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A Fideicomiso is basiclly a Bank Trust that holds the title to property owned by
foriegners in Mexico. This trust is specifically designed for non-nationals to
own propery in formerly restricted areas of Mexico. The Fideicomiso is a legal
substitute for deeded (commonly referred to in the U.S. as fee simple)
ownership. The Trust system of ownership is sanctioned by the Mexican
government, provided for under the Mexican Constitution, and secured by the
Central Bank of Mexico; thereby offering powerful protection.
The Fideicomiso is set in 50-year increments guaranteed renewable for
perpetuity. The property can be improved, mortgaged, bought, sold, inherited &
willed. The Real Estate Fideicomiso can offered either through a Master Trust
or Individual Trust. The Fideicomiso offered through Playa de Oro is an
Individual Fideicomiso, the most secure form of Real Estate Fideicomiso
available because it is not tied to a master trust that could be comprimised by
registration of a lien for non-payment of taxes or default by the developer.
The individual Fedeicomiso provides the same legal rights and protection of
ownership as a Mexican national has under the law and bestows upon the
Beneficiary of the Trust absolute and irrevocable control over the property.
Following some preliminary paperwork, Title is delivered to one of the
authorized Mexican Banks, who acts as the Trustee and designating the buyer
(you) as the Beneficiary of the Trust. From then on the Bank acts as an
"employee" of the Beneficiary (you) in transactions involving the property. The
Beneficiary retains the use and control of the property and makes all the
investment decisions. It is your Trust and not the property of the
government or the Bank. Unless a problem occurs because of fraud or
misrepresentation, the Fideicomiso can not compromised. Playa de Oro goes one
step further to offer you security against such fraud and offers
Title Insurance from First
American Title to further secure your investment.
Under the North American Free Trade Agreement, NAFTA, Mexico may not directly,
or indirectly, expropriate property except for a public purpose. This is the
same as "Eminent Domain" in the U.S. Where it is necessary to expropriate land,
swift and fair market compensation must be paid, together with accrued
interest.
For more information on the Fedeicomiso check our FAQ's or contact
us and we will be pleased to answer all your questions.
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