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Cindy Trautwein

Stewart Title Insurance - MEXICO




Stewart Title Guaranty de Mexico

Acquiring Property in Mexico

Insurance policies for property ownership are sold in Mexico to Mexican nationals and companies, as well as to foreign buyers of Mexican land. With more than 110 years of experience in the title insurance industry and a decade of international title policy issuance, Stewart has the expertise and the technology to provide a cost-effective, timely solution for protecting your investment in Mexico

All types of property can be insured
- residential, commercial and industrial-
regardless of geographic location.

In 1994, Mexico liberalized property ownership provisions within the restricted zone - 100 kilometers along natural borders and 50 kilometers along coastlines and Baja California. But buying property in Mexico is not like buying in the United States. Buyers must learn the law, procedures and risks.


Stewart's six principles help buyers avoid risks.

  1. Determine if the seller has legal ownership of the property and if it can be transferred legally.

  2. Hire Mexican counsel or a title insurance company to search the ownership status back to the sovereign.
  3. Have your legal counsel review the buy/sell agreement, which usually determines the transaction's terms and conditions.
  4. Arrange for a title company to handle the escrow of funds.
  5. Obtain a property ownership insurance policy to protect against recording errors, liens, encroachments, taxes, fraud, misrepresentation and other ownership issues.
  6. If the property is a condominium, examine the documents creating the condominium regime (the refimen de condominio and the like), which defines the owners' rights, obligations and restrictions.

Several laws have clarified the provisions for owning real estate in Mexico.

Certain limits apply; natural and naturalized Mexican citizens and Mexican corporations may own land, and ownership carries surface rights only.

Non-Mexican investors may own property in the interior of Mexico, with some restrictions, after refistering with the Secretariat of Foreign Relations and meeting other requirements.

Foreign buyers of any real estate in the restricted zone acquire ownership in either a Mexican corporation for commercial properties of in a Mexican bank trust (fideicomiso) for residential acquisitions.


Title Insurance


 

Title Insurance

Purchasers of Mexican real property can now receive Owner's Policies of Title Insurance that can be issued on both sides of the border from various companies to both U.S. and Mexican buyers. Most title insurance policies today are U.S. contracts of indemnity guaranteeing ownership rights as vested in a fideicomiso (bank trust) for residential property acquired by foreign buyers in the prohibited zone, or for properties held in a Mexican corporation for non-residential purposes (i.e. industrial and commercial). Mexico is not unlike the U.S. in that there is a definitive legal framework for ownership of land by foreigners known as the New Foreign Investment Law (Dec. 28, 1993) and as mandated under Article 27 of the Mexican Constitution. In addition, there is formality and compliance in the development of real property. Regulatory statutes and procedures are mandated on a state-by-state basis and require a series of official approvals, permits, and authorizations, coupled with public disclosure and written notification by the governing public agency.

American title Insurance is available for Mexican real estate whether acquired directly or through a trust. The cost of the insurance depends on whether the property you are purchasing is covered by a master title commitment. The best way to protect yourself is to get title insurance. Most Mexican companies don't sell it, but Houston based Stewart title Guaranty, Lawyer's Title, and Fidelity National Financial does. The insurance runs about $4 to $7 for every $1,000 of property value, versus $3 to $4 in most of the U.S. In addition to title insurance, property insurance is also available in Mexico and the rates are relatively low.

 
 
Title Insurance

One of the most important aspects of protecting a real estate investment is making sure the title to the property is in proper order.  Real estate purchases are different from most types of purchases.  Instead of purchasing a physical object like a boat or a car, you are purchasing a group of rights, called the title to the property.  These rights can be limited by rights and claims asserted by others.  A title insurance policy protects your rights. 

                                                                        What does a title policy provide?

  • Payment of legal expenses to defend an insured title from claims*
  • Payment of valid claims up to the value of the policy *
  • Thorough investigation of the title prior to issuance of title policy


Covered title risks include*:

  • Invalid documents executed under expired/non-existent power
  • False assumption of identity concerning the legitimate property owner
  • Liens and financial burdens charged to the previous property owner
  • Non registered property easements
  • Hidden heirs of previous property owners

Peace of mind

A title guaranty is purchased for a one-time fee and once acquired, protects the policy holder as long as there is an interest in the property.  

 

 


What Stewart Title Does for YOU!


Welcome! We are pleased you have the interest in obtaining Stewart Title Riviera Maya’s services. We look forward to working with you and assisting in any way possible with the closing of your transaction, so that you may begin to enjoy Riviera Maya as often as you wish.

 

There are several documents and steps involved to effectuate a proper closing, which are explained hereunder, and are offered to assure a smooth transaction. In consideration of the foregoing, the present letter is divided into the following sections:

Recorded Document Search

 

This service provides trustworthy information of the current legal standings of the property in question, providing you with valuable information in order for you to make fast decision on the purchase. The information provided, would be among others: Current Public Deeds Recorded, Name of current owner, the existence of Liens and/or Mortgages, among others.

 

In order to provide this service, please be so kind to follow these simple steps:

 

a.       Review, Fill and Sign the Recorded Document Search application form enclosed to this letter, and

 

b.      Return via fax or e-mail the Recorded Document Search application Form  accompanied by a  copy of property title, copy of your official Identification.

Escrow

 

Escrow is a fund administration agreement for a real estate transaction in charge of an impartial third party, who shall disburse such funds according to the instructions previously agreed by the parties and delivered in writing to the Escrow Agent.

 

In order to provide this service, please be so kind to follow these simple steps:

 

a.       Review, fill and sign the Escrow Agreement enclosed to this letter,

 

b.      Return via fax or e-mail the Escrow Agreement accompanied by copy of the official Identifications of the parties and the disbursement instruction letter referred to in the Escrow Agreement, and

 

c.       Deposit the amount to be held in Escrow in the account mentioned at the end of this letter.

Closing Coordination

 

The purpose of this service is to provide you with the necessary assistance to coordinate the closing of your real estate transaction, creating & reviewing any legal documents, bringing together the individuals involved in such transaction and guiding you through your purchase in México.

 

Moreover, we are able to assist you from beginning to end, providing pre, during and post closing assistance, until we deliver in your hands the Title by which you are recognized as the owner of the property in question.

 

In order to provide this service, please be so kind to follow these simple steps:

 

a.       Review, fill out and sign the Closing Coordination Application Form enclosed to this letter.

 

b.      Return via fax or e-mail the Closing Coordination Application Form accompanied by: i) Copy of your official Identification, ii) Copy of your proof of address and iii) Copy of the title to be transferred.

Title Insurance

 

Title Insurance is an agreement of indemnity protecting against losses or damages arising from a defect in title to real property, subject to the terms and conditions contained in the Insurance Policy. It’s important to mention, that the insurable amount is or will be the Purchase Price reflected in the deed by which the property is transferred.

 

In order to provide this service, please be so kind to follow these simple steps:

 

a.       Review, fill out and sign the Application Form for Title Insurance enclosed to this letter.

 

b.      Return via fax or e-mail the Application Form for Title Insurance accompanied by: i) Copy of your official Identification, and ii) Copy of the title to be transferred.

 

Once the above steps are fulfilled, STRM will begin with Title Research. At the completion of the same, a Title Commitment Letter will be issued, preliminary document to the issuance of the policy, in which the beneficiary of the Insurance Policy is informed of the terms, conditions and, if applicable, exceptions that such document will contain.

 

Finally, once STRM receives: i) Transfer deed duly recorded in the Public Registry, ii) Premium of the Title Insurance Policy and iii) Certificate of No Liens, stating the name of the new property owner, the correspondent policy will be issued.

Mortgage Services

 

Stewart Title has entered into agreements with worldwide known financial institutions. Therefore STRM is in the position of coordinating the obtainment of financing for American, Canadian and British residents wishing to buy a second home in Mexico, at similar interest rates to the ones offered in the U.S. Please let us know if you require additional information in this regard.

Fees

 

The fee to be paid in virtue of granting the above mentioned services will be calculated based on the purchase price of the real estate transaction, and shall be paid in the following manner:

 

1.      A down payment, that will be destined by STRM to cover Title Research expenses, creation and revision of legal documents, therefore such amount is non refundable and,

 

2.      The balance, at the closing of the real estate transaction.

 

In addition, any payment or deposit must to be made in the following account:

 

Comerica Bank

2015 Manhattan Beach Blvd.

Redondo Beach, CA 90278-1205

Federal Routing Number: 111000753

SWIFT: MNBDUS33

Account Name: Stewart Title Riviera Maya

Account Number: 1881066854

 

In order to verify any deposits, we kindly request that you deliver wire transfer confirmations.

 

 

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