Everything You Need to Know About Fideicomisos (Bank Trusts) in Mexico

Your Complete Guide to Buying Property Safely in the Restricted Zone

Buying property in Mexico—especially in beach destinations like Playa del Carmen, Tulum, or Cancun—often requires using a Fideicomiso, also known as a Mexican Bank Trust. If you’re an American or Canadian investor, this term may feel unfamiliar, but the process is straightforward and fully protected by Mexican law.

Here is the complete breakdown of what a Fideicomiso is, why it exists, how it works, and what you can expect as a foreign buyer.

What Is a Fideicomiso?

A Fideicomiso is a legal trust agreement that allows foreigners to own property in Mexico’s Restricted Zone, which includes:

All land 50 km (31 miles) from the coastline
All land 100 km (62 miles) from international borders

Because Playa del Carmen is on Mexico’s coastline, all foreign buyers use a Fideicomiso to hold title.

Why Does the Fideicomiso Exist?

The Mexican Constitution historically restricted foreign ownership of coastal property to protect national sovereignty. In 1973, Mexico created the Fideicomiso system to allow foreigners to safely purchase real estate while the trust structure preserved constitutional requirements.

Today, millions of foreigners own property through a Fideicomiso, and it is a standard, government-backed process.

How a Fideicomiso Works (Simple Explanation)

It works like this:

You choose any Mexican bank (e.g., Scotiabank, Banorte, Santander).
The bank acts as trustee, holding the title in your name.
You are the beneficiary, which means:
- You control the property 100%
- You can sell, remodel, rent, inherit, or transfer it
- You enjoy all rights exactly like direct ownership

The bank cannot sell, manage, or touch the property without your written instructions. They simply hold it to comply with Mexican law.

Is a Fideicomiso Safe?

Yes. A Fideicomiso is government regulated, backed by federal property law, and enforced by Mexico’s Ministry of Foreign Affairs.

Foreigners have been buying through Fideicomisos for nearly 50 years with no legal issues.

What Does a Fideicomiso Cost?

Costs vary slightly by bank, but here are typical figures:

Initial Setup Fee:

USD $1,500 – $2,500 (one-time)

Annual Renewal Fee:

USD $400 – $700 per year (depending on the bank)

These fees are tax-deductible for rental properties.

How Long Does It Last?

The trust is valid for 50 years
It is renewable indefinitely
You or your heirs can renew continuously

Ownership does not expire as long as renewals are maintained.

Can I Inherit a Fideicomiso?

Yes. You will name primary and secondary beneficiaries in the trust contract. If you pass away, the property transfers immediately—no probate, no court involvement, and no lengthy delays.

This is one of the biggest advantages of Fideicomisos.

Can I Sell a Property in a Fideicomiso?

Absolutely. Selling works the same as any regular real estate transaction. You can sell to:

A foreigner (they take over or create a new trust)
A Mexican national (trust not needed)

The process is simple and well established.

What If I Want to Sell the Property to a Mexican Citizen?

Good news:

A Mexican buyer can opt to take the title out of the Fideicomiso
The transfer process is handled by the closing attorney/notary

This often saves the buyer from ongoing bank fees.

Can I Get a Mortgage on a Fideicomiso Property?

Yes, although most foreign buyers purchase in cash. Mortgage options include:

Mexican banks (stricter requirements)
Developer financing
U.S. or Canadian cross-border lenders

The Fideicomiso does not limit financing options.

Can I Put Multiple Properties in One Fideicomiso?

Yes—if the properties are in the same state.
For example:

You can own several properties in Quintana Roo (Playa del Carmen, Tulum, Cancun) in one trust.
If you buy in another state (e.g., Baja California Sur), you’d need a separate trust.

How Long Does It Take to Set Up a Fideicomiso?

Typical timeline: 30 – 45 days
Your real estate agent and closing attorney usually manage the entire process on your behalf.

Key Advantages of a Fideicomiso

✔ Full ownership rights

✔ Inheritance built in (no probate)

✔ Protected by Mexican federal law

✔ Renewable forever

✔ Easy to buy, sell, or transfer

✔ Allows property rental and commercial use

For foreign buyers, the Fideicomiso is a secure, straightforward, and internationally recognized system.

Common Myths (Debunked)

“The bank owns my property.”

No—you own it. The bank is only the trustee.

“I can lose my property if the bank fails.”

Impossible. Fideicomisos are separate from the bank’s assets.

“It’s leasehold, not ownership.”

Incorrect. It’s full ownership with a renewable 50-year trust formality.

About the Author

Hi, I’m Matt from Nasplaya, your go-to guide for living, investing, and thriving in Playa del Carmen and the Riviera Maya. In 2008 my husband and I quit our jobs in Boston, Massachusetts, sold everything we owned and drove to Playa del Carmen, Mexico to start North American Standards (Nasplaya), our property management, vacation rental and real estate company. Now 17+ years later, I am sharing our experience helping expats and property owners navigate the local market. I share honest insights, practical tips, and insider knowledge to make your move—or your investment—a success.

From finding the best schools and maximizing rental income to understanding local regulations and uncovering hidden gems, my goal is to give you clear, actionable advice you can trust. When I’m not exploring the beaches or scouting the newest rental opportunities, I’m sharing stories, guides, and strategies that help you make the most of life in paradise.

Follow along for expert tips, local updates, and everything you need to live, invest, and enjoy the Riviera Maya to the fullest.

North American Standards (NAS Playa)
Property Management • Rentals • Real Estate
📍 Playa del Carmen, Mexico
🌐 www.nasplaya.com 🔑 Rentals: rentals@nasplaya.com
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