Trust Rights in Mexico's Restricted Zones

Spoiler alert: MoXi will handle everything with over 200 years of cross-border experience!

Owning property in certain areas of Mexico can be a daunting prospect for foreigners, with restrictions often being imposed on foreign ownership.

Consequently, buying, selling or renting in these ‘restricted’ zones requires an understanding of trust rights and how they are applied.

Firstly, it is important to note that the Mexican Constitution as written does not allow for property purchases by foreigners in certain parts of the country known as Restricted Zones. Typically these zones are within a certain number of kilometers from either a border or coastline. Despite this restriction however, there are still options for those who wish to acquire property here.

One such option is establishing a trust agreement known as a Fideicomiso which allows for legal rights to the selected property. This Fideicomiso must be managed by an approved fiduciary that meets MoXi's stringent criteria when it comes to safety, security and longevity.

By doing so, full rights over the property are granted; allowing activities such as sale and ongoing improvements to take place lawfully. An amendment to the Mexican Constitution was made enabling this ownership structure, and for the past several decades, this is a very common and secure way for Foreigners to own property in these Restricted Zones.

In order to successfully navigate restricted zones in Mexico when purchasing property there, it is vital to be aware of not only local laws but also how best to utilize trust rights when executing transactions among them. It is also recommended that individuals make sure that both parties involved thoroughly review all related documentation before committing funds or signing off on any legal documents; The Mexican government has previously outlined various guidelines regarding land ownership specifically targeting foreign residents in order to protect their interests abroad. Careful consideration should always be taken whenever entering into such an agreement; engaging a skilled real estate attorney specializing in foreign property purchases, or a company like MoXi who exclusively serves the needs of foreign buyers and borrowers in Mexico, is an important step in protecting your interests.

A Fideicomiso is similar to a trust.

Most Fideicomisos in Mexico have a 50-year term which is easily extended or renewed upon expiration. And because a Fideicomiso is managed by a (reputable) fiduciary or bank and is recorded in a closing overseen by a government-registered Notario Publico, there is very little to worry about with respect to your continued, uninterrupted ownership. Fiduciary banks that manage Fideicomisos for foreign buyers/owners in Mexico typically collect a one-time setup fee and bill annually for trust management.

The setup and annual fees vary by Fiduciary, but most often range from $500 USD - $1,000 USD. When you sell your property, you’ll transfer your rights to that property to the new buyer and no longer be required to pay your Fiduciary annual fee.

MoXi collects your annual Fideicomiso renewal fee each month (taking the annual amount and dividing by 12) with your mortgage payment, and ensures that your renewal is paid on-time each year. All this taken into account should further ensure both you and your investments remain legally secure throughout its duration - granting peace of mind knowing that appropriate measures have been taken by all concerned parties during each stage of the process.

If you're a foreigner seeking to purchase property in a restricted zone, it's important to understand the process and your trust rights.

MoXi will handle this process and ensure that your interests are protected every step of the way.

Contact us today to learn more!