We are prepare to help you on the following:
Don't complicate yourself, and let the expert handle it for you properly!
Our long-term experience dealing with all local banks makes our office capable of offering a professional and courteous in-expensive and prompt service.
WHAT IS A BANK TRUST?
A bank trust is an essential tool and a guarantee when you're buying property here in Mexico. If property is acquired in the so called ("Forbidden Zone", 100 Kms from the border and 50 Kms from the ocean), any foreigner acquiring such property must file for a 50 year bank trust in order to have peace of mind. This trust can be inherited, transferred, modified, etc. Outside of this zone, foreigners can own property outright.
The bank takes title of the property after an extensive title search to make sure there are no liens; in essence, bank gives you the right to use - enjoy (not owning outright) for the legal term of fifty years, with further extension of fifty year periods. In the past, bank trusts were offered for thirty year periods.
For the last forty three five years, we have maintained excellent connections/relations with all banks. If you need a name or telephone number to call, please let us know and we can provide more details. For those who are U.S. citizens and have Mexican parents, we have an Immigration Specialist who can change your status and file for a dual citizen ship, and by pass the need for a regular Bank Trust. This will allow you to obtain an "Escrituras" or outright permanent ownership.
DETAILS TO FILE A NEW OR EXISTING BANK TRUST: LEGAL REQUIREMENTS FOR TRANSFERRING AN EXISTING TRUST:
1) Address a "letter of instructions" signed by one of the owners, instructing your bank that you wish to transfer your property, describing his name, property location, etc.
2) The bank at the same time will instruct a local Notary of (your choice) to draw and proceed with a transfer.
3) You will need to show proof of the following documents:
A. Current appraisal.
B. Certificate free of encumbrances.
C. Certificate free of taxes.
D. Recording certificate from Public Records showing you are the current owner.
E. Depending on the appraised value, seller and buyer are liable to pay "Acquisition tax and "capital gains" taxes. However, if you can provide a utility bill under your name for at least two years, plus a Permenet Visa there will be a substantial reduction.
F. New buyer is liable to pay an "acquisition" tax, depending also on the current appraised value.
G. Notary's fees are set, depending on the current appraised value and not in the normal transaction price.
H. An FM-T (Tourist Visa) possibly fit the legal terms when buying, however, When selling, it is highly adviseable to show a "Permenet Visa" in order to save a bundle on Capital Gains.
A Tourist Visa is obtainable at any Tijuana or Otay border crossing on the Mexican side and is valid for six months and this is called a (Multiple entry visa or Tourist Visa). a current U.S. passport is required for this transaction. For your convenience, our office can offer this kind of service for a minimal fee.
ADDITIONAL BENEFITS: For those who are becoming new owners: If you have an official PERMANENT VISA and you want to bring all your personal household property, you may do so ONLY one time (inquire for details).
MORE BENEFITS: For those who are buying or selling, there is a requirement to meet the legal requirement to show for buyers: (An FMT) while for sellers ( A permanent visa) that will accommodate Notary's requirements while transferring/closing property. Unfortunatelly showing a Temporary will not offer such benefit.
BENEFIT TO REDUCE CAPITAL GAINS: When you become a new property owner and obtain your final Bank trust, it is highly recommended to immediately change the current name (s) in ALL utility bills. This will definitely help you minimize your "Capital Gains Taxes" when you decide to sell in the future, plus a "Permanent Visa".
Of course, you may do all these steps yourself or with the assistance of your Realtor, but if you want to save money, let us know at your earliest convenience. We are prepared to help you.