I'm buying land in Mazamitla. Have questions.

I have lived continuously in Mexico for more than ten years, speak Spanish, and have pretty much assimilated.  I've always lived on the Pacific Coast in the foreign ownership exclusion area.  I have two lots under contract in Mazamitla, where I intend to build a summer home.  This is my first real estate transaction outside the exclusion zone (where I don't need a bank trust and can directly own the property).  In other words, it should be similar to a transaction in the Chapala area.  

My visa status is Residente Permanente, and I've been informed by the Notario that, because I'm a foreigner,  there is still a "permiso" that I have to get from the government.  He tells me that I must travel to Guadalajara with all my documents to get this.  The agent also insists that I must complete a "FM2 form," which seems very strange to me since the immigration law changes that occurred 5-6 years ago.

Here are my questions:

1) What office must I go to?
2) What is the formal name for this "permiso?"
3) Do I have to fill out this "FM2 form?"
4) How long must I wait for approval?
5) Must I physically pick up the "permiso?"
6) Is there an agent or attorney who can do this for me?  I'm very busy with my home in Barra de Navidad right now, and it's more cost effective to pay a professional -- due the cost of travel and stay in Guadalajara.

All input on how best to get this done will be appreciated.

I’ve never heard of that. When I bought my house here I was FM3 but maybe the real estate agent did it for me. I hope Rosa Venus sees this to answer your questions.

Carry Bean wrote:I’ve never heard of that.  When I bought my house here I was FM3 but maybe the real estate agent did it for me.  I hope Rosa Venus sees this to answer your questions.  

Thanks for responding.  How long ago did you buy your house?

Earlier in the year another land purchase in Mazamitla fell through, because I only had a month to get the transaction done before an important guest arrived from Venezuela.  The Notario for that transaction was located in the mountains.  He had little (if any) experience with foreigners, and only informed me about this requirement a week before the scheduled close.

Now I'm using Notario #106 in Guadalajara, who should know about things like this, and he's telling me the same thing.

I just received a copy of the document that I must fill out.  It is a FF-SRE-06.

It comes from the following office:

Secretaría de Relaciones Exteriores
Dirección General de Asuntos Jurídicos

I would recommend Notario #2 in Chula Vista here at Lakeside. He is likely to have the most experience with expats. You are talking about 2 different Notarios with whom most expats here will have little experience and the Notarios themselves probably have less experience with expats than ones local to Lakeside
Maybe it has something to do with Pueblo Magico?

DaveP wrote:I would recommend Notario #2 in Chula Vista here at Lakeside. He is likely to have the most experience with expats. You are talking about 2 different Notarios with whom most expats here will have little experience and the Notarios themselves probably have less experience with expats than ones local to Lakeside

Thank you for the kind advice, but I am committed to 106 at this point.  I'm pretty sure that he's giving me correct advice.  My questions here are directed at how I can most easily accomplish this requirement.

Many Tapatios have homes in Mazamitla so a notario from Guadalajara is fne..
I do not know what the rules are now because I do not follow them since we are now Mexicans but when we bought Lakeside and in Chiapas we had to have a permot from SRE to buy as we were foreigners. I stayed like a month in Chiapas to get all the papers together for the closing so the answer s that it takes or took less than a month to get the permit. In Ajijic the realestate office did the work , in Chapas I took the papers to SRE..

pvfederico wrote:

DaveP wrote:I would recommend Notario #2 in Chula Vista here at Lakeside. He is likely to have the most experience with expats. You are talking about 2 different Notarios with whom most expats here will have little experience and the Notarios themselves probably have less experience with expats than ones local to Lakeside

Thank you for the kind advice, but I am committed to 106 at this point.  I'm pretty sure that he's giving me correct advice.  My questions here are directed at how I can most easily accomplish this requirement.

However a few pesos spent getting confirmation and or rebuttal would be pesos well spent. You do not have to commit to him for a consultation.

Maybe something to do with "Pueble Magico"?

DaveP wrote:

pvfederico wrote:

DaveP wrote:I would recommend Notario #2 in Chula Vista here at Lakeside. He is likely to have the most experience with expats. You are talking about 2 different Notarios with whom most expats here will have little experience and the Notarios themselves probably have less experience with expats than ones local to Lakeside

Thank you for the kind advice, but I am committed to 106 at this point.  I'm pretty sure that he's giving me correct advice.  My questions here are directed at how I can most easily accomplish this requirement.

However a few pesos spent getting confirmation and or rebuttal would be pesos well spent. You do not have to commit to him for a consultation.

Maybe something to do with "Pueble Magico"?

Very good possibility.  The seller is a very prominent Mexican in Guadalajara who owns many lots in Mazamitla and a very popular restaurant in Guadalajara -- and sits on the commission that governs the "Pueblo Magico" program.

There must be a real estate agent who visits this site who is familiar with this.

ferret wrote:Rosa Venus on this site. Send a pm because Rosa Venus only checks in once in a while but the pm will send an e-mail of notification that there is a pm.

Thanks so much for the advice.  I will do it, if I have the privilege.  I just registered today.

ferret wrote:Rosa Venus on this site. Send a pm because Rosa Venus only checks in once in a while but the pm will send an e-mail of notification that there is a pm.

I successfully sent a PM to Rosa. Thanks again.

He will know for sure. I bought my house over 9 years ago and nothing stays the same when it comes to the government. Best of luck!

brigitte wrote:Many Tapatios have homes in Mazamitla so a notario from Guadalajara is fne..
I do not know what the rules are now because I do not follow them since we are now Mexicans but when we bought Lakeside and in Chiapas we had to have a permot from SRE to buy as we were foreigners. I stayed like a month in Chiapas to get all the papers together for the closing so the answer s that it takes or took less than a month to get the permit. In Ajijic the realestate office did the work , in Chapas I took the papers to SRE..

Very interesting, especially the part about your agent taking care of it in the GLD area. Thanks.

The "permiso" you're referring to is a simple formality. Every single foreigner who buys property direct deed in Mexico has to file one. All of you who bought homes in this area did it, you just don't remember. It was just one more piece of paper that was put in front of you and you signed it. (If you look through your original deed you'll find a copy buried in the back. Or at least you should!) Basically it just declares that you agree, with regard to the property, to be treated as if you were a Mexican citizen and abide by Mexican laws. Your Notario should handle this for you. It's part of their preparing the documents to close. Just make sure you sign it the same way your signature appears on your passport.

It's possible this step isn't necessary when buying property at the beach since technically, the property is owned inside a trust/fideicomiso and not by the individual. I don't know.

Rosa Venus wrote:
The "permiso" you're referring to is a simple formality. Every single foreigner who buys property direct deed in Mexico has to file one. All of you who bought homes in this area did it, you just don't remember. It was just one more piece of paper that was put in front of you and you signed it. (If you look through your original deed you'll find a copy buried in the back. Or at least you should!) Basically it just declares that you agree, with regard to the property, to be treated as if you were a Mexican citizen and abide by Mexican laws. Your Notario should handle this for you. It's part of their preparing the documents to close. Just make sure you sign it the same way your signature appears on your passport.

It's possible this step isn't necessary when buying property at the beach since technically, the property is owned inside a trust/fideicomiso and not by the individual. I don't know.

Thank God for your expertise, and your help. I sent you a private message asking if my agent can call you. I assume that you speak Spanish, because she speaks no English.

I want to thank all of you who contributed.  You have demonstrated how valuable a site like this can be.

Hi pvfederico. You sent me another pm so I'll answer what I think are the crux of your questions here in the thread in case it helps others. All your questions seem directed toward "I'm very busy here in Barra de Navidad. What's the most convenient way for me to close on these lots in Mazamitla?".

pvfederico wrote:
4) How long must I wait for approval?

The SRE permiso can be accomplished in one day so long as you sign it in Guadalajara in the morning and they process it at SRE that day before the SRE office closes. (That is, of course, unless there's a holiday involved, or a computer problem or whatever glitch.)

6) Is there an agent or attorney who can do this for me?  I'm very busy with my home in Barra de Navidad right now, and it's more cost effective to pay a professional -- due the cost of travel and stay in Guadalajara.

You can sign/give someone a limited Power of Attorney and they can execute any paperwork on your behalf to close.

Every closing is different. I don't know the particular details of yours. If there are other requirements you need to satisfy I'm not privvy to that information. As the buyer you're paying the closing costs, which include a large Notarial fee. You're also paying your RE agent a commission. They know the details. Ask them what the most efficient, cost-effective way is to close.

At Lake Chapala, we always have to tell buyers who've gone back to the U.S., or Canada, or wherever, that they need to return here a couple of days before the closing to sign additional paperwork, etc. It is normal. Plan on spending a couple nights here before closing. Or, give someone Power of Attorney in advance so you don't need to return.

Bottom line: Buying real estate in Mexico is a bit more involved than ordering a ceiling fan off Amazon.com.mx.

Good luck with your purchase pvfederico! Hope this helped.

Thanks, Rosa.  My questions about the trip to GLD were only related to the permission.  I will physically attend the closing in GLD.  This will be my fourth real estate closing in five years, so I know the routine.  With a good Notario, it's pretty simple, and a land purchase has fewer complications than a home.

Is it possible that my agent can talk to you about the "permiso."  You are Mexican, and speak Spanish, right?

pvfederico wrote:Is it possible that my agent can talk to you about the "permiso."  You are Mexican, and speak Spanish, right?

I speak passable Spanish, but I'm not Mexican. No, I am not interested in speaking to your agent. Sorry if that sounds harsh, but the truth is, I don't know anything about buying land in Mazamitla. There very well may be differences than locally. I work at the lake and have resources here to ask questions if I don't know the answers. I reccommend you to rely on the professionals you've already hired.

I only entered this conversation to answer the SRE "permiso" question. Like I said, YES, you have to sign it BEFORE the closing or give someone else the power to sign it on your behalf.

I'm done now. Good luck!!

Relax, Rosa. I would never have asked you for anything, had I Known that you were an Anglo.

Just for record, I've never asked you anything about buying land in Mazamitla -- only about the permiso.

Thanks for your input.

I just returned to Barra de Navidad from GLD last night, and can now explain what happened to me regarding the permiso that all non-Mexican citizens must get in order to buy real estate directly in Mexico.

My Notario filled out the document and one of his assistants met me in front of the SRE office with it on Wednesday morning.  (I had previously supplied the notario, via email, with copies of my identification, proof of home address here, etc.)  I signed the application and then left.  The assistant, who had worked at this office of SRE in the past, took all the documents to a friend inside who would supposedly expedite it (thus avoiding a VERY long).

We had planned to close on Friday, but learned on Thursday that the local office has little control over these permisos, because all applications are processed through Mexico City.

So, those who are not already living in GLD should be aware that they need about a week to get this permiso.  In my case, I couldn't wait, so I will return to GLD when my notario has the permiso in hand.

There is no getting around this wait.  I know because I had a very influential Mexican friend go with me to a private meeting at SRE, with the manager of this office (his good friend) and the in-house legal council for the office.  They made it very clear that they had no control over what Mexico City does.

Strange. The SRE permiso is usually processed in a day for clients at the lake. The only delay I've ever experienced was when a client's signature didn't match their passport closely enough. Maybe there's something different or more complicated about your land purchase in Mazamitla. Good luck.

I had to wait 2 weeks in Chiapas for the permiso from the SRE.. I have a feeling the wait depends on the work load, the holiday schedule etc..

Could be. I usually have clients do it shortly after the property goes under contract/long before the closing. Maybe the clients I've had who needed it to be done quickly have just gotten lucky. Who knows.