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Author: Subject: FM3 Question??? Benefits???
bajaguy
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[*] posted on 8-10-2009 at 07:06 AM
Discount


Well, when you turn 60, you can use your FM-3 to get your (Mexican) government issued senior citizens discount card



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grace59
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[*] posted on 8-10-2009 at 07:24 AM


Quote:
Originally posted by bajaguy
Well, when you turn 60, you can use your FM-3 to get your (Mexican) government issued senior citizens discount card

Thanks Bajaguy! While I still have a way to go, my husband qualifies so I'll get him on that. BUT...new question...How do you get the senior citizens card????




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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[*] posted on 8-10-2009 at 08:22 AM
INSEN Card


The new name for the INSEN Card is INAPAM (Institute Nacional Para las Personas Adultas Mayores).

You will have to find the nearest office of INSEN/INAPAM and ask about the application procedure. I don't know if they have an office in San Felipe. May have to go to Mexicali.

The INSEN card is a Mexican identification card for anyone over 60 years old and it entitles the person to discounts on many common purchases.

The requirements that I had to follow were:

1. At least 60 years old
2. Original and a copy of birth certificate
........I did not use or need a birth certificate
3. Proof of identification with a photo. I used my FM-3.
4. Name and phone number is a person who can be reached in an emergency.
5. Proof of residency in Mexico. I used my homeowners association receipt.

The requirements don't mention an FM-3, but that is what I used.

You may need to supply a color photo, again, check with your local office.

They will issue you a card with your photo while you wait. Everything happens the same day.

The clerk who issued my card in Ensenada spoke english. She suggested I make several color copies of the card and have it laminated.

Apparently a few of the benefits are:

National Benefits:
1. 50% discount bus travel. Only two discounts given per bus, so I advise getting tickets the day before. Once when I tried to buy tickets for that day, someone else had already used the discount.
2. Aviacsa airline 25% discount
3. Continental and Mexican airlines 10%
4. Museums free
5. VIPs, Sanborns restaurant 15%
6. many hotels, pharmacies, labs, doctors also are listed by city along with their discounts.

I always use it when I am at the checkout stand when I am shopping or buying things. Some businesses accept it, others do not.

Here is a link that may prove useful:

http://www.experience-san-miguel-de-allende.com/inapam.html

[Edited on 8-10-2009 by bajaguy]




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David K
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[*] posted on 8-10-2009 at 08:28 AM


Wonderful! Thank you 'wessongroup' and welcome to Baja Nomad!



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grace59
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[*] posted on 8-10-2009 at 08:30 AM


Quote:
Originally posted by bajaguy
The new name for the INSEN Card is INAPAM (Institute Nacional Para las Personas Adultas Mayores).

You will have to find the nearest office of INSEN/INAPAM and ask about the application procedure. I don't know if they have an office in San Felipe. May have to go to Mexicali.

The INSEN card is a Mexican identification card for anyone over 60 years old and it entitles the person to discounts on many common purchases.

The requirements that I had to follow were:

1. At least 60 years old
2. Original and a copy of birth certificate
........I did not use or need a birth certificate
3. Proof of identification with a photo. I used my FM-3.
4. Name and phone number is a person who can be reached in an emergency.
5. Proof of residency in Mexico. I used my homeowners association receipt.

The requirements don't mention an FM-3, but that is what I used.

You may need to supply a color photo, again, check with your local office.

They will issue you a card with your photo while you wait. Everything happens the same day.

The clerk who issued my card in Ensenada spoke english. She suggested I make several color copies of the card and have it laminated.

Apparently a few of the benefits are:

National Benefits:
1. 50% discount bus travel. Only two discounts given per bus, so I advise getting tickets the day before. Once when I tried to buy tickets for that day, someone else had already used the discount.
2. Aviacsa airline 25% discount
3. Continental and Mexican airlines 10%
4. Museums free
5. VIPs, Sanborns restaurant 15%
6. many hotels, pharmacies, labs, doctors also are listed by city along with their discounts.

I always use it when I am at the checkout stand when I am shopping or buying things. Some businesses accept it, others do not.

Here is a link that may prove useful:

http://www.experience-san-miguel-de-allende.com/inapam.html

[Edited on 8-10-2009 by bajaguy]


Thank you for the info. I copied it to an email and sent it to myself so I can have it on hand next time we go to Mexico. You have been very helpful. I appreciate that!




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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bajagrouper
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[*] posted on 8-10-2009 at 09:39 AM
Thank you wessongroup


Quote:
Originally posted by wessongroup
This link is from the Consular Section of the Embassy of Mexico in Washington D. C. and would appear to cut to the end of the chase on many issues discussed:

http://portal.sre.gob.mx/consulados/popups/articleswindow.ph...

"Purchase of real estate
Purchase of real estate in Mexico by non-mexicans

Article 27 of the Mexican Constitution bars foreigners from buying real estate in what is called the “restricted zone” (sixty one miles from the international border and thirty one miles from the seacoast). Outside this area, aliens can purchase real estate property but must agree before the Mexican Foreign Affairs Secretariat to be treated, for all intents and purposes, as Mexican nationals and abstain from invoking the protection of their country of origin with respect to that property. If the covenant is breached, all rights to such property will revert to Mexico .

For the purchase of land in Mexico , the following must be met:

- An application must be filed with the Mexican Foreign Affairs Secretariat (Secretaría de Relaciones Exteriores, Dirección General de Asuntos Jurídicos, Tlatelolco, D. F.) or any of its offices in the Mexican territory. The appropriate personnel will provide the official form {S1} and will help the applicant answer any questions on technical matters.

- Prove the applicant's immigration status (FM3 o FM2 ).

- File the application and attach to it a description of surface, measurements, landmarks and adjacencies of the land.

- Pay the corresponding duties.

I f the buyer is a company, it must prove it is legally incorporated.





Thanks for pointing out to the Platinum Nomad and his little squid buddy the errors of their ways...Here is a government site that states in black and white that you need an FM2/FM3 only to purchase land, and it says nothing about visas when buying real estate ( vacation home) ...My apologies to the nomads who agreed with me and were attached by these jerks...Paz para todos




I hear the whales song
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[*] posted on 8-10-2009 at 09:39 AM


Quote:
Originally posted by David K
Quote:
Originally posted by jannyk
Logical Dave, and I wish it were true, because we'd be living in Canada if it was?

We are US residents and own property in British Columbia. We used to own an apartment in Paris. My sister owns a condo In Florida (she's lives at home in the UK).

In none of these situations did we become anything but tourists and are issued the same tourist entry 'stamps' as everyone else. Being property owners and even mortgage holders in a foreign country did not change our 'status' one bit in those countries.

I wish Canada did have an FM equivalent, as currently we can only be at our home there for a max of 6 months out of any 12.

Quote:
Originally posted by David K
I sure wonder how you can call a "tourist" (fm-t) also a property owner!

Tourists are people on a vacation... Is it really that hard to understand?


===========================================

M-E-X-I-C-O is NOT in control of British Columbia, Paris, Florida or the U.K. :light:;):yes:

A MEXICAN LAW is what determins your legal rights to keep property in MEXICO. :light:;):yes:

I have to tell you that I know this from my friends who have property in Mexico... who have done the research. I just added my dos centavos because it is so SIMPLE... Yet, it becomes so confusing here (to some). :?::o:O

Sure, you are in Mexico legally with an FM-T (on a vacation)... and decide to BUY or LEASE... which you can do, because people in Mexico WILL take your money and sell you/ lease you some land or a condo or whatever they want to. :yes::wow::rolleyes:

ONCE you HAVE that REAL property you SHOULD be responsible enough to OBTAIN the NEW and CORRECT visa for a property owner/ renter in Mexico and that is NOT a TOURIST CARD my friend. :yes:;):cool:



Exactly what I said from the beginning.
Just too bad that there are so many Nomads who are not capable to understand. And then using the 'under the beltline' zone for their low standard response. :spingrin::spingrin::spingrin::spingrin::spingrin:
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[*] posted on 8-10-2009 at 10:06 AM


Quote:
Originally posted by bajagrouper




Thanks for pointing out to the Platinum Nomad and his little squid buddy the errors of their ways...Here is a government site that states in black and white that you need an FM2/FM3 only to purchase land, and it says nothing about visas when buying real estate ( vacation home) ...My apologies to the nomads who agreed with me and were attached by these jerks...Paz para todos


???

FM2/FM3 is a type of 'visa', and I support the responsible action of foreignors obtaining that 'visa' if they rent or buy in Mexico. 'jerks'? 'attached'? Really? Do you say that to everyone who AGREES with you?:lol:




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squid
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[*] posted on 8-10-2009 at 10:15 AM


Quote:
Originally posted by bajagrouper

Thanks for pointing out to the Platinum Nomad and his little squid buddy the errors of their ways...Here is a government site that states in black and white that you need an FM2/FM3 only to purchase land, and it says nothing about visas when buying real estate ( vacation home) ...My apologies to the nomads who agreed with me and were attached by these jerks...Paz para todos


WOW, here comes fishhead again and wants to tell us that a "Vacation Home" is something different than a regular home.
Fishhead, I have to stay w/ this thread as you are a master in mixing up facts. (Or too dumn to understand > make your pick)

AS A TOURIST YOU HAVE NO RIGHT TO OWN ANYTHING IN MEXICO! Why don't you get it?
You can not even buy a Car w/ MX plates. (Well you can buy it, every dealer is happy to take your money, but you are not allowed to use OR TO OWN it) You are not allowed to own anything which is Mexican! Why don't you get the point? Is it so difficult for you to comprehend facts?

Read page 1 , 4 post: I never said any different.
But I agree, it is hard for fishheads to catch the point.

And the FMT is why you have to leave the country within 180 days.
O.K., you tell me how you build a home wiithout bying the land. Even if the land is on a lease, you own the house. Consequently you are a homeowner.
Consequently you cab sell YOUR house, but not the land.
Now comes another issue into play: If you buy a Condo, what are you then??? A homeowner? I bet if you ask the INM that will count as homeownership. But I'm not sure about that!
Please fishhead, read s l o w l y.
This is maybe a very difficult issue for you.
:lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::fire::fire:
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[*] posted on 8-10-2009 at 10:42 AM


Quote:
Originally posted by squid

Even if the land is on a lease, you own the house.



Not really. You attach that house to leased land and it becomes the property of the landowner. Try to dismantle it in a dispute and see where it gets you.
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[*] posted on 8-10-2009 at 11:11 AM


When we had our house built in 1991 we got a Fidiecomiso for it and the land. No one said anything about needing an FM-3 or FM-T, including the Notorio we were using. They are specialized attorneys, appointed by the courts, to handle property transaction.

A few years later we started reading about Americans in Cabo who were kicked out of the country and their property taken because they did not have an FM-3 and as such were illegaly in the country. That's when we decided to get our FM-3's. I checked at the Mexican Consulate in LA and in San Diego and at Immagration in TJ and Rosarito. They all had different requirements. The consulates in the states were even somewhat rude, indicating that they did not want to deal with it. The immigration in Rosarito was the most helpful and with a secratarial office a block away to do the paperwork it was very easy. The fact that you have to renew your FM-3 where your house is made it even better (we didn't know that at that time). The fact that the niece of the owner of the secratarial office worked in the immigration office also helped!

The bottom line is that we are in a foreign country and need to every thing by the book to comply with their laws and not take any short-cuts both out of respect for their country and that we have large assets (our homes) to protect.
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[*] posted on 8-10-2009 at 12:00 PM


One small issue, property should not be confused in this discussion with "land".

"Land" is corner stone of the whole Fidiecomiso process.

You can't own "land" in the "Restricted Zone", you can "lease land" in a "Federal Zone" and build structures upon the leased land, can can bring items down from the States to put into those structures, with conditions attached. But, you still will not "own the land" that your "property" sits on...

I believe someone was relating the story about those Americans that were down by Cabo. Some of the individual were certainly down there without proper visa's, as it has been very common over the past 50 plus years, that the Mexican's really didn't make an issue over it. I don't remember how many times we just drove on by the check point south of Ensenada on our way down to Johson's Ranch to do some claming. However the primary issue was "ejidos" land. On this typed of "Land" they can lease it to you, but you don't have any rights for renewal, or changes in the lease which the "land owner" can change at any time.

Thanks so much for all the input and different views on a complex subject

Hope that through the development of some factual information it benefit all.

Something that protects everyone, and lets the Mexican people make a couple of bucks off of some very happy campers while in their beautiful Country.

One should just take a moment and consider whether they are comfortable with that kind of legal situation, before they move on a "house" down in the Baja..

Most people have had very few problems with "real estate" down on the Baja, sooooo relax it will all be OK
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[*] posted on 8-10-2009 at 12:03 PM


There is only one brief sentence that applys to most of us in this info. It is the first one:
"Article 27 of the Mexican Constitution bars foreigners from buying real estate in what is called the “restricted zone” (sixty one miles from the international border and thirty one miles from the seacoast)."

The rest of the info, including the reference to FM3/FM2, only applies to property bought outside the 'Restricted Zone' and begins:
"Outside this area, aliens can purchase real estate property but ...."

When you buy inside the 'zone' with a fideo, the title is in the name of the Bank holding the Trust and remains so. It is not ever in the name of the foreign purchaser because, as it states, the law "...bars foreigners from buying real estate in what is called the “restricted zone...”. Technically, you still do not 'own' the property as we understand 'own' - you have a 50 year (renewable) lease with all rights of a property owner.

When you buy outside the 'zone', you are directly purchasing 'real estate' - the title is in the buyers name, and this is when an FM2/FM3 is mandatory.

This I already knew and never disagreed with.

As I said earlier, I am not trying to give advice on whether or not to get an upgraded visa. In Mexico CYA is always a good strategy. What I was saying is that over the past 15 years we have bought, enjoyed and sold two properties in the 'zone'. Not once was a visa (any visa) requested or even mentioned.

In fact, we will be applying for an FM3 this year for the first time, not for property issues though.

So does anyone have the link to the Mexican Law that states only an FM3/FM2 holder can be a trustee?


Quote:
Originally posted by wessongroup
This link is from the Consular Section of the Embassy of Mexico in Washington D. C. and would appear to cut to the end of the chase on many issues discussed:

http://portal.sre.gob.mx/consulados/popups/articleswindow.ph...

"Purchase of real estate
Purchase of real estate in Mexico by non-mexicans

Article 27 of the Mexican Constitution bars foreigners from buying real estate in what is called the “restricted zone” (sixty one miles from the international border and thirty one miles from the seacoast).

Outside this area, aliens can purchase real estate property but must agree before the Mexican Foreign Affairs Secretariat to be treated, for all intents and purposes, as Mexican nationals and abstain from invoking the protection of their country of origin with respect to that property. If the covenant is breached, all rights to such property will revert to Mexico .

For the purchase of land in Mexico , the following must be met:

- An application must be filed with the Mexican Foreign Affairs Secretariat (Secretaría de Relaciones Exteriores, Dirección General de Asuntos Jurídicos, Tlatelolco, D. F.) or any of its offices in the Mexican territory. The appropriate personnel will provide the official form {S1} and will help the applicant answer any questions on technical matters.

- Prove the applicant's immigration status (FM3 o FM2 ).

- File the application and attach to it a description of surface, measurements, landmarks and adjacencies of the land.

- Pay the corresponding duties.

I f the buyer is a company, it must prove it is legally incorporated.
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[*] posted on 8-10-2009 at 12:10 PM


Quote:
Originally posted by SteveD
When we had our house built in 1991 we got a Fidiecomiso for it and the land. No one said anything about needing an FM-3 or FM-T, including the Notorio we were using. They are specialized attorneys, appointed by the courts, to handle property transaction.

A few years later we started reading about Americans in Cabo who were kicked out of the country and their property taken because they did not have an FM-3 and as such were illegaly in the country. That's when we decided to get our FM-3's. I checked at the Mexican Consulate in LA and in San Diego and at Immagration in TJ and Rosarito. They all had different requirements. The consulates in the states were even somewhat rude, indicating that they did not want to deal with it. The immigration in Rosarito was the most helpful and with a secratarial office a block away to do the paperwork it was very easy. The fact that you have to renew your FM-3 where your house is made it even better (we didn't know that at that time). The fact that the niece of the owner of the secratarial office worked in the immigration office also helped!

The bottom line is that we are in a foreign country and need to every thing by the book to comply with their laws and not take any short-cuts both out of respect for their country and that we have large assets (our homes) to protect.


SteveD: YOU MADE THE POINT !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Nothing to add > just for lowbrainers to read V E R Y S L O W L Y AGAIN AND AGAIN AND OVER AGAIN.
I said nothing different all the time but some low brainers just don't want to catch the point.
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[*] posted on 8-10-2009 at 12:15 PM


Quote:
Originally posted by jannyk
Technically, you still do not 'own' the property as we understand 'own' - you have a 50 year (renewable) lease with all rights of a property owner.


Jeez, we're getting there, there are many considerations and alot have been discussed.

I'll quibble a bit with the quoted statement. I don't think there are any "lease" aspects to a Fidei. It's a trust - a third party holding property for the benefit of the beneficiary. Mexican law has a maxiumum period of ten years on any real estate lease. Any contract for longer is invalid.
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[*] posted on 8-10-2009 at 12:27 PM


Maybe my Notario required a FM-3 because he wanted to make sure I had the income to qualify for one, he didn't want a bum living down the street from him.

HA! Little did he know.
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[*] posted on 8-10-2009 at 01:24 PM
FM 3,2,1 benefit


exerpt from a post on today's Baja Western Onion:

"Re: Baja Ferry - Temp Sticker - If going to Topolobampo from La Paz it is true you will need the windshield sticker." However, if you have a FM-3 or 2 the sticker will never expire as longer as you keep your "FM" current. Just keep a copy of the current year's "FM" in your glove compartment. This is what we were told by the officials when we bought our sticker..."
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[*] posted on 8-10-2009 at 01:26 PM


The Trustee would be the Bank, they are on title of the "land" you are the beneficiary.

Further on trusts...

http://www.mondaq.com/article.asp?articleid=82762
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[*] posted on 8-10-2009 at 08:02 PM


Quote:
Originally posted by DENNIS
Quote:
Originally posted by squid

Even if the land is on a lease, you own the house.



Not really. You attach that house to leased land and it becomes the property of the landowner. Try to dismantle it in a dispute and see where it gets you.


Dennis, that very much depends on your contract with the landlord. Here in Mulege all so called 'Parks' like the orchard, Oasis or Miranda and Serenidad do have contracts where the improvement to the land (i.e. a house) goes into the ownership of the guy who pays for it.
It is of course another issue if the 10 years lease*) is not renewed. Like in the Orchard, I got knowledge, that the landlord (R.S.) did not renew a contract to get the home.
*) there is no valid 10 years contract in Mexico. Every (!) contract is only valid if it is signed for 9 years and 364 days (not 365)
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[*] posted on 8-14-2009 at 07:00 AM
Trustee


Quote:
Originally posted by jannyk
There is only one brief sentence that applys to most of us in this info. It is the first one:
"Article 27 of the Mexican Constitution bars foreigners from buying real estate in what is called the “restricted zone” (sixty one miles from the international border and thirty one miles from the seacoast)."

The rest of the info, including the reference to FM3/FM2, only applies to property bought outside the 'Restricted Zone' and begins:
"Outside this area, aliens can purchase real estate property but ...."

When you buy inside the 'zone' with a fideo, the title is in the name of the Bank holding the Trust and remains so. It is not ever in the name of the foreign purchaser because, as it states, the law "...bars foreigners from buying real estate in what is called the “restricted zone...”. Technically, you still do not 'own' the property as we understand 'own' - you have a 50 year (renewable) lease with all rights of a property owner.

When you buy outside the 'zone', you are directly purchasing 'real estate' - the title is in the buyers name, and this is when an FM2/FM3 is mandatory.

This I already knew and never disagreed with.

As I said earlier, I am not trying to give advice on whether or not to get an upgraded visa. In Mexico CYA is always a good strategy. What I was saying is that over the past 15 years we have bought, enjoyed and sold two properties in the 'zone'. Not once was a visa (any visa) requested or even mentioned.

In fact, we will be applying for an FM3 this year for the first time, not for property issues though.

So does anyone have the link to the Mexican Law that states only an FM3/FM2 holder can be a trustee?




Quote:
Originally posted by wessongroup


This link is from the Consular Section of the Embassy of Mexico in Washington D. C. and would appear to cut to the end of the chase on many issues discussed:

http://portal.sre.gob.mx/consulados/popups/articleswindow.ph...

"Purchase of real estate
Purchase of real estate in Mexico by non-mexicans

Article 27 of the Mexican Constitution bars foreigners from buying real estate in what is called the “restricted zone” (sixty one miles from the international border and thirty one miles from the seacoast).

Outside this area, aliens can purchase real estate property but must agree before the Mexican Foreign Affairs Secretariat to be treated, for all intents and purposes, as Mexican nationals and abstain from invoking the protection of their country of origin with respect to that property. If the covenant is breached, all rights to such property will revert to Mexico .

For the purchase of land in Mexico , the following must be met:

- An application must be filed with the Mexican Foreign Affairs Secretariat (Secretaría de Relaciones Exteriores, Dirección General de Asuntos Jurídicos, Tlatelolco, D. F.) or any of its offices in the Mexican territory. The appropriate personnel will provide the official form {S1} and will help the applicant answer any questions on technical matters.

- Prove the applicant's immigration status (FM3 o FM2 ).

- File the application and attach to it a description of surface, measurements, landmarks and adjacencies of the land.

- Pay the corresponding duties.

I f the buyer is a company, it must prove it is legally incorporated.



As to your question about "So does anyone have the link to the Mexican Law that states only an FM3/FM2 holder can be a trustee?"

If the purchase of land and/or property takes place in the "restricted zone" the "trustee" would be the Bank, if one was purchasing land and/or property outside the "restricted zone" a Trustee would not be required by law, however I expect one could establish a Trust in Mexico, as it is a legally excepted financial service pretty much worldwide. It's just another "financial service" offered by Banks, I'm checking into it this time with Citibank/Banamex their offices are in Century City here in Los Angeles. I spoke over the phone with them, asked what I need to do to set up a checking account with them, "Come in the door". I saw that they also have a Trust Division. Trust Departments are completely separate from normal retail and commercial banking.




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