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Author: Subject: Need Help! Have to sign legal documents in Mexico - FMM (FMT?)
DenverDano
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question.gif posted on 12-6-2013 at 10:32 AM
Need Help! Have to sign legal documents in Mexico - FMM (FMT?)


I am hoping that someone can help me with this. My father passed away and I have to go to Mexico to sign some legal documents involving some property that I have inherited. The attorney (Notary) told me that I needed a visa but there is a language barrier and I couldn't understand what type of visa I needed.

I then called my local Mexican consulate here in Denver and I was told that am FMM (tourist visa) should be all that I need. However, the person I spoke to seemed unsure and it took me over an hour to get someone on the phone.

If anyone here knows if an FMM (formally FMT) is all I need to sign legal documents in Mexico, please let me know. I have to fly out there soon and this is the last step in the process to get everything put into my name. Thanks!
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David K
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[*] posted on 12-6-2013 at 10:40 AM


No visa for US citizens to visit Mexico, just an FMM ('Tourist Card')... You need a passport for ID. If in Mexico over 7 days, the FMM costs about $23US, less time it is free.



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[*] posted on 12-6-2013 at 10:40 AM
FMM


I believe that you will need an FMM to have 'legal" status while you are in Mexico. Further, if you do not have "legal" status to sign documents, the documents may not be valid.

[Edited on 12-6-2013 by bajaguy]




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David K
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[*] posted on 12-6-2013 at 10:42 AM


PS, sorry for the loss of your father... If we can be of further assistance, just ask... Nomads come through when times are tough!

The FMM is obtained at the border INM office if you are driving or walking across.




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DenverDano
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[*] posted on 12-6-2013 at 10:43 AM


Quote:
Originally posted by bajaguy
I believe that you will need an FMM to have 'legal" status while you are in Mexico.


OK, so hopefully thats the answer. I just need to sign legal documents to get the property put into my name. Thank you very much for the reply. I am worried as I have the communication issue with the attorney and I dont want to show up and be told that I have the wrong visa.
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DenverDano
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[*] posted on 12-6-2013 at 10:44 AM


Quote:
Originally posted by David K
PS, sorry for the loss of your father... If we can be of further assistance, just ask... Nomads come through when times are tough!

The FMM is obtained at the border INM office if you are driving or walking across.


Thank you very much. :)
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bajaguy
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[*] posted on 12-6-2013 at 11:08 AM


Non-residents can buy property or sign contracts with an FMM so you "should" be OK



Quote:
Originally posted by DenverDano
Quote:
Originally posted by bajaguy
I believe that you will need an FMM to have 'legal" status while you are in Mexico.


OK, so hopefully thats the answer. I just need to sign legal documents to get the property put into my name. Thank you very much for the reply. I am worried as I have the communication issue with the attorney and I dont want to show up and be told that I have the wrong visa.




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DenverDano
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[*] posted on 12-6-2013 at 11:10 AM


Thank you! I just spoke to a real estate agent in Mexico that said he thought that as well. I will be good to go then, I will just stop at the border in TJ when crossing and get my FMM right there. Perfect, thanks to all of you very much!
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DENNIS
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[*] posted on 12-6-2013 at 11:11 AM


There is a good chance the Notario is referring to something more involved than "tourist" documentation since you, being a new property owner, will no longer be considered a tourist.
It seems you've been tossed between the rock and the hard place and need further clarification from the Notario.


Sorry for your loss, and best of luck on the outcome.




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[*] posted on 12-6-2013 at 11:51 AM


One option would be to obtain an FMM document and where it asks "Type of trip" you could check "Business".

We were given these instructions by our attorney several years ago when there was a possibility we'd have to come down to appear in court. This was before we became Mex residents and were still entering the country (and owning property) using tourist cards (FMTs). He said for that one trip we should call it "Business" rather than "Tourist" on the FMM.

But for our first 3 properties and fideicomisos, the Notarios accepted our current "tourist" FMTs as proof that we'd entered the country legally to finalize the paperwork so I think as long as you get the FMM, you should be fine.
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[*] posted on 12-6-2013 at 11:54 AM


Quote:
Originally posted by oladulce
One option would be to obtain an FMM document and where it asks "Type of trip" you could check "Business".

We were given these instructions by our attorney several years ago when there was a possibility we'd have to come down to appear in court. This was before we became Mex residents and were still entering the country (and owning property) using tourist cards (FMTs). He said for that one trip we should call it "Business" rather than "Tourist" on the FMM.

But for our first 3 properties and fideicomisos, the Notarios accepted our current "tourist" FMTs as proof that we'd entered the country legally to finalize the paperwork so I think as long as you get the FMM, you should be fine.


Thank you very much. I will make sure that I mark my trip as "business". :)
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DenverDano
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[*] posted on 12-6-2013 at 11:54 AM


Quote:
Originally posted by DENNIS
There is a good chance the Notario is referring to something more involved than "tourist" documentation since you, being a new property owner, will no longer be considered a tourist.
It seems you've been tossed between the rock and the hard place and need further clarification from the Notario.


Sorry for your loss, and best of luck on the outcome.


Thank you
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[*] posted on 12-6-2013 at 12:11 PM


Quote:
Originally posted by DENNIS
There is a good chance the Notario is referring to something more involved than "tourist" documentation since you, being a new property owner, will no longer be considered a tourist.
It seems you've been tossed between the rock and the hard place and need further clarification from the Notario.


Sorry for your loss, and best of luck on the outcome.


Dennis, I believe that when it was an FM-T, that it was only for 'tourist activities' (vacationing, no property could be left behind in Mexico). Since it was changed to an 'FMM' a couple years ago, it is now a 'multi-use' permit that allows tourists to make a purchase BEFORE they obtain the correct FM-3 or other visa when they convert from a tourist to being a 'part-time resident with property left in Mexico.

A tourist (after all) is someone who visits someplace on a vacation for a limited part of the year. A part time resident is someone who returns to the same property where they have leased or bought. No doubt there are MANY people who have bought, leased, or left property in Mexico and never made the effort to get the correct visa. I think these folks know their legal rights to keep their property are diminished without doing the correct paperwork with the government.




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[*] posted on 12-6-2013 at 12:36 PM


Quote:
Originally posted by David K


Dennis, I believe that when it was an FM-T, that it was only for 'tourist activities' (vacationing, no property could be left behind in Mexico). Since it was changed to an 'FMM' a couple years ago, it is now a 'multi-use' permit that allows tourists to make a purchase BEFORE they obtain the correct FM-3 or other visa when they convert from a tourist to being a 'part-time resident with property left in Mexico.




OK...I know what you mean, but I just haven't seen it carved in stone as such.
Can you show me? I'm just curious. Thanks, David.




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[*] posted on 12-6-2013 at 12:39 PM


DenverDano........I hope you'll come back here and give us the outcome of your question. It may be of use in the future [not that anything stays the same for long around here].



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[*] posted on 12-6-2013 at 12:40 PM


Quote:
Originally posted by DENNIS
DenverDano........I hope you'll come back here and give us the outcome of your question. It may be of use in the future [not that anything stays the same for long around here].


I will for sure. :)
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[*] posted on 12-6-2013 at 12:56 PM


DenverDano -

Sorry to hear about your Dad.

I can only add that I have just finished up a Fideicomiso last month using an FMM I obtained on my flight to Cabo. It didn't raise an eyebrow from the Bank or the Notario.

As a gringo who's spanish doesn't get too much past "donde esta los banjos" I can say this process would not have been possible without the help of a person who is a native speaker and is very familiar with the process. If you feel comfortable telling the group where you are heading maybe we/us/them can make a recommendation for a person in the area you could bring along to help with the process. The person I used was recommended to me by others and while I did pay for their time she and her husband have since become friends.

Buena fortuna




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David K
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[*] posted on 12-6-2013 at 01:03 PM


Quote:
Originally posted by DENNIS
Quote:
Originally posted by David K


Dennis, I believe that when it was an FM-T, that it was only for 'tourist activities' (vacationing, no property could be left behind in Mexico). Since it was changed to an 'FMM' a couple years ago, it is now a 'multi-use' permit that allows tourists to make a purchase BEFORE they obtain the correct FM-3 or other visa when they convert from a tourist to being a 'part-time resident with property left in Mexico.




OK...I know what you mean, but I just haven't seen it carved in stone as such.
Can you show me? I'm just curious. Thanks, David.


I wish! There hasn't been a thing on a Federal site or Federal paper posted that gives specifics on the FMM as it applies to the peninsula. Baja California has special rules being that it is almost an island and so closely associated to the U.S. state of California.

The main question is to verify if the past published rules have changed:
How long can you stay in the 'Border Zone' without a tourist card (used to be 72 hours)?
Where is the southern limit of the 'Border Zone' (used to be Maneadero and San Felipe)?

When the INM checkpoint was closed at Maneadero and reopened at Guerrero Negro (state border), it would seem to be the entire northern state of Baja California was now in the 'Border Zone' and state tourism people even said so on Baja Talk Radio... but if you were staying longer than 72 hours you still needed one, and up to 7 days it is free. The problem is that state officials do not have anything to do with INM rules and they can say anything to promote travel to Baja California. Even the San Felipe corredor being in the zone is suspect, as I have seen Mexicali as being the limit, in print.




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[*] posted on 12-6-2013 at 01:29 PM


Quote:
Originally posted by BajaUtah

I can only add that I have just finished up a Fideicomiso last month using an FMM I obtained on my flight to Cabo. It didn't raise an eyebrow from the Bank or the Notario.



Hope your assessment is correct although, judging from what I've seen happen here, dealing with probate in Mexico is a whole different can of worms than dealing with a Fideicomiso.

We'll see. :light:


oooops...forgot my manners:

Welcome to BajaNomad.




.

[Edited on 12-6-2013 by DENNIS]




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[*] posted on 12-6-2013 at 04:23 PM


Welcome to the forum Dano...I highly recommend taking a translator with you for this transaction. Where do you have to sign the papers? If you wish, you can U2U...private message me...it's up in the right corner by the Log in thingy. I ask because perhaps we can suggest someone for you depending on where you are going.



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