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bajajudy
Elite Nomad
Posts: 6886
Registered: 10-4-2004
Location: San Jose del Cabo,BCS
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If your FM3 or FM2 allows you to work, you must carry it with you when working. My husband knows this oh too well.
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bajagrouper
Senior Nomad
Posts: 964
Registered: 8-28-2003
Location: Rincon de Guayabitos, Nayarit, Mexico
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Mood: happy and retired
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Well experts all you have to do is what I asked in my last post, direct me to a Mexican Gov. website that states I have to have an FM3 to purchase a
home in Mexico's coastal areas and I can not leave personal property in a private home while not having an FM3..I know you can not leave a vehicle
without an FM3.....So experts and newbies just show me the website...
I hear the whales song
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Dave
Elite Nomad
Posts: 6005
Registered: 11-5-2002
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Nope
| Quote: | Originally posted by squid
First of all: As a homeowner you MUST have an FM-3.
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An FM-3 is not a requirement to own a home. It is, however, a requirement to live in it.
I know folks from the States and Europe who own homes with a fideicomiso. No Fm-3, no current visa, no nada.
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k-rico
Super Nomad
Posts: 2079
Registered: 7-10-2008
Location: Playas de Tijuana
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I've been looking for a couple of hours, can't find the answer. Some sites say a FM-3 is required, others don't. Couldn't find any pertinent info in
English from the Mex. gov.
I believe this may be something of concern. The sites saying a FM-3 is necessary all said it is because of the requirements associated with a
foreigner signing a contract in Mex. That led me to the following:
"Acts (such as signing contracts, bids, permits or other public and private documents) performed in Mexico by foreigners not holding the proper visa
may be rendered invalid (voidable)."
The Fideicomiso is a contract. Is a tourist visa "the proper visa" for a Fidei?
http://www.rosenlaw.com.mx/services/immigration.html
Maybe someone in San Jose could get the answer from these guys (above).
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grace59
Senior Nomad
Posts: 614
Registered: 9-14-2004
Location: San Felipe, Baja, Mexico
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The property where we are building our house is in El Dorado Ranch in San Felipe. This is a quote off of their website on owning property (or
renting/leasing) in Mexico.
"For those of you who either lease lots, rent houses, or have purchased property through a Fideicomiso Irrevocable, you must have an FM-3 Visa to be
legal in Mexico. Once you have signed any sort of contract, you are no longer a tourist. I would like to say at the outset, that if you do not have an
FM-3 Visa and you find yourself in a property dispute or other entanglement which puts you in the arms of jurisprudence, you literally have no rights
as an "illegal alien". This means your property, bank accounts, vehicles and personal belongings, are in jeopardy. The very minimum you need for
owning or leasing property is the FM-3 Visa which is renewable every year for 5 years."
This is why we got our FM3s before signing the contract with our builder.
Whenever I hear that rainy, chill wind blow. I think it may be time to head for Mexico. Tengo que obedecer mi corazon!
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squid
Junior Nomad
Posts: 75
Registered: 6-23-2009
Location: Mulege
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well, too many smart a... here ! They do have a fideicomiso !!!!!!!!!!!!
They got it through a bank - no other way!
BUT nobody can get a bankaccount OR A FIDEICOMISO without FM-3.
Gringos always know everything better about mexico than Mexicans.
No more posts from me on this thread. Period.
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grace59
Senior Nomad
Posts: 614
Registered: 9-14-2004
Location: San Felipe, Baja, Mexico
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| Quote: | Originally posted by squid
well, too many smart a... here ! They do have a fideicomiso !!!!!!!!!!!!
They got it through a bank - no other way!
BUT nobody can get a bankaccount OR A FIDEICOMISO without FM-3.
Gringos always know everything better about mexico than Mexicans.
No more posts from me on this thread. Period. |
 I'm confused Squid at the attitude...did I say something in my post to
upset you? If so, Mea Culpa. I thought that I was agreeing with the need for an FM3 when purchasing a home in Mexico.
Whenever I hear that rainy, chill wind blow. I think it may be time to head for Mexico. Tengo que obedecer mi corazon!
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oldlady
Banned
Posts: 1714
Registered: 10-31-2005
Location: BCS
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I'm with bajagrouper on this one. Is there any black letter law on this?
We bought our property and created our fides. with the tourist visas we had when we came down for five days to close the deal. Nada Mas. 5 Years
ago.
Had a Mexican lawyer handle everything. He had a good reputation then, in all this time I've not known anyone of the dozens of people who did similar
transactions (some still don't have FM-3's ) and used him to have had any issues.
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bajaguy
Elite Nomad
Posts: 9247
Registered: 9-16-2003
Location: Carson City, NV/Ensenada - Baja Country Club
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Mood: must be 5 O'clock somewhere in Baja
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Typical
Well, it's typical...rules and no rules.....even if it's printed, it would be interperted differently in Rosarito and Loreto....just gotta do what you
think is right for where you are....unfortunately
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SteveD
Nomad
Posts: 106
Registered: 11-29-2007
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What is the problem with just getting an FM-3? It's good for a year, the FM-T is only good for 6 months. The lady at the secretarial office renews
it for us (a month in advance) so we just show up, sign some papers and we are done. A lot less hassle than getting an FM-T every 6 months and
getting it stamped at Immigration. And we KNOW we are legal in Mexico, instead of relying on all of the "experts" on this board. If you have a house
worth $100,000 or more, why take the risk! (our $100K house is now a $300K house!)
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bajagrouper
Senior Nomad
Posts: 964
Registered: 8-28-2003
Location: Rincon de Guayabitos, Nayarit, Mexico
Member Is Offline
Mood: happy and retired
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Senor Squid,
Can't find a gov. site that proves you correct, I did not think so....Sorry you will not post anymore, no more miss-information from you...Adios
Hola grace59,
As you can see from this paragraph I included from "How to buy Property in Mexico" the bank is signing the contracts on my behalf...By the way I would
not believe anything from El Dorado Ranch even if they were giving their land away for free...
"A "fideicomiso" is a trust agreement created for the benefit of a
foreign buyer, executed between a Mexican bank and the seller of
property in the restricted zone. Since foreign buyers do not have the
capacity to enter into a normal real estate sales contract, due to
Constitutional restrictions, the bank acts on their behalf."
I hear the whales song
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TBcountry
Junior Nomad
Posts: 52
Registered: 9-19-2007
Location: Ontario, CA
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SteveD I'm with you on this one.
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bajaguy
Elite Nomad
Posts: 9247
Registered: 9-16-2003
Location: Carson City, NV/Ensenada - Baja Country Club
Member Is Offline
Mood: must be 5 O'clock somewhere in Baja
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| Quote: | Originally posted by SteveD
What is the problem with just getting an FM-3? It's good for a year, the FM-T is only good for 6 months. The lady at the secretarial office renews
it for us (a month in advance) so we just show up, sign some papers and we are done. A lot less hassle than getting an FM-T every 6 months and
getting it stamped at Immigration. And we KNOW we are legal in Mexico, instead of relying on all of the "experts" on this board. If you have a house
worth $100,000 or more, why take the risk! (our $100K house is now a $300K house!) |
Eggs Actly!!!!!
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bajagrouper
Senior Nomad
Posts: 964
Registered: 8-28-2003
Location: Rincon de Guayabitos, Nayarit, Mexico
Member Is Offline
Mood: happy and retired
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| Quote: | Originally posted by SteveD
What is the problem with just getting an FM-3? It's good for a year, the FM-T is only good for 6 months. The lady at the secretarial office renews
it for us (a month in advance) so we just show up, sign some papers and we are done. A lot less hassle than getting an FM-T every 6 months and
getting it stamped at Immigration. And we KNOW we are legal in Mexico, instead of relying on all of the "experts" on this board. If you have a house
worth $100,000 or more, why take the risk! (our $100K house is now a $300K house!) |
Steve, I guess you are directing this question to me... maybe I am frugal, since I am in Mexico for 6 months during the winter months and i did not
need to leave a vehicle at my home , and an FMT is $22 and a FM3 is around $140 a year I decided to go with the FMT...My home has tripled in 2 years
also but there is no risk, I have a fidecomiso, it's not like I am on ejido land or put the property in someone's name like some of the "experts " on
this board who can not backup what they say, as you can see from my profile I have been to Mexico a few times over the years and have gained some
knowledge of this country but I am open to learn more, at least I can admit when I am wrong, I do not say I will never post hear again, suerte
I hear the whales song
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Bajaboy
Ultra Nomad
Posts: 4375
Registered: 10-9-2003
Location: Bahia Asuncion, BCS, Mexico
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This thread has me wondering about another scenario. Does a person that owns a time-share need a FM-3? Aren't they signing a contract in Mexico?
Just stirring the pot a bit....
[Edited on 8-8-2009 by Bajaboy]
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bajalou
Ultra Nomad
Posts: 4459
Registered: 3-11-2004
Location: South of the broder
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Probably the most important answer to this questions is to go to the Immigration office that covers the area you are wondering about and ask the
officials there what the rules are. Of course, if you don't have a FM3, you might be opening yourself up for problems. Are those of you who have
property without FM3s willing to take that chance? If so I'd really like to know what the local officials tell you.
No Bad Days
\"Never argue with an idiot. People watching may not be able to tell the difference\"
\"The trouble with doing nothing is - how do I know when I\'m done?\"
Nomad Baja Interactive map
And in the San Felipe area - check out Valle Chico area |
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bajagrouper
Senior Nomad
Posts: 964
Registered: 8-28-2003
Location: Rincon de Guayabitos, Nayarit, Mexico
Member Is Offline
Mood: happy and retired
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Bajaboy,
Good point
Bajalou,
I guess a notario who is a real estate attorney appointed by the governor can not be trusted ...you know all applications for fedicomisos are sent to
DF for approval, I would think at that time if any the paperwork were incomplete they would kick it back to the notario...David K and others made some
claims earlier and all I asked for was proof of what they say...not hearsay!!! They can not produce an official site that states what they are
claiming...still waiting
I hear the whales song
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bajalou
Ultra Nomad
Posts: 4459
Registered: 3-11-2004
Location: South of the broder
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My only point is that no matter what "Official" sites might say, the local official is the one that applies his version of the law.l
No Bad Days
\"Never argue with an idiot. People watching may not be able to tell the difference\"
\"The trouble with doing nothing is - how do I know when I\'m done?\"
Nomad Baja Interactive map
And in the San Felipe area - check out Valle Chico area |
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bajalou
Ultra Nomad
Posts: 4459
Registered: 3-11-2004
Location: South of the broder
Member Is Offline
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I've had friends in San Felipe who have been required by the Notario in Mexicali to get FM3s before being allowed to close a SALE of their property.
No Bad Days
\"Never argue with an idiot. People watching may not be able to tell the difference\"
\"The trouble with doing nothing is - how do I know when I\'m done?\"
Nomad Baja Interactive map
And in the San Felipe area - check out Valle Chico area |
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Bob and Susan
Elite Nomad
Posts: 8813
Registered: 8-20-2003
Location: Mulege BCS on the BAY
Member Is Offline
Mood: Full Time Residents
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bajagrouper...you are fine while you are there with an fmt
but...
as soon as you leave you've abandoned all the property you left and it CAN be taken
you are at risk
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