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Lee
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Quote: Originally posted by HeyMulegeScott  | | Quote: Originally posted by gnukid |
The vast majority of sales in Baja begin as Ejido sales, person to person with no agents, which can be far more secure form of buying than any other
option in Baja. Depending on the type of parcel, uso comun is disputable, Ejido Parcels are not disputable and are protected at a super federal level.
Research Ejido properties to learn more.
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This sound like horrible advice. |
Not bad advice at all.
If you follow the ''chain of title'' for the past 25 years, at least in the Todos area, Ejido owned the land and if you were a buyer, you dealt with
the Seller, the Ejido. Didn't mean you wouldn't need a Notario.
For Buyers who didn't know MX real estate, a local real estate agent could be helpful.
A risky proposition in the 90s, in the Todos area, was Buyers buying from Ejido, who didn't have title. Property was sold on the promise that when
Title came in, it would be transferred to the new Owner.
US Marines: providing enemies of America an opportunity to die for their country since 1775.
What I say before any important decision.
F*ck it.
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Marty Mateo
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W.T.F. , might be time to leave Mexico with that kind of attitude
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gnukid
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| Quote: Originally posted by HeyMulegeScott | | Quote: Originally posted by gnukid |
The vast majority of sales in Baja begin as Ejido sales, person to person with no agents, which can be far more secure form of buying than any other
option in Baja. Depending on the type of parcel, uso comun is disputable, Ejido Parcels are not disputable and are protected at a super federal level.
Research Ejido properties to learn more.
More so, introducing an agent, notario and lawyer increases costs exponentially and potential for errors. I review RE paperwork in Baja for friends
and associates and those generated by agents and lawyers have significant errors, worse, they could care less and resolving later is costly.
The vast majority of RE agents in Baja have no specific knowledge or experience in the actual process, they never go to la Paz or any municipal
office, they just insert themselves among friends and associates hoping to double end % a deal, meaning they have no possibility of fiduciary
responsibility and provide no value while increasing costs and risks.
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This sound like horrible advice. |
This is not advise, its' a statement of fact, the vast majority of real estate sales %80+ in BCS are ejido constancia parcel person to person. Not
titled. Constancia Parcel is far more secure than titled property through notario with fidicomiso. Everyone should make their own decision based on
their own desires, interests, experience and situation. Fidicomiso is a nightmare and makes no sense.
[Edited on 12-28-2022 by gnukid]
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mtgoat666
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Well, it’s a very true statement regarding the more populated areas. The only place you can leave valuables unattended is in the rural sticks and
tiniest villages.
If you live in La Paz or Rosarito or Ensenada, you should build a wall, lock the gate, and put a chastity belt on your boyfriend!
Woke!
“...ask not what your country can do for you – ask what you can do for your country.” “My fellow citizens of the world: ask not what America
will do for you, but what together we can do for the freedom of man.”
Prefered gender pronoun: the royal we
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HeyMulegeScott
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| Quote: Originally posted by gnukid | | Quote: Originally posted by HeyMulegeScott | | Quote: Originally posted by gnukid |
The vast majority of sales in Baja begin as Ejido sales, person to person with no agents, which can be far more secure form of buying than any other
option in Baja. Depending on the type of parcel, uso comun is disputable, Ejido Parcels are not disputable and are protected at a super federal level.
Research Ejido properties to learn more.
More so, introducing an agent, notario and lawyer increases costs exponentially and potential for errors. I review RE paperwork in Baja for friends
and associates and those generated by agents and lawyers have significant errors, worse, they could care less and resolving later is costly.
The vast majority of RE agents in Baja have no specific knowledge or experience in the actual process, they never go to la Paz or any municipal
office, they just insert themselves among friends and associates hoping to double end % a deal, meaning they have no possibility of fiduciary
responsibility and provide no value while increasing costs and risks.
|
This sound like horrible advice. |
This is not advise, its' a statement of fact, the vast majority of real estate sales %80+ in BCS are ejido constancia parcel person to person. Not
titled. Constancia Parcel is far more secure than titled property through notario with fidicomiso. Everyone should make their own decision based on
their own desires, interests, experience and situation. Fidicomiso is a nightmare and makes no sense.
[Edited on 12-28-2022 by gnukid] |
This sounds like BS if you talking about foreigners purchasing property but go ahead and provide some links to your facts.
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PaulW
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What Gnukid said regarding how Ejido property is sold is correct.
If one is a person that is not part of the ejido and buys property from the ejido there is a process where a non ejido property owner can register the
property with the state authorities to result in a degree of property protection. I doubt that doing this is a DIY process and help would be needed.
I guess that registration would be similar to the protection one gets from a title search and property registration for non ejido purchase?
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BajaTed
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There are NO guarantees whom your dealing with from an Ejido is who they say they are and they have the responsibility, authority or accountability
they say they do.
A fideocomiso eliminates that scenario.
End goal is to have your name in the Publico Notario book of record. All those third person's main goal is to prevent you from doing so or thinking
you need to check. If you don't see that once in your life, then you are now part of Baja lore;
A fool and his money.
Es Todo Bueno
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HeyMulegeScott
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| Quote: Originally posted by PaulW | What Gnukid said regarding how Ejido property is sold is correct.
If one is a person that is not part of the ejido and buys property from the ejido there is a process where a non ejido property owner can register the
property with the state authorities to result in a degree of property protection. I doubt that doing this is a DIY process and help would be needed.
I guess that registration would be similar to the protection one gets from a title search and property registration for non ejido purchase?
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The Mexican Constitution prohibits foreign individuals from owning land within 50 kilometers of the coast. https://consulmex.sre.gob.mx/reinounido/index.php/en/servici...
"Foreign individuals or companies and Mexican companies 100% owned by foreigners may purchase of real estate for residential purposes within this
"restricted zone" has to be through a trust fund for fifty years. In this kind of trust fund the bank will retain the property title but the foreigner
is the beneficiary and may use and enjoy such premises and may sell or even inherit the rights to it. However, all operations regarding the property
must be notified and approved by the bank."
[Edited on 12-30-2022 by HeyMulegeScott]
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surabi
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"Fidicomiso is a nightmare and makes no sense."
I've had a Fideicomiso for 19 years and there has been no "nightmare". You guys go ahead and "buy" Ejido land that you have no actual legal paperwork
for that would stand up in court if that's what turns your crank.
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pacificobob
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18 year fido....zero issues.
Combine that with rapid appreciation, I'm pleased with the purchase.
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Udo
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Mood: TEQUILA!
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I also had a Fideicomiso in Bahia Asunción. It was a nightmare! The bank made errors in the fido, as well as the Notario. It took about a year of
court attendance in MEXICO CITY. Even after the bank admitted the errors, it was extremely tough to get the bank to release the fido...even to a
Mexican citizen!
| Quote: Originally posted by surabi | "Fidicomiso is a nightmare and makes no sense."
I've had a Fideicomiso for 19 years and there has been no "nightmare". You guys go ahead and "buy" Ejido land that you have no actual legal paperwork
for that would stand up in court if that's what turns your crank.
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Udo
Youth is wasted on the young!
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HeyMulegeScott
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https://mexlaw.com/ejido-mexican-concept-misunderstood-forei...
Why can’t foreigners buy an Ejido property?
The reason is simple: By law, foreigners are not allowed to be owners. The most important requirement of being part of the Ejido is that you must be
of Mexican nationality.
An Ejido property is not private property, and it cannot be sold to foreigners; it may only be sold to Mexicans. A Mexican citizen wishing to purchase
Ejido land must have the agreement of the whole community that “owns” the land. If an Ejido property is sold without the consent of all owners,
the buyer can risk a legal battle after the fact, which, in the worst-case scenario means the land will be returned to the original owner.
The owner has rights of possession over the communal land, but does not have a Deed, and if he wants to sell it, he needs the approval of the assembly
of the commissary. The commissary will never approve selling to a foreigner because it would be against the law.
The only way to acquire Ejido land is to go through a privatization process that transfers the property to a Mexican citizen through a Title or Deed.
Transferring Ejido property into private ownership is a time-consuming process, and there are no guarantees it will succeed. Until an Ejido Title has
been transferred to private property by a Mexican, foreigners cannot acquire ownership of Ejido land.
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gnukid
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This may provide more insight into Ejido parcels and how they can be used and sold.
http://www.lawmexico.com/articles/Ejido%20Property.pdf
The real property of the ejidos is divided into three categories:
Individual parcels
Property for common use
Property for community development
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surabi
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The article makes it clear that ejido property must be regularized before it can be sold. Once it is regularized, it then has a title , and it can be
sold to a foreigner, and the foreigner must put it in a bank trust if it is within 50 kms of the coast. A foreigner cannot own land within an ejido,
as you seem to think. Once it is regularized, it is no longer part of the ejido.
[Edited on 1-1-2023 by surabi]
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gnukid
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This resource may answer some questions about types and categories of Ejido land which makes up about 50% of Mexico, such as Parcels and Dominio
Pleno.
Each person should do their own research and decide how they want to pursue ownership in Baja, including Fideicomiso, Corporation, Constancia or any
other other type of ownership relationships, to know what is right for you.
https://www.mlsvallarta.com/resources/how-realistic-and-reas...
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gnukid
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I have experience in ownership with corp, fidiecomiso, ejido parcels, construction, city and rural, etc and currently pursue each of those and have
for more than 20 years. My goal is to have no Fido, no Corp, and only ejido Parcel property.
I am integrated in a very large community of nationals and foreigners and support friends in transactions since it seems many get into trouble from
lack of information and few are willing to do research, agents are largely uniformed and unwilling to to do their fiduciary work or research or even
go even to ayuntamiento, notario or agrarian rural system offices and there is a great deal of misinformation posted online.
Mexicans don't really have. reason to invest time to understand the issues for foreigners and vice versa. Due to relationships, I integrated into
supporting Ejidos.
My original point is that the majority of transactions in Mexico are person to person, meaning meeting of minds between two people without an agent,
lawyer, etc. especially since the majority of land was Ejido and transitioned to municipal titled, still today majority is Ejido which is far easier
to transact, for example during covid paperwork for titled property came to a standstill while constancia transaction flourished. There is a great
deal of history of transactions and transition of land from Ejido to Titled to review, certainly some horror stories which often were associated to
leased ejido land.
For a typical "Foreigner" there are many many paths to ownership to consider. I am not promoting one over the other, except to note that they likely
each have benefits and drawbacks.
Good luck
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gnukid
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I share resources that people can use to make their own decisions without necessarily feeling it's necessary for people share explicit personal
details, about where they live, or where they are investing our how much investment they may have because its not a good idea to share personal
information.
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mtgoat666
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| Quote: Originally posted by gnukid |
I have experience in ownership with corp, fidiecomiso, ejido parcels, construction, city and rural, etc and currently pursue each of those and have
for more than 20 years. My goal is to have no Fido, no Corp, and only ejido Parcel property.
I am integrated in a very large community of nationals and foreigners and support friends in transactions since it seems many get into trouble from
lack of information and few are willing to do research, agents are largely uniformed and… blah, blah, blah.
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Paul,
You are a regular real estate wheeling dealing mogul   You got a house in mt view and a vacation home in La ventana . You are middle age
peter pan from Palo Alto who spends his days smoking dope and kite surfing. You eat organic food and try a bit of yoga, in vain attempt to stay in
shape and avoid your own mortality.
You are a box of contradictions. You are a granola-eating, Whole-Foods-shopping MAGA right wing nut
Woke!
“...ask not what your country can do for you – ask what you can do for your country.” “My fellow citizens of the world: ask not what America
will do for you, but what together we can do for the freedom of man.”
Prefered gender pronoun: the royal we
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surabi
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I trust gnukid's property ownership assertions about as much as his Covid disinformation.
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LancairDriver
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Odd, I’ve always found gnukids opinions to be well researched.
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