AboutLIC.D'LARA Expertise Mexican attorney serving the border cities of Baja California. General issues about Mexican Law and the Mexican legal system. Answering questions on civil law cases; family law, probate, wills and living trusts, land use, real estate, mexican immigration FM2 and FM3, vital records and other legal records and documents.
Experience Mexican lawyer with Private Practice and Consulting Services experience, Spanish and English spoken, Certified Translator English-Spanish, vital records and legal proceeding services in Baja California.
Barra de Abogados, A.C.
Expert: LIC.D'LARA Date: 7/17/2008 Subject: Land in Guadalajara Jalisco
Question QUESTION: Hi.My dad is a Mexican citizen ( also has dual citizenship)and my mother an American citizen. My dad has property in Guadalajara MX. given to him by his parents. The deed read to my son of course his name and wife but no name because he was yet not married. So 2 years ago they (parents) went to Guadalajara to fix the paper work to get the deed current right? So now it reads my fathers name and my moms on the property deed. Now last year my dad wanted to sell it and it was going all good with the signatures to turn the deed over then a lady comes out asking my mom her nationality and says because she is a US citizen she has no right to sell and so the transfer didn't happen. What can my parents do? There was no problem when they did up the new deed and added my moms name to it and now its a problem for my dad to sell it because of my mom being a US citizen. What can be done? Please help us with some advice. Thank you Sarita
ANSWER: The faster and easier way would be that your mother signs a power of attorney to your father before a notary public in Mexico, the name of the document is PODER GENERAL AMPLISIMO PARA ACTOS DE DOMINIO. Another option would be that she transfers her right to the property to her husband. It is convenient that you go to a Notario Publico en Mexico to get the best advise about the sale and transfer of the property.
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QUESTION: Thank you. But the land is in Guadalajara Mexico and the deed was done there with there Guadalajara seal. Can they go to a notary in Baja Ca Mexico and take care of it here? The document PODER GENERAL AMPLISIMO PARA ACTOS DE DOMINIO can it be signed even though my mother is a US citizen? And has it been possible before for that to work ? You know to sell the land? Thank you. Sarita
Answer You can go to a Notario Publico in Mexico located closer to you, and explain the situation of the land deed there, they will be able to help you with the best option, because I dont understand what exactly was the problem with the sale transaction as according to mexican law, american citizens can own, buy and sale property in Mexico, moreover if they are married to a mexican citizen, so if should had been possible to make the sale at the first time they tried to sell their property.
