# HELP PLEASE-Selling House in Mexico



## bouncer1531 (Oct 5, 2011)

Hello,

My parents are natives of Mexico, but legal citizens of USA. We are currently selling our house in Mexico, but are new to the process and cautious of any "foul play".

The house belonged to my father, who has now passed away. His will left everything in my mother's name but we are having trouble finding the "correct" documents they need. We have sent wills, translated to spanish and notarized here in the states. Again, we are new to this and it would appear that we have all the documents requested. My biggest guess is there is something getting lost in translation.

My question is, can anyone inform me of basic procedure and documentation required for this process? What is the role of a lawyer (if any) in this process? Is there any documents I need to create in Mexico?

Any information would be greatly appreciated. Thank you.


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## RVGRINGO (May 16, 2007)

You need a 'Notario', not an abogado (lawyer), for any wills and real estate transactions. Since the house was in Mexico, I trust that your father had a Mexican will. If not, it can get complicated. Did your mother get the property registered in her own name after his death? Delaying that process, because of the cost, is a common fault here in Mexico and can also complicate matters. Often, if heirs don't get themselves to Mexico quickly, and occupy the house, they find that someone else will take posession; a rather easy thing to do. It happened to a home next door to us, when an heir didn't come down, depended upon 'a lawyer', and discovered (after two years of 'complications') that the home had been legally transfered to someone else; actually, a person who did that sort of thing regularly, then remodeled and re-sold the property. So, I suggest that you and your mother come on down and plan to stay for the 'duration' of the ordeal. Even after getting legal title registered, you should have a 'property manager' in place until you effect a sale.


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## bouncer1531 (Oct 5, 2011)

Thanks for the info. He did not have a will. What is usually the next step?


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## RVGRINGO (May 16, 2007)

I assume that you mean that he had a US will, but not a Mexican will. If so, I would imagine that his wife will have to take the death certificate, marriage certificates, IFE identifications, the 'escritura', etc. and go to a 'notario' to make claim to the property. She should do this without delay.


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## bouncer1531 (Oct 5, 2011)

I apologize. You are right in your assumptions. What is IFE? Thank you for your help, it's difficult to fully understand all the terms in Spanish.


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## maesonna (Jun 10, 2008)

IFE is a Mexican voter registration card. It serves as official identification for Mexican citizens. If she has a Mexican passport but no IFE, the passport should serve the purpose.


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## johnleeward (Oct 17, 2011)

*Probate in Mexico*

A Notario will not be able to resolve this for you. Because the will was not executed by a Notario, you will have to go through the Mexican version of Probate in a Juzgado de Primera Instancia. (Court of First Instance). 

The US will, if properly legalized (apostille) and translated will be given effect by a Mexican Judge. Your mother can avoid travelling by issuing a Poder Notarial to a Mexican attorney. 

Regards,

John Lee Ward
Córdoba, Veracruz


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## bigfootbill (Feb 2, 2011)

Noterized in the USA is not the same, get the papers apelsealed at your state capitol
B


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## dongringo (Dec 13, 2010)

johnleeward said:


> A Notario will not be able to resolve this for you. Because the will was not executed by a Notario, you will have to go through the Mexican version of Probate in a Juzgado de Primera Instancia. (Court of First Instance).


Good answer John. 
I would add that the court will take forever.
A smart local lawyer and deep pockets may facilitate dealing with the court.


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## Jreboll (Nov 23, 2013)

Everything has to be done with a Notario this is a lawyer who legalizes all transactions. The buyer and seller after having agreed on terms both go to him and he explains the procedures and all costs involved. Do not trust anyone else to do this for you. Most real estate markets are buyers markets so you must assume that your property is worth more than what they are offering you. This is especially true in small communities.


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## GARYJ65 (Feb 9, 2013)

bouncer1531 said:


> Hello,
> 
> My parents are natives of Mexico, but legal citizens of USA. We are currently selling our house in Mexico, but are new to the process and cautious of any "foul play".
> 
> ...


When you can, send me a PM


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## dongringo (Dec 13, 2010)

Although generally deemed equitable, a notario may or may not be in the pockets of the seller. Hire a lawyer or maybe 2 to verify each document available!


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## DrDave (Oct 22, 2013)

where is the home? i might be interested in buying.


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## ojosazules11 (Nov 3, 2013)

On a related issue, is there a problem if a house/property is in the name of both spouses, and then one spouse dies without having a Mexican will?


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