 views)

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Re: [Esteban] Naturalization

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The requirements are very similar to the requirements for USA citizenship. I recently helped a friend study for his test using the INS study guide. I was embarrassed to find several questions I was not sure about. I guess it is not supposed to be easy.

Rolly Pirate

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