Would you guess when you are making a real estate investment?

By Liliana Elena Gonzalez

@mexatua

Mexatua has opened a FanPage in Facebook. We are offering to answer all of your legal and real estate questions (related to Michoacán properties) for free through our blog, so here it is the first consultation.

Feel free to leave comments at the end of this post or contact us with a different question to get an answer (también en Español).

“I purchased a property from my aunt after my uncle passed away and I’m not sure how to put it in my name. The house was under both my uncle and my aunts name, but he passed away last year. The house is in Morelia, Michoacan. Can I put the house under my name and my husband from here in the United States or do I have to go to Morelia to do the paperwork? I have dual citizenship, however, my husband is just an American citizen. We’re currently getting the paperwork ready for him to become a Mexican citizen”

Thanks in advance for your help.

Rebeca

Questions answered in BOLD:

1.- I purchased a property from my aunt after my uncle passed away.

Do you have a purchase agreement?

2.- Can I put the house under my name and my husband from here in the United States or do I have to go to Morelia to do the paperwork?

You don´t have to come as long as you give power of attorney for me (or whoever else you hired to do the paperwork).

3.- My uncle passed away last year.

Have the heritage trial been done?

4.- My husband is an American citizen.

No problem, he can buy & own with an SRE permit (paperwork).

5.- The title of the house is signed by my uncle.

Then, your aunt did not have the right to sell, unless she has been designated as the heir or executrix of your uncle´s will.

6.- I’m not sure what a heritage trial is so I’m assuming it hasn’t been done.

Opps!

7.- My husband´s parents are both Mexican citizens and we can start the paperwork for him to become a Mexican citizen  when his mother provides all the necessary documents for the procedure.  Is it less expensive if he’s a Mexican citizen?

You could save 5000 pesos (about 400 us). I am sure you are risking a LOT more by not having a title on a property that you have already paid for.

8.- My cousin said that her mom knows that there needs to be a trial opened in order for her to get rights on the house.  My aunts sister works with “bienes y raices” and I guess she’s going to help her get the house under her name in order to transfer it to me.  I guess our grandmother decided that she didn’t want to have both their names on the house when she gave it to my uncle so she just put my uncle’s name on there.

Your case seems a little bit complicated because the seller did not have “the right” to sell. So you are in the position that you have paid for nothing and you are in the risk to lose your investment.

FINAL ADVICE:

Stop guessing and protect your investment. You have to hire an attorney and make sure your aunt´s sister is a professional real estate person.

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