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What is a fideicomiso? The bank trust explained

Updated February 24, 2026 · 8 min read

If you are buying within 50 kilometres of the Mexican coast, you will almost certainly own your property through a fideicomiso. It is the single most misunderstood — and most feared — part of buying in Mexico, so here is exactly what it is, in plain language.

Aerial coastline of the Cancún hotel zone

What a fideicomiso actually is

A fideicomiso is a trust. A Mexican bank (the fiduciario) holds bare legal title to your property, and you (the beneficiary) hold every right that matters: to live in it, rent it, renovate it, sell it, and pass it to your heirs. Think of the bank as a neutral registrar, not an owner — it cannot touch, sell, or borrow against your property.

The trust runs for 50 years and is renewable indefinitely for another 50 at each expiry. It is not a lease and it is not the government owning your home — two myths that stop people from buying.

What it costs

Expect a one-time setup cost (bank acceptance fee plus the government permit) usually in the range of a few thousand US dollars, and then an annual trustee fee — commonly around US$500–$800 depending on the bank and property value. Fees vary between banks, which is why comparing trustees matters.

These are ongoing but modest costs, and they buy you a clean, transferable, inheritable title inside the restricted zone.

How it is set up

Your lawyer obtains the permit from the Ministry of Foreign Affairs (SRE), selects and negotiates with a trustee bank, and the trust is formalised before a notary public along with the transfer of the property. Naming substitute beneficiaries at this stage is what lets your heirs skip Mexican probate later.

The whole process typically runs alongside the closing and does not add much time when handled by someone who does it regularly.

The mistakes to avoid

Do not let the seller or their agent choose your trustee bank or draft the trust — that is your protection, not theirs. Do not skip naming beneficiaries. And never wire a deposit before title and ownership are verified: the trust is only as safe as the property it holds.

Frequently asked questions

Can the bank take my property?
No. The trustee bank holds only bare legal title and acts on your instructions. It cannot sell, mortgage or occupy the property. If the bank is ever wound down, your trust transfers to another trustee.
What happens after 50 years?
You renew for another 50 years — an administrative step, not a re-purchase. The right to renew is built into the trust.
Can I put the property in more than one name?
Yes. Spouses and co-buyers can all be named as beneficiaries, and you can name substitute beneficiaries who inherit automatically.

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