The Public Notary in Mexico
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The Mexican Public Notary
is a highly specialized lawyer with juridical
authority awarded by the Mexican Government
for each state. They function in both commercial
and civil businesses, acting much like public
and legal advisers for investors, businessmen
and anyone with similar legal requirements.
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Signing any kind of
contract before a consultation and advice from
a Public Notary in México is not wise.
Their involvement becomes a guarantee of legal
and juridical security.
Public Notary Works On:
• Property Deals
• Social Constitution and its modifications
• Foreign Investments
• Inheritance
• Wills
• Mortgages
• Financial Operations
• Credit titles, commercial and civil
• Arbitration, etc.
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BUYING
REAL ESTATE IN MEXICO AND THE MEXICAN NOTARY PUBLIC
by JAMES DANIEL BOWERS.
This article originally appeared in "Mexico
Living and Travel Update", Spring 1996-2005.
Even as a tourist you may buy real estate in Mexico. This
may be owned through a Mexican bank trust or in your own
name. With a bank trust (fideicomiso) it is simple to
transfer title upon sale through a Mexican notary public.
Beneficiaries may be named in case of death. A Mexican
will is not required.
Should you decide to own property in you own name, a
deed called an escritura, must be prepared by a Mexican
notary public. In some states in Mexico it is now possible
to name beneficiaries in the deed, but if this is not
the case it is well to have a Mexican will prepared to
avoid expensive legal fees and probate at the time of
death.
There are great differences between the United States
notary public and Mexican notary public. In the United
States the notary public may be the local butcher, the
new accounts clerk at the bank, the secretary at the office,
or practice any other occupation.
In Mexico, the notary public (notario público)
is a public official appointed by the State Governor.
He has the capacity to attest and certify documents and
business and legal transactions that require authenticity.
He also provides for strict security of original records
and documents.
Some of the requirements for becoming a Mexican notary
public are as follows:
- must be a Mexican citizen
- must by thirty-five years of age
- have a law degree
- three years experience working in a notary public
office
- must take and pass an examination and if he passes,
in time the governor will give him an appointment.
There is supposed to be one notary for each 30,000 people.
In Mexico, every legal document, such as deeds, wills,
powers of attorney, constitution of corporations, establishment
of trusts and other legal transactions must be made before
a notary public in order to be valid. If the document
is not notarized by a Mexican notary public it is not
legal!
When buying real estate and you reach an agreement, go
to the notary public first. The buyer chooses the notary
public. For real estate transactions you do not need an
attorney. The notary public is completely capable and
legally authorized to carry out the transaction.
In many cases an attorney will delay the transaction,
charge you unnecessary high fees, and have absolutely
no bearing on the situation, as it is not of his competence.
Before giving any type of down payment or committing yourself
to a deal, take a copy of the actual escritura (which
should be given to you by the seller with no argument
if everything is in order) to the notary public to check
the deed's validity.
If buying property from a developer, have the notary
public check to see that he has his permits for the development
and for construction. A beautifully engraved certificate
or formal letter promising a deed at some future time
is not a deed, but merely a sales contract.
Have the notary public determine that the land is not
ejido land (communal agricultural land). The right to
use this type of land can be purchased, but always a risky
deal, as it is not your property, you are only allowed
to use it.
Insist on making all real estate transfer agreements
before a notary public. Do not be pressured by someone
who says that you need to put money down right away.
The notary public will need from both parties to the
transaction: proof of full names, marriage certificates,
proof of dates and place of birth, official identification
with a photograph, such as passport or driver's license,
and your visa to prove that you are in Mexico legally.
The notary public will need from the seller: 1. his deed;
2. Up-to-date tax receipts, water bills, subdivision (fraccionamiento)
fees, and any other public utilities bill, paid up to
the date of sale. The notary public will determine capital
gains taxes through an official appraisal (Avaluo).
The capital gains tax, if any, is paid by the seller.
However, through mutual agreement, it may be paid by the
buyer. Make sure you know how much this will be--the notary
will inform you of the cost before the transaction, almost
to the cent. Cash or money changes hands the minute the
seller signs over the deed, usually in the notary public's
office. The buyer ordinarily pays notary fees incurred,
which also must be paid when the title is signed over.
The process is not over yet -- the notary public must
register the escritura in the Registro Público
de la Propiedad (Public Registry of Properties). This
should be done promptly, as the transaction is not valid
until registered. A normal time frame for this is around
two weeks.
Property within sixty-two miles (100 kilometers) of the
border and thirty-one miles (fifty kilometers) of the
coast must be held in a bank trust. You will need a permit
from the Secretary of Foreign Affairs.
The buyer may choose the bank that will handle his trust
and may want to shop around to determine where he can
get the lowest fees.
Most real estate transactions in Mexico are not fraudulent.
The fraudulent deals are fairly rare and definitely not
the norm. Any transaction done with a notary public should
not have any problems as he or she is legally responsible
that everything is in order. People who buy real estate
in Mexico often invest their life savings in their "dream"
retirement home, and everyone should be aware of Mexican
laws and be cautious.
Sometimes people are so impressed with the natural beauty
and climate of Mexico that they "throw caution to
the wind" or "leave their brains at the border."
This has been referred to as "margarita fever."
Another consideration: Is the property you are thinking
of buying readily marketable should you decide to return
to the United States or your native country?
We have found that most real estate brokers and developers
are honest and above board. Should their sales techniques
be like those of a "time share" salesman pressing
for "an impending happening close" for the transaction,
be careful.
Basic safeguards on real estate purchase do not yet exist
in Mexico as in the United States or Canada. There is
no credit bureau to check on the developer's financial
condition. It may be difficult to locate liens, and there
is no title insurance.
For the typical person off the street, you need a notary
public to hold your hand right from the first steps of
the transaction--a title search takes him at the most
a few days. If there is any potential problem, the notary
public will not foul his good name and will let you know
immediately.
Chances are that you will never have a problem when buying
real estate in Mexico. Just be diligent in doing your
"homework" and be a little more cautious!
Below is a list of Notarios for Mexicali.
AIDA GLORIA GONZALEZ
SEVILLA
Notaria 6
Address: Ave. Lerdo y Morelos No.
501-6 Altos
Colonia: Centro
City: Mexicali
State: B. C.
C.P. 21100
Fax: 0168 6552 8615
Phone: 0168 6553 5851
Phone: 0168 6553 5852
Email: notpub6@telnor.net
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ALEJANDRO GUDIÑO BAZUA
Notaria 3
Address: Av. Milton Castellanos No.
1111-A
Colonia: Conjunto Urbano Caliss
City: Mexicali
State:
B. C.
C.P. 21010
Fax: 0168 6554 5549
Phone: no 0168 6554 5548
Phone: 0168 6554 5578
Email: notarya3@telnor.net.mx
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ARTURO LOPEZ CORELLA
 Notaria
14
Address: Av. Lerdo 1299,
Esq. Con Calle E, Segunda Seccion
Colonia: Nueva
City: Mexicali
State: B. C.
C.P. 21100
Fax: 01-686-552 9948
Phone: 686-551 9414
Email: lopezcorella@notaria14.com.mx
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CARLOS CECILIO ENRIQUEZ DE RIVERA BUENTIEMPO
Notaria 9
Address: Av. Pino Suarez No. 1595
Colonia: Nueva
City: Mexicali
State: B. C.
C.P. 21100
Fax: 0168 6554 2404
Phone: 01 68 6551 9962/ 63
Phone: 01 68 6552 9322
Email: notaria9@notaria9.com
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GUSTAVO CASANOVA LOPEZ
Notaria 13
Address: Blvd. Lazaro Cadenas No.
1601-Local 1-A
Colonia: La Bodega, Deleg. Gonzalez
Ortega
City: Mexicali
State: B. C.
C.P. 21379
Fax: 0168 6563 2901
Phone: 0168 6563 2524
Phone: 0168 6563 2611
Email: gcasanoval@hotmail.com
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JUAN N. CHAPA Y DE URQUIDI
Notaria 7
Address: Av. de los Pioneros No.
1060
Colonia: Centro Civico
City: Mexicali
State: B. C.
C.P. 21000
Fax: 0168 6557 3207
Phone: 0168 6557 2507
Phone: 0168 6557 1407
Email: jnchapa@notariasiete.com.mx
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LUIS ALFONSO VIDALES MORENO
Notaria 5
Address: Pasaje Celaya No. 1079
Colonia: Centro Civico
City: Mexicali
State: B. C.
C.P. 21000
Fax: All Phone Numbers
Phone: 0168 6557 4412
Phone: 0168 6557 2216
Email: notaria5@telnor.net
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NICOLAS GOMEZ CASTELLANOS
Notaria 2
Address: Av. Madero No. 1089
Colonia: Zona Centro
City: Mexicali
State: B. C.
C.P. 21100
Fax: 0168 6552 5966
Phone: 0168 6552 6420
Email: gomezcast@notaria2.com
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NORMA ALICIA ROMERO MIRANDA
Notaria 4
Address: Av. Francisco I. Madero
No. 727
Colonia: 1A. Secc.
City: Mexicali
State: B. C.
C.P. 21100
Fax: 0168 6552 2138
Phone: 0168 6552 8855
Email: nromero@sys.net.mx
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RAMIRO EDUARDO DUARTE QUIJADA
Notaria 10
Address: Calle "E" No.
197-7
Colonia: Nueva
City: Mexicali
State: B. C.
C.P. 21100
Fax: 0168 6552 2405
Phone: 0168 6552 5260
Phone: 0168 6552 2407
Email: notar10@telnor.net
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RIGOBERTO CARDENAS VALDEZ
Notaria 11
Address: Pasaje Jalapa 1003
Colonia: Centro Civico
City: Mexicali
State: B. C.
C.P. 21000
Fax: 0168 6557 1025
Phone: 0168 6557 2143
Email: nota11@telnor.net
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RODOLFO GONZALEZ QUIROZ
Notaria 13
Address: Blvd. Lazaro Cardenas 1601,
Local 1-A
Colonia: RANCHO LA BODEGA
City: Mexicali
State: B. C.
C.P. 21379
Fax: 0168 6563 2901
Phone: 0168 6563 2611
Phone: 0168 6563 2852
Email: licrgq@telnor.net
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VICTOR IBAÑEZ BRACAMONTES
Notaria 8
Address: Calle"G" No. 125
Colonia: Nueva
City: Mexicali
State: B. C.
C.P. 21100
Fax: 0168 6552 2018
Phone: 0168 6553 6064
Phone: 0168 6552 2127
Email: notaria8@telnor.net
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VIRGINIA PERSSON DE MORALES
Notaria 1
Address: C. Calafia No. 510
Colonia: Centro Civico
City: Mexicali
State: B. C.
C.P. 21000
Fax: 0168 6557 2236
Phone: 0168 6557 2225
Email: not1mxl@telnor.net
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