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Mexican Financing: Commonly Asked Questions, Title
  1. How do I hold title?
    Foreigners, in most cases, hold title with a "Bank Trust." It is fee simple and the only difference between holding title on most property in the States is that a bank holds the title. When lending for a first deed of trust, the lender holds the Bank Trust until the loan is repaid.
     
  2. Who makes sure my title is clear?
    The Notario is responsible for insuring the chain of title is clear. The Notario job pays very well and is a very prestigious position so most Notario’s are very thorough in their title exams. Once the exam had been completed, the Notario will issue a Libertad de Gravamen (Freedom of Liens). If you desire, you can purchase an owner's title policy that will cover errors in title with certain exceptions.
     
  3. Do I need title insurance?
    No, but most would recommend it as in the opinion of many there is little relief if the Notario were to make a mistake.
     
  4. Do I need a passport to own property in Mexico?
    Yes, you will need a valid US Passport.
     
  5. Is the property owned in a 99-year lease?
    No, the property is owned in a trust held by a Mexican bank owned by an American Corporation. 99 year leases are not legal in Mexico.
     
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