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These are some of the questions most frequently asked by those interested in
purchasing Real Estate in Mexico. We have done our best to provide accurate
answers to these questions.
Please feel free to contact us if you
have any questions not answered here .
CAN A FOREIGNER REALLY OWN PROPERTY IN MEXICO?
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Yes! Over 600,000 already do throughout Mexico and since the change in the
Foreign Investment Law in December 1993, foreigners can now own land in the
formerly restricted zones - within 30 miles of the beach and 50 miles of the
border - through a Fideicomiso. If you do not
have a Fideicomiso through an
authorized Bank then you have, at best, a lease.
Beware: Any form of "ownership", other than a Fideicomiso, such as share
of a corporation, squatters (yes, you can even get hit up for this!), owning
with a Mexican national partner, or any other gimmick is not legal and is
trying to circumvent the law!
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DO MEXICAN BUYERS/SELLERS HAVE SPECIAL DISPENSATION UNDER THE LAW?
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Mexican developers do not have any special dispensation under the law.
Whether Mexican or American owned, each development must complete the
subdivision process and the only way to sell property to non-nationals is
through a Fideicomiso.
Mexican nationals own property Deeded but even they cannot own in a subdivision
unless the development is properly documented and subdivided. Whether one lot
or a thousand lots, in the eyes of the government whenever a parcel is
"sub-divided" it must go through the subdivision process.
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DOES IT MATTER WHAT BANK HOLDS MY FIDEICOMISO?
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In 1997, Mexico changed its Banking system and subscribed to the International
Banking Standards. Currently, there is only one Mexican owned Bank left. The
rest are owned by different international Banks, including
Citi Bank and Chase
Manhattan.
There are specific Banks authorized by the Mexican government to hold the Real
Estate Fideicomiso. Authorized Banks must pass extreme scrutiny. Playa de Oro
uses BITAL Bank. You, however, have the right to transfer the Fideicomiso to
any authorized Bank of your choice.
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WHAT HAPPENS IF THE BANK HOLDING MY FIDEICOMISO FAILS OR IS SOLD?
HOW DO I GET TO SAN FELIPE AND PLAYA DE ORO?
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The following tips from Playa de Oro's developers are intended solely to assist
in finding your way and are not meant to be an endorsement or advertisement of
any kind. This is not a guarantee for crossing the border into or out of
Mexico. We provide this information from our own experiences because we believe
that by knowing what to expect the journey will be more relaxed and the
experience enjoyed.
Driving?
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It is approximately 240 miles from San Diego to Playa de Oro and takes
approximately 4 1/2 hours. To get here from Southern California take Interstate
8 to approximately 9 miles East of El Centro, California. Take Highway 111 exit
south to Calexico straight to the border crossing into Mexicali. Follow the
signs through Mexicali south to San Felipe on Highway 5.
Or, continue another five miles East to the new crossing at Otay. However, this
port is only open until 10 p.m.. Traffic is usually much lighter and parking
much easier at the Otay crossing but the route is not as well marked to reach
Highway 5 - the trick is to make sure you keep going south. When you leave the
industrial/rural area and you find yourself on the one-way with the border
fence on your right then turn back south or you will end up at the Calexico
border crossing.
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Visas and tourist cards are available at both crossings.
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Playa de Oro is 6 ½ miles north of San Felipe at km #179 1/2 on Mexicali Highway
5. Driving distances from other areas to Play de Oro: Los Angeles - 350 miles
Yuma - 182 miles Phoenix - 379 miles It is paved highway all the way from
Mexicali to San Felipe, at least 20% of the way is a 4 lane highway.
Should you encounter car trouble along the way, DO NOT leave your
vehicle. The "Green Angeles" (Angelo Tourista) travel the 100+ miles between
Mexicali and San Felipe continually. Their sole purpose is to help anyone
stranded along the way and make sure that you and your vehicle reach an
appropriate facility safely. The vehicles are green - thus dubbed "THE GREEN
ANGELS." Because you never know when problems can arise, we recommend having
plenty of bottled water in your vehicle - the desert can get very hot and
thirsty!
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Note: There maybe military checkpoints along the way!
Though much less sophisticated, these check points serve much the same purpose
as the California and Arizona state border crossings. Expect to see soldiers
carrying guns and milling around. Their questions will include, "Where are you
going? ""Where did you come from?" "Do you have any guns or drugs?" They may
ask to look inside your trunk or RV, suitcases and glove box. At night, turn on
your interior lights.
While this can be intimidating, the important thing to remember is that it is a
routine procedure and they are there to protect all of us. Check points are a
part of an agreement and joint effort between the United States and Mexico to
get tougher on drugs.
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Flying?
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El Centro, CA has several convenient flights and is just two- hours north of
Playa De Oro. Yuma and San Diego are also well-located for great access to the
Baja. Rental cars are available with reservations. Be sure to get the rental
car company's Mexican insurance. A small international airport 12 km south of
San Felipe is accessible by paved road. While it does not as yet service
commercial flights it does accommodate private and charter aircraft. The
airport also has the following infrastructure: runway, control tower, fuel,
terminal, customs and inspection area, parking and taxi service. The tower
frequency is: 118.5 SFE You can clear customs at the airport.
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A few words to the wise:
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Whatever you do, do not attempt to take any type of illegal drugs or drug
paraphernalia into Mexico.
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Do not transport guns or ammunition.
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Do not carry any packages that you do not know the contents of or given to you
by strangers.
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Know who your passengers are and what they are carrying.
Whether male or female, young or old, gun and drug runners and anyone associated
with them are dealt with very harshly in Mexico. There is no immunity or help
from the US Embassy and the Mexican jails are not a pretty picture.
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DO I NEED MEXICAN AUTO INSURANCE?
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You may wish to purchase Mexican auto insurance in Calexico, if you have not
already done so by the time you reach the border. It is about $12 a day or may
be purchased substantially less on a monthly, semi-annual or annual policy. You
may also purchase auto insurance from the web as long as the car is in the USA.
If you are driving a rental car, you must purchase Mexican Auto Insurance
through your rental car agency at the time you rent the car. (Not all rental
agencies allow vehicles to be driven into Mexico and their policy can change
city to city. We have found that at the El Centro, San Diego, Yuma Airports,
Enterprise, Dollar and Avis do allow their cars into Mexico and sell Mexican
Auto Insurance.)
You can also buy Mexican Auto Insurance here in San Felipe.
Note: Mexico does not accept or recognize American auto insurance even if
the American insurance company states it is valid in Mexico. Should an accident
occur while driving in Mexico, the authorities will require proof of Mexican
auto insurance. If you do not have Mexican insurance you may forfeit your
vehicle, face huge fines, and be privileged to see the inside of a Mexican
jail. (This is not to scare you, it's the law - just like having valid auto
insurance in the U.S. is the law there also - Mexico is just a little stricter,
in most cases).
Remember, it is illegal to drive in Mexico without Mexican Auto
Insurance.
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WHAT CURRENCY IS BEST TO USE IN MEXICO?
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Most restaurants, hotels, gas stations, etc., will print the amount due in both
U.S. dollars and pesos and you can pay with either one. Merchants' prices are
usually displayed in pesos. It's a good idea to carry your U.S. currency in
smaller denominations. Often you will save money by paying in pesos so we
recommend carrying both currencies. You can change money in Calexico or
Mexicali at very reasonable rates.
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WHAT DOCUMENTS DO I NEED?
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A Mexican tourist card is necessary as Playa de Oro is located more than 70
miles south of the border.Getting a tourist card is an easy process.
In Mexicali, stop at the Oficina de Federal building marked Migracion or Aduana
located just left of the border gates. Parking may be a little difficult but
street parking is available and double parking somewhat acceptable.
At the Otay crossing, ample parking is available just past the Port of Entry
where Immigration is housed. Once you have filled out the simple paperwork at
Immigration, you will have to pay a fee of approximately $16 U.S. at a local
bank (located close to Immigration), have the form stamped then bring it back
to Immigration for the final documentation. At Otay, just past the port entry
is a row of offices (similar to an American Strip Mall). A bank is housed in
one of the far units. This process takes about ½ hour and is quite interesting.
Tourist Visas are also available in San Felipe week days. US-born citizens will
need one of the following proof-of-citizenship documents:
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A valid U.S. passport;
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A birth certificate issued by a federal, state, county or city governments
agency in whose jurisdiction you were born.
A photocopy is not acceptable unless the issuing authority has certified it.
Also not acceptable are such documents as a Record of Birth, Baptismal
Certificate, etc. issued by hospitals and churches. Naturalized US citizens
will need one of the following:
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A valid U.S. passport;
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The original Certificate of Naturalization or Certificate of Citizenship.
(Photocopies, notarized or not, are not acceptable. Neither are wallet-sized
naturalization cards - Form 1-179 or other similar documents.)
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Single parents traveling with a minor child will need to have a notarized
letter from the absent parent giving permission to the minor to enter Mexico.
Canadians and other non-nationals need the equivalent identifications.
Once property has been purchased in Mexico a FM3 (Resident Visa) will become
necessary. Playa de Oro will provide information on what is needed to get the
FM3. It is a simple procedure, much like applying for a passport in the U.S.
Your ownership at Playa de Oro is the only necessary requirement of investment
for a FM3.
You may hear a $1,500 deposit in a local bank is required. It may be advisable
to open a Mexican checking account for your own convenience but it is not a
requirement when you actually own property, which you do in Playa de Oro.
Leaseholders and membership holders must open a checking account to prove
investment in Mexico because a lease or membership is not considered an
investment by the government. This investment requirement is to prove that you
will not become indigent and turn to the government for assistance or support.
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