Lawyer vs Notario?

[georgew]

A while back, 3 or 4 weeks maybe; somebody posted a thread about using a lawyer instead of a notario or a real estate agent for the purchase of property in Mexico. I don't remember who, or exactly what forum, but they stated that they had a dependable lawyer for these transactions. I would like to contact this person to get their lawyers name and number as I am still planning to get some property in the Guad. Chapala, Mazamitla area, and am going there again in February. Can anybody give me a reason to use a lawyer instead of a notario? I thought notario's were lawyers. I need any purchase to be as secure as can be in Mexico. Thanks.

[bajagirl]

Lawyers and Notarios are both Lawyers. But in Mexico, a Notario is higher than a Lawyer. Lawyers are not regulated, but Notarios are lawyers who have worked in the field for a number of years and have applied to become a Notario. Notarios are regulated by the Mexican gov't. and are assigned to a geographic location. They are able to handle all areas of real estate transactions, trusts, etc. If you have problems with a Notario, you can report him to the government and he can lose his license and government position. Notarios will use the Title, such as Antonio Garcia, Notario numero #8, Tijuana. Because they are assigned a geographical area. However, you can use whatever Notario you wish, you do not need to live in that area. Their fees are also regulated by the government, so you are much less likely to get ripped off. I have heard horror stories of people using lawyers for real estate transactions, only to find out none of the paperwork had ever been filed with the courts, or in Mexico City as they all must be sent to, here in Baja. I have used 3 Notarios for different real estate transactions, and none of them had ever asked for any money until the proof of paperwork had been filed and my trust had been handed to me completed. Then they will charge you based on a percentage of the value of the property being purchased. The average cost of the real estate transaction, not including trust fees is usually around $3000,
which includes the appraisal, (proof of taxes paid), Notario fees, property survey, etc. Hope this helps. My advice is always use a Notary.

[erocha]

Would this type of fee ($3000) also apply if one person wants to sign property to another person, like his son? That seem pretty stiff. It is good to know because we were going to go to an attorney in Colima. Appreciate the info.

P.S. The property concerned has never been measured or appraised, is just a father giving his son part of a large piece of propery already occupied by his son and his family. What do you think????

[georgew]

Thank you for the info. I had received the name of a lawyer from the Friends of Jalisco, but he is only a lawyer, not a notario. I will continue to search for a notario in the Guad. Chapala, Mazamitla area. I agree that a fee of 3k IS steep, but I figure that is based on the cost of a property in a resort area? I am looking this trip in Mazamitla, which is not on the coast, but inland mountains, so hopefully the prices, and therefore the fees, should be reasonable. If anybody has used a Notario in that area, that speaks english,( I am not totally fluent in spanish) Would you please inform me? Thanks for your help, G

[font="Comic Sans MS"]Have you ever heard of a lawyer taking a document to a notario publico for processing? I'm wondering whether we got spammed!!! New to Mexonline.com message board! Pat[/FON T]

[bajagirl]

I know the fees sound expensive, but that was paying for the Notario's fees, as well as the appraiser, and papers from the city of Ensenada, showing all of the taxes were paid. I think the Notario's fees were like $1100.00. It is a percentage of the property value. He will then put all of the paperwork together, and submit it to the judge, which signs them and sends them to Mexico City. Once they are wired to Mexico City, the Notario will put everything together in what is called an "Escritura". It is a large notebook, with all of the original paperwork signed, and stamped. You keep this and NEVER give it to anyone. When we went to set up a trust, the bank asked for the "escritura" and the Notario was very clear on only giving them a copy, because the original paperwork cannot be replaced. Banks have a reputation of losing paperwork. Banco Santender lost our receipts that showed we had paid the trust set up fees, and luckily, we had made copies.

As far as one poster had asked about transferring property from Father to son, if they are both Mexican, it is very quick and easy, but still go to a Notary. Our neighbors, who are Mexican bought their home from a Mexican, and he said his total costs to transfer property rights was less than $300.
If you are talking about transferring property from one american father to his son, if the property has a trust and the son is one of the beneficiary's then there is nothing that has to be done. At the time of the father's death,the trust goes directly to the beneficiary(s), as long as the trust fees have been paid yearly to the bank. If the trust fees have not been paid yearly, then the son would be responsible to paying back trust fees, as well as providing the bank with a statement from the city showing all taxes are current on the property as well. Taxes here in Baja are cheap. Our taxes went down once we put a house on the lot, the taxes are around $150.00/year, due January 15th of every year. hope this helps

[georgew]

Thank you Bajagirl, for all of the information. I am still trying to find a notario on the web, but not having much luck. I know that there must be many people on this site that have used one in the past in Jalisco, with good results. If somebody would post a name, or phone number, or web address of their notario, I would appreciate it very much. Thanks

[Quién Soy Yo?]

The chapala.com web forum is a good one for the Guadalajara/Chapala area, and on that website this Notario Publico is listed. Send him an email and see what recommendation he has, if he can't handle the matter himself.