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rlvanfleet

Apr 29, 2004, 12:47 PM

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owning land

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my dad has immigrato status and wants to transfer some land to me but was told I need to have FM-2 status? the land is inland....any thoughts?



jennifer rose

Apr 29, 2004, 1:52 PM

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Re: [rlvanfleet] owning land

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I'd say your father is misinformed. FM-2 status is not a prerequisite to land ownership outside of those zones restricted by the Mexican Constitution.


rlvanfleet

Apr 29, 2004, 2:01 PM

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Re: [jennifer rose] owning land

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Thank you. You verified what I thought. This land is in Sayula, and is not developed. My dad is elderly and in very poor health, so he thought it would just be much easier if he put the land in my name. Do you know of any "prerequisites" I need to meet? Are there attorneys down in Mexico who specialize in real estate matters? My dad has been getting advise from a notary, who has convinced him that a notary actually has more knowledge in these matters than do most attorneys?


jennifer rose

Apr 29, 2004, 2:13 PM

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Re: [rlvanfleet] owning land

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A notario publico is an attorney who has been delegated quasi-judicial authority by the state, and by virtue of that office, is empowered to perform title searches, draft deeds and conveyances, handle probate matters, and certify documents, among other things. You will ultimately need a notario publico to handle the real estate transfer, so you can bypass hiring another attorney who isn't a notario publico.

A notario publico in Mexico is not the same as a notary public in the U.S.

As in all professions and walks of life, there are good notarios and there are bad ones.

As a foreigner, you will need to get a permit from the Mexican government authorizing you to acquire real property. Getting the permit is a no-brainer, and (don't quote me on this) costs about $300 USD, more or less. Perhaps that's the issue which was relayed to your father. You don't even have to be physically present in Mexico to get the permit. If I recall correctly, all you would need to supply is a copy of your US passport -- but ask first just to be sure.


(This post was edited by jennifer rose on Apr 29, 2004, 2:16 PM)


mkdutch

Apr 29, 2004, 9:20 PM

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Re: [jennifer rose] owning land

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If this will be the 2nd or more parcel of real estate you will own in Mexico, you might also consider having a Mexican will prepared for yourself, to assure any succession of your property to an heir will be handled as you wish.

This might also be an option for your father - so that the property could transfer directly to you without probate (or with minimal probate with minimal expense) upon his death. Your father would thus retain control over his property until that unfortunate event.

Would be interested in J.R.'s opinion on the total cost of this option as opposed to early direct conveyance.
 
 
 
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