Legal Debt Recovery, Restructuring, and Insolvency for American Banks and Companies Doing Business in Mexico Debt recovery, restructuring, and insolvency can be complex and challenging for American banks and companies that conduct business with Mexican companies. The legal framework surrounding these processes in Mexico can be difficult to navigate, and it's important for American businesses to understand the key differences and unique challenges they may face when dealing with debt recovery, restructuring, or insolvency in Mexico. When conducting business with Mexican companies, it's important for American banks and companies to be aware of the cultural and business differences that may exist. For example, Mexican businesses may have different approaches to negotiation and may place a greater emphasis on personal relationships and trust-building than American businesses. Understanding these differences can help American businesses to build stronger relationships with their Mexican counterparts and to navigate the legal process more effectively. Debt Recovery The process of debt recovery in Mexico can be time-consuming and requires a deep understanding of the legal framework in the country. The Mexican legal system provides several methods for debt recovery, including negotiation, mediation, arbitration, and litigation. In some cases, it may be necessary to engage the services of a local attorney to ensure that the debt recovery process is handled properly. One key aspect of debt recovery in Mexico is the Mexican Civil Code, which governs the rights and obligations of creditors and debtors. The Mexican Civil Code provides that a debt must be paid within a reasonable time period and sets forth the rights of the creditor to recover their debt through the courts if the debtor fails to pay. In addition to the Mexican Civil Code, other Mexican laws, such as the Mexican Commercial Code, also play a role in debt recovery. For example, the Mexican Commercial Code provides for the right of a creditor to demand payment of a debt in writing, and to take legal action if the debtor does not respond within 10 days. Restructuring In the event of a financial crisis, restructuring a debt with a Mexican company may be necessary. This process can be complicated, as the Mexican legal system does not provide for a formal debt restructuring process. Instead, debt restructuring must be handled through negotiation or through the Mexican courts. One option for debt restructuring in Mexico is to reach a negotiated settlement between the creditor and the debtor. This may involve reducing the amount of debt owed, extending the payment terms, or restructuring the debt in a way that is mutually beneficial to both parties. If a negotiated settlement is not possible, the creditor may need to take legal action through the Mexican courts to restructure the debt. The Mexican courts have the authority to restructure debt and to modify the payment terms, but this process can be time-consuming and costly. Insolvency If a Mexican company is unable to pay its debts, it may be declared insolvent. Insolvency in Mexico is governed by the Mexican Federal Civil Proceedings Code and the Mexican Commercial Code. These laws provide for a formal process for insolvency that is designed to protect the interests of both creditors and debtors. The process of insolvency in Mexico typically involves the appointment of a trustee to oversee the process and to distribute the assets of the insolvent company to its creditors. The trustee will also negotiate with the creditors to reach a mutually acceptable resolution to the insolvency. In addition, American businesses should be aware of the legal and regulatory environment in Mexico. This includes understanding the tax laws and regulations that apply to doing business in Mexico, as well as any industry-specific regulations that may apply. It's also important to be aware of the local customs and practices that may impact the way that business is conducted in Mexico. When it comes to debt recovery, restructuring, and insolvency, American businesses should be prepared to invest time and resources in the legal process. This may involve engaging the services of a local attorney who is familiar with the Mexican legal system and who can provide guidance and representation throughout the process. By working with a local attorney like De Hoyos Avilés, American businesses can ensure that they are following the correct legal procedures and that their interests are being protected. To conclude, debt recovery, restructuring, and insolvency can be complex and challenging for American banks and companies that conduct business with Mexican companies. However, by understanding the Mexican legal framework, seeking the assistance of experienced legal counsel, and being aware of the cultural and business differences that may exist, American businesses can effectively navigate these processes and protect their interests. It's important for American businesses to understand the key differences and unique challenges they may face when dealing with debt recovery, restructuring, or insolvency in Mexico.

Real estate is an essential industry in Mexico, attracting foreign investors and contributing significantly to the country's economy. However, investing in real estate in Mexico involves navigating a complex legal landscape. In this blog post, we'll explore the legal aspects of real estate in Mexico, including property ownership, taxes, and the process of buying and selling real estate. Property Ownership in Mexico In Mexico, property ownership is divided into two categories: ejido and private property. Ejido land is communal property, typically owned by indigenous communities, while private property is land that can be bought and sold. It's important to understand the difference between these two types of property ownership, as the legal requirements for buying and selling each type can differ significantly. Foreigners are generally prohibited from owning property within 50 kilometers of the coast or 100 kilometers of the country's borders. However, there are ways to invest in these areas through a Mexican corporation or a trust called a fideicomiso. Taxes As with any real estate investment, taxes are an essential consideration when buying property in Mexico. In Mexico, property taxes are known as predial, and they are calculated based on the assessed value of the property. In addition to property taxes, buyers and sellers must also pay a transfer tax (Impuesto sobre la Transmisión de Bienes Inmuebles or ISAI), which is typically between 2% and 5% of the property's assessed value. The Process of Buying and Selling Real Estate in Mexico The process of buying and selling real estate in Mexico is similar to that in other countries, but there are some unique legal requirements that must be met. For example, the contract must be in Spanish, and both parties must sign the contract in the presence of a notary public. Additionally, buyers and sellers must obtain a certificate of no liens (Certificado de Libertad de Gravamen) from the Public Registry of Property. This certificate confirms that there are no liens or encumbrances on the property that could prevent the sale from proceeding. However, there are some unique legal requirements that must be met. Here's a brief overview of the process: Offer and Acceptance: The buyer makes an offer to purchase the property, which the seller can either accept or reject. Due Diligence: Once the offer is accepted, the buyer typically has a certain period to conduct due diligence, such as reviewing property records and obtaining a property survey. Contract Signing: Once due diligence is complete, both parties sign a contract that outlines the terms of the sale, including the purchase price, payment schedule, and closing date. Closing: At closing, the buyer pays the purchase price and any applicable taxes and fees. The seller transfers ownership of the property to the buyer, and the transaction is complete. Property Ownership in Mexico: Ejido vs. Private Property As mentioned earlier, property ownership in Mexico is divided into two categories: ejido and private property. Ejido land is communal property, typically owned by indigenous communities. It's important to note that ejido land cannot be bought or sold, and any use of this land must be negotiated with the local ejido community. Additionally, ejido land is subject to restrictions, such as limits on the amount of land that can be used for agricultural purposes. On the other hand, private property can be bought and sold, but there are some restrictions on foreign ownership. Foreigners are generally prohibited from owning property within 50 kilometers of the coast or 100 kilometers of the country's borders. However, there are ways to invest in these areas through a Mexican corporation or a trust called a fideicomiso. A fideicomiso is a trust that is created when a foreigner wants to purchase property in the restricted zones. The trust is managed by a Mexican bank, and the foreigner is the beneficiary of the trust. The bank holds legal title to the property, but the beneficiary has all the rights of ownership, including the right to use, sell, or mortgage the property. The trust has a term of 50 years and can be renewed for an additional 50 years. Taxes In addition to property taxes and the transfer tax, there are other taxes that buyers and sellers must be aware of when buying or selling real estate in Mexico. For example, if the seller is a foreigner, they may be subject to capital gains tax on the sale of their property. The capital gains tax rate is generally between 25% and 35%, depending on the seller's tax status. Buyers and sellers must also be aware of the value-added tax (VAT), which is a tax on goods and services. The VAT rate in Mexico is 16%, and it applies to the sale of new properties by developers or contractors. Process of Buying and Selling Real Estate in Mexico Investing in real estate in Mexico can be a lucrative opportunity, but it's important to understand the legal aspects involved. Property ownership, taxes, and the process of buying and selling real estate are all essential considerations. By working with a knowledgeable real estate attorney and conducting thorough due diligence, investors can navigate the legal landscape of real estate in Mexico successfully.

Trust and Estates planning and how to common topics, mainly related to the following interests: For Americans who have some heritage in Mexico, whether it is a house in Los Cabos or any beach destination, or perhaps an industrial facility. For Mexicans, that have immigrated to the USA leaving and their parents or their grandparents have left a house, and they would like to recover the estate. Estate and trust administration is the process of managing a deceased individual’s estate, ensuring that their wishes are fulfilled as laid out in the will or trust. As this process involves dealing with complicated legal matters such as taxes, debts, asset distribution and other issues related to the deceased’s estate. It is always better to get advice from one of the most reliable law firms in México, like De Hoyos Avilés because the process can also involve fulfilling any other obligations that were outlined in the will or trust. Upon the death of an individual, their estate may be handled through a court process known as Probate. Probate is a legal procedure by which transfer of ownership of the deceased's assets is facilitated to the beneficiaries. The probate estate includes exclusive assets of the decedent, such as a bank account in their name only, a retirement fund with no one else's name on it, and even a house they shared with someone but held individually. Trusts and estates are legal structures that are designed to protect the interests of individuals and their loved ones. A trust is a legal agreement between a trustee and a beneficiary, while an estate refers to the total property, assets, and liabilities of an individual that are left behind after their death. Trusts and estates can be complex legal issues, and understanding their legal aspects is crucial for anyone who wishes to protect their financial interests and provide for their family after they are gone. One of the key legal aspects of trusts and estates is the role of the trustee. The trustee is the person or organization responsible for managing the trust's assets and distributing them to the beneficiaries according to the terms of the trust. The trustee has a fiduciary duty to act in the best interests of the beneficiaries and to manage the trust's assets prudently. This means that the trustee must make informed decisions about investments and distributions, and must not use the trust's assets for personal gain. Another legal aspect of trusts and estates is the role of the executor. The executor is the person or organization responsible for administering the estate of a deceased individual. This includes paying off any debts, distributing assets to heirs, and handling any legal issues that arise during the probate process. The executor has a fiduciary duty to act in the best interests of the beneficiaries and to follow the wishes of the deceased individual as expressed in their will. One of the key benefits of trusts and estates is that they can be used to minimize taxes and protect assets. For example, a revocable living trust can be used to avoid probate and reduce estate taxes. By placing assets in a trust, individuals can ensure that their assets are distributed to their beneficiaries according to their wishes, and that their assets are protected from creditors and other legal claims. There are several different types of trusts that can be used to achieve specific goals. For example, a special needs trust can be used to provide for the needs of a disabled beneficiary without affecting their eligibility for government benefits. A charitable trust can be used to donate assets to a charitable organization while also providing tax benefits to the donor. Trusts and estates can be complex legal issues, and it is important to work with an experienced attorney to ensure that your wishes are properly documented and that your assets are protected. An attorney can help you create a comprehensive estate plan that includes a will, trust, power of attorney, and other legal documents to ensure that your wishes are carried out, and your assets are protected. In conclusion, trusts and estates are important legal structures that can be used to protect the interests of individuals and their loved ones. Understanding the legal aspects of trusts and estates is crucial for anyone who wishes to protect their financial interests and provide for their family after they are gone. Working with an experienced attorney can help ensure that your wishes are properly documented and that your assets are protected.

Monterrey, Mexico. October 2022. We are delighted to announce that Ivonne Aguilera, partner of the firm based in Ciudad Juárez, has been elected as Mexico chair of the U.S.- Mexico Bar association for the 2023-2024 term. Founded in 1994, this binational bar has the purpose to develop and promote understanding of the legal systems and practices and cultural differences; to exchange professional information among its members, concerning issues of law that affect common interest. The bar groups outstanding practitioners of law firms, in-house counsels, academics, and law students from the USA and Mexico. The bar seeks to interconnect with attorneys in private practice as well as those serving the judicial systems or governments of both countries, to enrich the knowledge of all the members. This announcement was made in the framework of the USMBA annual conference held in Monterrey on October 26th through 28th. Ivonne replaces Guillermo Gonzalez, a partner at Hogan Lovells (Monterrey). Charlie Meacham of Foley & Lardner will continue as Chairman of the US section. Also elected as vice president for the Mexican section is Pablo Miranda of Samano Abogados. Ivonne is a seasoned lawyer, with two decades of experience in Corporate, M&A, real estate, and compliance. She joined the firm in 2020 opening our Ciudad Juarez office and was appointed partner in 2022. She obtained his J.D. from Chihuahua University and an LLM from University of Texas at Austin- School of Law. Ivonne Aguilera said: “It is an honor to be elected as USMBA Mexico chair. I offer to continue serving the bar, a service that started with my work as Board Secretary. This new responsibility provokes in me a deeper commitment to continue my career with enthusiasm and dedication in the benefit of all members of the bar. This is a moment to celebrate diversity and inclusion in the profession, as more women occupy leadership positions”. About DE HOYOS Y AVILES Founded in 1964 in Monterrey, State of Nuevo León, by Gustavo de Hoyos-Guevara. The firm has over 55 years of experience in Complex Litigation, Business Law, and Real Estate. With offices in Mexico City, Guadalajara, Tijuana, Mexicali, Los Cabos, Reynosa-Matamoros, San Luis, R.C. and Ciudad Juárez, the firm has an experienced team and nationwide coverage in the country’s most important cities. From any of such cities and having a wide network of correspondents in the country, the firm can provide services to its clients in any place in Mexico.

Read Article We are delighted to announce the recent incorporation of experienced trial litigator Homero González as a partner of De Hoyos y Avilés at the office in Mexico City, who focuses on complex commercial litigation and arbitration. We are certain that his experience will add value to our firm. Prior to joining De Hoyos y Avilés, Homero worked as a Senior Associate at Von Wobeser y Sierra, from 2010 until 2022. As well, Homero worked as a Senior Associate at law firm Cervantes Sainz in Mexico City, and he has also worked as Clerk in Federal Courts for almost eight years, in which he oversaw amparo procedures, commercial and civil procedures, also he was in charge to draft Judgments, injunctive orders and final rulings in amparo procedures, commercial and federal civil procedures. Homero Gonzalez earned his J.D. from Universidad Nacional Autonoma de México. He has studied a master’s degree in Legal Argumentation at Alicante University in Spain, and he has a second master’s degree in International Business Law at Universidad Iberoamericana (IBERO) in Mexico City. He also studied a Diploma in International Arbitration in Escuela Libre de Derecho. Jorge E. de Hoyos Walther, the firm’s managing partner, explained: "We welcome Homero to our Mexico City office. Homero is a seasoned litigator with more than two decades of experience. Our litigation team is strengthened by his arrival and knowledge of the federal court system." Homero focuses his practice on administrative, civil and commercial litigation, arbitration, appeals, class actions, torts, partnership disputes, antitrust litigation, copyright litigation, complex contract disputes, and consumer protection and advertising. His experience allows him to prepare and execute strategies in these matters. Homero has been involved in commercial litigation and arbitration related to public infrastructure projects, energy projects, and intellectual property questions. He is a member of the National Association of Business Lawyers (Asociacion Nacional de Abogados de Empresa ANADE), member of the Mexican Bar Association (Barra Mexicana de Abogados) and member of the International Bar Association. About DE HOYOS AVILÉS De Hoyos Avilés was founded in 1964 in Monterrey, State of Nuevo León, by Gustavo de Hoyos-Guevara. The firm has almost 60 years of experience in Complex Litigation, Business Law, Real Estate, Wealth planning, Family law, Corporate and M&A. With offices in Mexico City, Guadalajara, Tijuana, Mexicali, Los Cabos, Ciudad Juárez, Reynosa, Matamoros and San Luis R.C., the firm consolidates its team and nationwide coverage in the most important cities of the country. From any of such cities and having a wide network of correspondents in North and South America, the firm can provide fast, efficient and coordinated services throughout the continent.

We are delighted to announce the recent appointment of Ivonne Aguilera as a partner of the firm at the office in Ciudad Juárez, Chihuahua. Ciudad Juárez is the sixth city in population in Mexico, and along with El Paso, TX, forms the second binational metropolitan zone in Mexico. Ivonne Aguilera-Gonzalez earned her J.D. from Universidad Autonoma de Chihuahua in 1995 and her master’s degree (LL.M) from the University of Texas at Austin (2006). Ivonne, an accomplished Corporate M&A attorney, has concentrated her practice in cross-border transactions, real estate, commercial contracts, banking, and corporate compliance. She has been recognized by the Latin American Corporate Counsel (LACCA Approved) from 2014 through 2021 as a leading Corporate attorney for Mexico. A member of the National Association of Business Lawyers (Asociacion Nacional de Abogados de Empresa ANADE) for two decades now and Board Secretary of the U.S.-Mexico Bar Association since 2019, she has been serving the Ciudad Juárez community for many years through various leading roles in non-profit associations supporting culture, entrepreneurs, and technology. Ivonne is bilingual and bicultural (Mexico-USA) and is professionally fluent in French. Powered by Wixus - Digital Marketing

México - De Hoyos y Avilés - New Office in Los Cabos. We keep growing along the Baja California peninsula. As of August 15, 2022, our offices in Los Cabos, Baja California Sur, will be located at Carretera Transpeninsular km. 24.5, Bv. Cerro Colorado, Cuarto Piso. Interior 127 B, San Jose del Cabo, 23400. Our firm has the largest geographical coverage throughout the Baja Californian peninsula, with offices in Tijuana, Mexicali, Los Cabos, and with coverage and service in the cities of La Paz, Loreto, Ensenada and Playas de Rosarito. We frequently work in coordination with U.S. and Canadian firms to provide an integral service to our North American clients with investments in the Californias. The Los Cabos office focuses primarily on real estate, commercial and tax law. We have extensive experience in Real Estate Trusts, Contracts, Real Estate Developments, title insurance, probate and closing transactions. The attorneys in the transactional practice group grew up on the U.S.-Mexico border, are bilingual and bicultural. The Los Cabos office works in close coordination with our team in Mexico City, Tijuana, Mexicali, Ciudad Juárez and Guadalajara to achieve the greatest efficiency for clients. Jorge E. de Hoyos Walther, leader of the litigation group, has more than 30 years of experience as a litigator in Federal and State Courts. Recently, our litigation group in the market was strengthened with the addition of Ivan Hernandez Pérez, attorney from our Mexico City office, who recently moved to the town. We welcome him and his family to this City. With his enthusiasm and experience, our clients will be better served. For more information, visit our website or write to us at contacto@dha.mx or just talk to our secretary here.

Jorge De Hoyos, managing partner at the Law Firm DE HOYOS AVILES announced today the opening of its office in Ciudad Juárez, the sixth city in population in Mexico. MEXICO CITY, MEXICO, October 5, 2020 / De Hoyos Aviles, one of the best Law Firms in Mexico, announced today the opening of its new office in Ciudad Juarez, State of Chihuahua. Ciudad Juarez is the sixth city in population in Mexico, and along with El Paso, TX, Borderplex forms the second bi-national metropolitan zone in Mexico, only behind of the San Diego-Tijuana zone, where DHA has operations too. The office will be headed by Ivonne Aguilera-Gonzalez. Ivonne earned her J.D. from Universidad Autonoma de Chihuahua in 1995 and her master’s degree (LL.M) from the University of Texas at Austin (2006). She was in-house counsel at HSBC from 1994 through 1999, senior associate with Baker McKenzie (2000-2013) and partner at EC Legal Rubio Villegas (2013-2020). She focuses her practice in Business Law, Mergers & Acquisitions and Compliance. Furthermore, she speaks fluent English and French (intermediate). Jorge E. de Hoyos-Walther, managing partner of the firm, explained: “For years we have friends and important clients in the State of Chihuahua. In the last few months, our services growth in demand in the Chihuahua State, so we decided that it was the right moment to open an office, to consolidate our presence in Juarez-El Paso zone. Ivonne is a seasoned lawyer, knows the area and perfectly understands the business sector.” Ivonne Aguilera, director of the DHA Juarez office, said: "I am excited with this new project. With the opening of this office, we will consolidate the leadership of DHA in northern Mexico. The contact network of the firm in Texas and New Mexico will be a major help. The expertise of the DHA litigation practice group will strength the corporate practice." About DE HOYOS AVILES DHA was founded in 1964 in Monterrey, State of Nuevo León, by Gustavo de Hoyos-Guevara. The firm has over 55 years of experience in Complex Litigation, Business Law and Real Estate. With offices in Mexico City, Guadalajara, Tijuana, Mexicali, Los Cabos and now in Ciudad Juarez. DHA consolidates its team and nationwide coverage in the most important cities of the country. From any of such cities and having a wide network of correspondents in the country, our team can provide services to its clients in any place in Mexico. Jorge E. de Hoyos De Hoyos y Aviles 5 552 800 082 Contact us. Visit us on social media: Facebook Twitter Powered by Wixus

We have over 50+ years of experience in real estate in Puerto Vallarta, Tulum, Cancun, Los Cabos and Guadalajara. In addition to our legal expertise, we have a dedicated team of professionals who have been with us for a long time. The Law Firm of Hoyos y Avilés is made to assist you in any legal matter concerning real property, mortgages, real estate, or construction. We are committed to providing our clients with the best possible legal service. De Hoyos Avilés Law Firm Services Can Assist You with the 11 Steps To Closing A Real Estate Deal: 1. Hire a Lawyer who specializes in Real Estate. It is always better to have a professional legal opinion on your closing documents. The complex language used in real estate contracts can be difficult to understand, even for those who have attained a higher level of education. For a reasonable fee, an opinion from an experienced real estate attorney can help to provide clues about potential problems. 2. Understand Real Estate Paperwork. Once you’re done with all the required paperwork, you should read all of it yourself. If you do not understand anything, seek the help of a real estate attorney. Your agent will also be able to provide insight into the legal jargon. 3. Open an Escrow Account. An escrow account is an account where you put your money and the money of your clients, and it is held in trust until a certain event happens. A real estate transaction is a formal process that requires a number of steps to be done in a particular sequence. By having a third party hold the money and documents until the deal is done, we can prevent either the seller or the buyer from being cheated. The third-party can be a bank or a broker. The money and documents are moved to the seller and buyer once the deal is done. 4. Title Search and Insurance. A title search is an examination of public records to determine and confirm the legal ownership of a property, and to find out if there are any other claims on the property. If there are any claims on the property, they may need to be resolved before the buyer can purchase the property. Title insurance is an insurance policy that protects those who are interested in purchasing real estate against financial loss in the form of liens, encumbrances, and title defects. Title insurance is also known as “indemnity insurance”. 5. Complete the Home Inspection form. A home inspection is necessary to inspect the property and determine its condition. If there are potential problems with the house, you will have the opportunity to back out of the deal or ask the seller to fix it. If the seller agrees, you will have the option to have them pay you to fix it. You can also negotiate a price that includes a home-inspection contingency. 6. Get a Pest Inspection. A pest inspection is a special inspection that is undertaken by a pest expert who tests to see if there are any insects, rodents, or even rodents living in your house. Pests can be devastating if they are found in your house. Mortgages often require that even minor infestations be fixed before the deal can be closed. Pest inspections are legally required in some states and optional in others. The inspection is the first step in discovering if there are any problems with a property. It is important to note that the seller will pay for the inspection, regardless of whether you decide to purchase the property. You should be able to eliminate the problem. If you are not able to do so, you can negotiate with the seller for a lower price. 7. Re-negotiate the Price and Costs of the House. Even if the seller has already accepted your offer to purchase the house, you may want to explore the possibility of renegotiating the price to reflect the cost of any necessary repairs revealed by inspections. You could also keep the purchase price the same, but ask the seller to pay for any repairs. Even if the purchase price has already been agreed upon, there is no harm in asking. You can still back out of the deal without penalty if a major problem is found that the seller can't or won't fix. 8. Lock in the interest rate for the long term. It is recommended that you lock in the interest rate for the loan in advance. This will help to prevent you from being at the mercy of the market fluctuations. If a rate hike occurs, you can be sure that your monthly payments will rise significantly. Even a 0.25% rate hike can have a profound effect on your monthly payments and the amount of time it takes to repay the mortgage. 9. Get rid of Contingencies. A contingency must be moved out by a specific date indicated in the purchase offer, known as active approval. While some purchase agreements include a clause that allows the buyer to approve a contingency by a certain date, there are others in which contingencies are approved if the buyer does not protest them by the specified deadline. However, buyers must understand the approval process and take the necessary actions by the required dates. 10. Understand Funding Requirements. If you are purchasing a home, you most likely deposited earnest money with the seller to indicate your good faith. Earnest money is a deposit made to the seller as compensation or as a penalty. Earnest money is returned to the buyer if he or she decides to back out of the deal. If the seller backs out, the money is returned to the buyer. To complete your purchase, you may need to deposit additional funds in escrow. You need to make sure you have the right down payment in place before you close the deal. If you fail to make good on the purchase of a home or a car, you could be charged for the services you used before the deal fell apart, including the earnest money. Furthermore, you could still be charged for the various services you used before the sale fell apart. 11. the Last step to buying a House. Before signing the final papers, make sure that you look at the home one more time. You need to ensure that there are no repairs needed or that no damage has occurred since your last home inspection. Also, ask the seller about any repairs that need to be completed and that the sellers have completed. Finally, make sure that nothing in the purchase agreement has been removed. The closing process can take anywhere from one week to 60 days, depending on the type of property and whether you are getting a mortgage or making an all-cash purchase.

When selling or buying a house, you need to find someone with experience in real estate law & closing services, who is capable of manage the legal aspects of a property transaction in the shortest time possible. Choosing the right lawyer when you sell or buy a house is not an easy task. Before hiring a real estate lawyer, you need to make sure that he is expert in real estate matters. You have to make sure that he/she is experienced in real estate legislative topics and has done many successful real estate transactions before. Many people living outside Mexico have stayed away from investing on the real estate in Mexico due to the lack of information about how to buy a property in Mexico. First, you have to know that buying a house in Mexico as a foreigner is different from it is for a Mexican. Recently, Mexico has made several revisions to its real estate laws to expand the market for foreign investment. Mexico now allows foreigners to purchase real estate throughout the country, rather than just in the country's border cities. While the law is not something that changes overnight, the current trends and court decisions have a bearing on your legal practice. To help you better understand the latest legal developments, De Hoyos Aviles, with more than 50 years of experience, is the best Law Firm to give you Legal Advice regarding any Real Estate & Closing Services business concern in Los Cabos, Mexico. About Los Cabos, México Los Cabos is located at the tip of Baja California Sur in Mexico. The city has a population of approximately 180,000. It is the second-largest city in Baja California Sur. Los Cabos is a popular vacation location for both Mexicans and foreigners. What is a real estate purchase transaction? A legal real estate transaction (Closing Services) is a transaction that involves the sale or purchase of real property. It is governed by the laws of the State in which the property is located. A Real Estate Purchase Agreement is a legally binding agreement that details the conditions of the sale of a property. The document is typically between the buyer and seller. Closing Services Definition. Closing services means services performed in connection with the providing of financing assistance. Closing services includes, but is not limited to, appraising property and preparing credit reports. Closing services does not include a service performed after the providing of financing assistance. Can an American citizen inherit property in Mexico? Yes, any property owned by a foreigner (using a FIDEICOMISO) can be transferred to their beneficiaries after death. The best way to protect your property is to have a will, which can either be a foreign will or a Mexican will. The Restricted Zone To begin with, according to the article 27 of the Mexican Constitution, a foreigner can't directly acquire a property within 50 km from the water and 100 km from the border. This area is recognized as the restricted zone. However, Mexican's law allows foreigners to acquire a property in the restricted zone through a Fideicomiso (trust). If you need more information, contact De Hoyos y Avilés, and we'll advise you legally. Can the Mexican government take your property? If the property has was bought legally, The Mexican government has no legal right to take the property, nor do they want to discourage tourism or foreign investments. Under the North American Free Trade Agreement, NAFTA, Mexico may not directly, or indirectly, expropriate property except for a public purpose Real Estate Legal Advises: Perform due diligence on the chain of title before buying. Our firm has extensive experience in this type of due diligence. Buy title insurance. We have relationships with the two main companies offering this service in Mexico. Beware of scammers. Scammers proliferate and contact property buyers by email, offering wonderful deals. Our advice, if it sounds too good, it may be a scam. It is best to consult your lawyer. Only a Mexican Lawyer can give you support on Mexican Law. Set up the contract and check up on the terms of the transaction. Submit the legal documents to the Ministry of foreign Affairs. Verify the seller documentation. Review the plans of the property. Confirm that the property may be titled. Obtain an active cadastral (property survey) Confirm that the property Taxes are already paid. Query: Cabo, Los cabos real estate, los cabos real estate Law Firm, los cabos real estate Lawyer, los cabos Mexico real estate lawyer, Cabo San Lucas

DE HOYOS- AVILES opens offices in Tamaulipas. Ernesto Velarde Danache joins the firm as Of Counsel. Matamoros. Tamaulipas. Mexico. March 2022. (see event pictures) DE HOYOS-AVILES is pleased to announce the opening of two offices in Tamaulipas (Reynosa and Matamoros), as well as the strategic alliance with Ernesto Velarde Danache, who will join DE HOYOS AVILES as Of Counsel. Jorge E. de Hoyos Walther, Managing Partner, explained: "This alliance with Ernesto Velarde Danache will allow us to have offices in Reynosa and Matamoros, in the State of Tamaulipas. With this, our firm becomes the undisputed leader along the U.S.-Mexico border. Ernesto Velarde Danache commented: "For 35 years I have focused my practice on advising foreign companies. This synergy allows us to extend our reach to Baja California, Baja California Sur, Sonora, Chihuahua, Jalisco and Mexico City, entities where De Hoyos-Aviles already has operations. Gustavo A. de Hoyos Walther, former president of COPARMEX said: “We have many clients and friends in Tamaulipas. Ernesto Velarde Danache has a strong presence in the north of Tamaulipas and in the State of Texas. His international experience will be a great contribution to this project, with which we consolidate our alliances with important companies in the southern border of the United States. DE HOYOS AVILES background De Hoyos y Aviles was founded in 1964 in the city of Monterrey, Nuevo Leon, by Gustavo de Hoyos Guevara. The firm has almost 60 years of experience in litigation, real estate, labor, banking, corporate, mergers, and acquisitions. De Hoyos Aviles will now have six offices along the northern border of Mexico, covering the states of Baja California, Sonora, Chihuahua, and Tamaulipas. With additional offices in Los Cabos, Guadalajara and Mexico City, the law firm consolidates its position as a leader in the North and West of Mexico. Velarde Danache's background: Ernesto Velarde has forty years of experience as an attorney. His practice focuses on corporate, labor, commercial and real estate transactions. He studied law at the Universidad Regiomontana (1978-1982) and has an MBA from the University of Cambridge (1982-1984). Ernesto has experience in international transactions, and in addition to Spanish, he is fluent in English, French, and Italian.

There is a legal provision for copyright owners known as "reservation of rights" which allows them to prevent others from using their works without permission. Through an agreement issued on December 8 in the Official Gazette of the Federation, the National Institute of Copyright (INDAUTOR) determined the legal frame for the online submission, procedure, and declaration of application program for the enrollment and copyright of original works. The intention is to allow for the filing of the copyright documents electronically. This is an official registration certificate obtained from the Instituto Nacional de Derechos de Autor (INDAUTOR) which is the appropriate form in the Mexican legal framework to protect creative works: Titles of serial publications, whether printed or electronic. Names of TV or radio shows. Artistic names of individuals or groups. Original advertising formats. For further legal Information, you can request a meeting with our Virtual Secretary clicking here, or call De Hoyos y Avilés from Mexico and USA, or just visiting our Law Firm offices in Mexico What is the Copyright? "Copyright"; It is a human right (fundamental for the dignity of the person) and also a recognition that in Mexico the state makes in favor of the authors who create literary and artistic works that are original by such creators, from the moment they fix their work (its original creation) on a physical medium (without the need for registration). So that they enjoy various exclusive copyright (moral and patrimonial); with the last of safeguarding and promoting the cultural heritage of the Nation, that is, with the purpose of encouraging the production of literary and artistic works. Through an agreement issued on December 8 in the Official Gazette of the Federation, the National Institute of Copyright (INDAUTOR) determined the legal frame for the online submission, procedure, and declaration of application program for the enrollment and copyright of original works. The intention is to allow for the filing of the copyright documents electronically. What type of works does the Federal Copyright Law protect? Radio and television programs Computer programs Photographic Works of applied art Literary Musical, with or without lyrics Dramatic Art Pictorial or drawing Sculptural and plastic character Caricature and cartoon Architectural Cinematographic and other audiovisual works What does the Federal Copyright Law not protect? The ideas themselves, the formulas, solutions, concepts, methods, systems, principles, discoveries, processes and inventions of any kind. The industrial or commercial use of the ideas contained in the works. The schemes, plans, or rules to carry out mental acts, games or businesses; Isolated letters, digits or colors. Isolated names and titles or phrases. The simple formats or blank forms to be filled with any type of information, as well as their instructions. Reproductions or imitations, without authorization, of coats of arms, flags or emblems of any country, state, municipality or equivalent political division, nor the denominations, acronyms, symbols or emblems of international governmental or non-governmental organizations, or of any other officially recognized organization, as well as their verbal designation. Legislative, regulatory, administrative or judicial texts, as well as their official translations. In case of being published, they must adhere to the official text and will not confer exclusive editing rights. However, concordances, interpretations, comparative studies, annotations, comments and other similar works that involve, on the part of their author, the creation of an original work will be subject to protection; + The informative content of the news, but its form of expression, and + Information in common use such as proverbs, sayings, legends, facts, calendars and metric scales. For INDAUTOR FAQs, please visit https://www.indautor.gob.mx/preguntas-frecuentes-generales.php What is the Function of the Public Registry of Copyright? The purpose of the Public Registry of Copyright is to guarantee the legal certainty of the authors, the holders of related rights and the holders of the respective patrimonial rights and their successors in title, as well as to give adequate publicity to the works, acts and documents through your registration. INDAUTOR - Online registration Steps Entry of petitions and related promotions will be taken out through the INDARELIN, a service mode for the registration of works, phonographs, videograms, and books through formats with the same legality as a face-to-face registration. Requirements for the submission are available at: https://www.indautor.gob.mx/tramites-y-requisitos/registro/registro_obras.php To access INDARELIN, you must create an account at: https://sindautor.cultura.gob.mx The online process is optional, but once the procedure has started, it cannot be switched to the face-to-face mode. You can send requests for registration and promotions at any time of the day, every day of the year. You'll receive an order ID number to process your order in the next days. You have to declare under curse that the files uploaded are a true copy of their original, which they must present if asked by the INDAUTOR. Outcomes to requirements made by the INDAUTOR must be carried out using the innovative electronic signature. The documents that have been registered shall give you the same legal outcomes as those in original or certified copy, and will have the same evidential value. Once the registration process is ended, you will be able to view and download the declaration directly from the INDARELIN. More information: Registro público de la propiedad en línea INDAUTOR Gobierno de Mexico Código Penal Federal