Fideicomiso (Bank Trust) – Secure Property Ownership for Foreign Buyers
Foreigners looking to buy property in Mexico — especially within the restricted zones (within 50 km of the coast or 100 km of international borders) — must use a fideicomiso, a Mexican bank trust, to hold title to residential real estate.
MexLaw’s real estate team can guide you through every step of this process, ensuring your ownership rights are protected under Mexican law.
What is a Fideicomiso?
A fideicomiso is a bank trust authorized by the Mexican Ministry of Foreign Affairs that allows a foreign individual to acquire and hold property in restricted areas. A Mexican bank acts as the trustee, holding the title on your behalf while you retain all of the benefits and rights of ownership.
Key Benefits of Buying Through a Fideicomiso
✓ Full Legal Rights: As the beneficiary, you can use, lease, improve, rent, mortgage, or sell the property — just like a direct owner.
✓ Estate Planning & Inheritance: You can designate substitute beneficiaries who automatically inherit the property upon your passing, bypassing lengthy Mexican probate processes.
✓ Security & Discretion: The trust protects your rights even in rare cases such as bank insolvency, and the property is recorded with a trust number in the Public Registry, offering added privacy.
✓ Renewable 50-Year Term: Fideicomisos are established for an initial 50-year period and can be renewed indefinitely.
Coordinate the trust
setup with a Mexican bank and secure the required permit from Mexican authorities.
Ensure compliance
with Mexican real estate regulations at all stages of the purchase.
Work closely
with your Notario Público and transaction partners so that the trust and closing proceed smoothly and securely.
Explain
all legal obligations and costs, including annual trust maintenance fees and notary closing expenses.
How MexLaw Assists With Your Fideicomiso
Our real estate legal team will:
