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Mexican Public Notaries

Should you decide to own property in you own name, a deed called an escritura, must be prepared by a Mexican notary public

There are big difference between the United States notary public and Mexican notary public. In Mexico, the notary public (notario público) are lawyers publicly appointed by the State Governor who specialize in Contract Law. 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!   Whereas in the United States the public notary can act only as a witness to your signature on  a document. You can use publically notarized documents (for Powers of Attorneys) signed in the United States but for validity in Mexico you also need an Notarial Apostile from the State's Attorney's office.

Notary Directory

Name Address Phone

Notary No. 6

Lic. Jorge Alberto Rodriguez Carrillo

Av. Nader No.8 (998) 884 2282

Notary No. 14

Lic. Efrain Martinez

Calle Alcatraces No 45 (998) 884 7477

Notary No. 30

Lic. Luis Camara Patron

Calle Sierra, No 13 SM3 (998) 884 2590

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.




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