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The process of buying real estate in Mexico is similar to that in the United States and Canada.
A Notario is a lawyer whose position is similar to that of an American or Canadian judge, and NOT that of a notary public. A Notario in Mexico has legal training followed by difficult examinations and several years of apprenticeship. Some compare it to the bar and the CPA exams all in one. There are a small number of them in each State and that States’ Governor must appoint them.
Between the years 1517 and 1822 Spain held claim to the Mexican land. In 1822 Mexico declared independence from Spain but even so wealthy foreigners, the Church and the upper class Mexicans continued to lay claim to much of the land. Also during the 19th century, Mexico lost about 1/3 of their country to the U.S. Texas in 1845, and in 1848 the territory that became California, Nevada, Utah, most of Arizona, and parts of New Mexico, Colorado, and Wyoming were purchased for $15,000,000.
The first and foremost thing a buyer must consider is whether the seller of the property has legal title to the property, and if so, whether the property can be legally transferred An adequate title search of the property should be performed.
These title investigations should include a lien search of the property, subdivision approvals and permitted development licenses for the land, in addition to an extended search of the chain of title.
In 1972, the government of Mexico initiated a legal process of entitlement to protect foreigners known as the fideicomiso. Simply put the Mexican Government issues a permit to the federally chartered bank of your choice.
Beginning in 1993, the federal government of Mexico liberalized ownership provisions of all property within the constitutionally protected area known as the "prohibited zone".
Prospective buyers outside of Mexico's borders seeking to buy tourist developments such as housing, condominiums and time share projects, rustic, industrial or urban property can now enjoy greater legal freedom and ownership rights.
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