BajaNomad

Does anyone have experience cancelling a Fideicomiso?

Marla Daily - 1-3-2013 at 07:02 AM

Does anyone have experience getting Mexican citizenship, cancelling a Fideicomiso and putting property in your own name?

Mula - 1-3-2013 at 09:03 AM

Try talking to Jose Luis Gaytan in LaPaz.
He speaks excellent English and can help.

Jose L. Gaytan
Attorney at Law
http://www.gaytanlegalservices.com/
Office: 011-52-612 122 2033;
Cell: 011-52-1- 612 348 5566;
Home 011-52-612-122 7440.
New Nextel ID: 72*682313*1
Office Address: Guillermo Prieto #1310,
Corner with 5 de Mayo, La Paz. B.C.S., C.P. 23000, Mexico

shari - 1-3-2013 at 09:08 AM

Happy New Year Marla....I highly recommend getting your citizenship...I did it years ago and have lived so happily ever since. Myself and everyone I have talked to who were successful used Lic. Gilberto Pineda in DF who is magic. He makes it pretty easy...picks you up at the airport, you can stay in a nice suite in his house, he takes you through it all, he does most of the talking and waiting in lines, the office people respect him, he gets your passport for you when you go back to pick up your documents too. He is the MAN! Dont bother trying to get it through the La Paz office.

If you are over 60, you are exempt from the test. If not, he will give you a study sheet to pass it. It is a bit pricey but well worth it in the long run. You should have a knowledge of spanish. You can call him at 555-419-6812 and tell him Shari sent you. Blanca also recently got hers through him too.

Dissolving the fide is also costly...you can email alonsobaja@prodigy.net.mx and ask about this....he also arranges citizenship through Gilberto.

monoloco - 1-3-2013 at 09:14 AM

If you think that you may someday want sell your property, it would be better to keep the fide.

shari - 1-3-2013 at 09:43 AM

Monoloco, I had heard that too but now I understand that it's not much better because the fide has to be dissolved and a new one made by the buyers anyway costing about the same.

CortezBlue - 1-3-2013 at 10:29 AM

A question

I am considering getting citizenship, but I heard that you have to lic. your vehicles with Mexico plates?

Can anyone confirm that?

Marla Daily - 1-3-2013 at 10:55 AM

When fideicomisos began in the 1970s, they were all for 30 years.
Now all fideicomisos are issued for 50 years.

Our fideicomiso was the second one issued in Loreto (Kimbrel's was first). It expired after 30 years — 10 with the original owners (Robisons) and 20 with us.

With Bancomer we were not allowed to get a new 50 year fideicomiso at the end of 30 years. We were told by the notary that we HAD to extend the existing one for another 20 years, so we did. This was three years ago.

RnR - 1-3-2013 at 11:00 AM

Quote:
Originally posted by CortezBlue
A question

I am considering getting citizenship, but I heard that you have to lic. your vehicles with Mexico plates?

Can anyone confirm that?


Es Verdad!

Once you gain Mexican citizenship, you are MEXICAN.

Obviously, you don't have to tell your US state DMV and can just keep the registration current but you need to use some care playing the dual citizenship game.

Remember, after gaining citizenship, you have no immigration document saying that you are visiting/living in Mexico as a US citizen. The only document that you have is your Mexican voter ID card or a mexican passport.

Show your US passport without a valid immigration document to accompany it and......

Alm - 1-3-2013 at 11:28 AM

Quote:
Originally posted by RnR
Obviously, you don't have to tell your US state DMV and can just keep the registration current but you need to use some care playing the dual citizenship game.

Registration in either country is based on residency and status. It is not illegal to have a double citizenship in the US, and (I assume) in Mexico either. So you don't need to hide either passport from either border agents. Residency is a different matter. I am not a tax lawyer, but am pretty sure it is illegal to claim a residency in 2 different countries at the same time. This would lead to violations at least two areas - taxes and DMV. But then, you've been breaking the same laws by being a double resident before getting your Mex passport.

karenintx - 1-3-2013 at 11:29 AM

Quote:
Originally posted by CortezBlue
A question

I am considering getting citizenship, but I heard that you have to lic. your vehicles with Mexico plates?

Can anyone confirm that?


I too have heard this. When I mentioned it to my hubby his reply was "We see Mexicans driving California plated cars everyday here in CSL so once we get our MX citizenship and a MX driver license...we will be just as legal as they are to drive both a USA or MX plated vehicle."

This sound logical but then...it is Mexico!

Marla Daily - 1-3-2013 at 06:58 PM

I actually got a response today to my email with several questions to Bancomer's Elizabeth Cortez Lopez:

Regarding changing a beneficary on a fideicomiso:
"Para el cambio de beneficiario requieren entregar una carta en español solicitando el cambio, adjunto encontraras un ejemplo. El costo por este tramite es de 680 USD, ademas deberás platicar con algún notario para revisar sus honorarios, pues se debe hacer una nueva escritura de modificación."

Regarding cancelling a fideicomiso:
"Si ustedes desean vender su propiedad a un mexicano, deberán solicita la extinción del fideicomiso, mediante una carta en español, el costo es de 680 USD y también deberán revisar los honorarios de un notario."

DianaT - 1-3-2013 at 07:02 PM

Quote:
Originally posted by Marla Daily
.....

Regarding cancelling a fideicomiso:
"Si ustedes desean vender su propiedad a un mexicano, deberán solicita la extinción del fideicomiso, mediante una carta en español, el costo es de 680 USD y también deberán revisar los honorarios de un notario."


I wonder if different banks have different fees for this. Geez, we were told it would be a few thousand dollars. Maybe it has changed --- I HOPE SO.

Thanks for sharing the answers you received. :yes:

Marla Daily - 1-3-2013 at 07:26 PM

Reading between the lines, on top of the bank's $680 fee there
will be the notary's fee to do the task. And it wouldn't surprise me if there were some federal filing fee in addition, the way there is to file the fideicomiso.

She also sent me a copies of:
the letter the bank needs to receive for requesting change in beneficiary;

and

the letter the bank needs to receive to cancel a fideicomiso.

Happy to pass them along if anyone needs them.