Three Different Ways to Hold Title in Mexico

The first two are legal, the third is not

 squidoo.com


Before you get to lie on the beach, there's still more leg work to do.

There are two ways to legally buy property in Mexico. There is a third way that was used in the past, before Mexico reformed its laws about foreigners owning property. It is illegal and doesn't protect your financial investment.

1. If you own property in the restricted zone, the property may be held in trust by a bank, with yourself listed as the main beneficiary. The restricted zone is 60 miles from any Mexican border and 30 miles from the coast. The rights of the trust state that you may do whatever you want to your property, just as though you were the titled owner. For more on trusts, scan down a few more modules.


2. Own property directly in your name as long as it's not in the restricted zone or ejido land. Many people live in beautiful inland cities such as San Miguel de Allende. You can title the property directly in your name, and you can also have a trust created for the property. When you own property in Mexico, you have all the rights as any other Mexican citizen. If you ask the American government to convene on your behalf for your property, the Mexican government can take the property away. It's written into their Reform Law. You can't own agriculture land, supposedly, but there are some exceptions made. Ejido land, by the way, is communal property owned by a type of commune. Some ejidos can now sell their property, but be sure to check with a lawyer to be sure.


3. The third way that people have bought property is called "prestanombre," or borrow-a-name. It is illegal. Many decades ago, before the real estate laws were reformed, the only way a foreigner could own property was to title it in a Mexican's name. The Mexican always honored the agreement, because they are gracious, accommodating people. The problem was that they started to catch on to the free gift, when the owner died. So the heirs lost out. Or the heirs had to fight in court to get their property or literally buy back the property from the prestanombre. Times have changed. Don't use a prestanombre no matter what.