Buying a property already in a trust
Taking over the seller's existing trust by an assignment of beneficiary rights (cesión de derechos fideicomisarios), or having the bank transfer the property into a new trust for you.
Why it matters
Most condo and house resales in BCS are already in a trust. The route changes cost, the remaining term, and which bank you'll deal with.
Who helps
The notario, the seller's trustee bank (and the new bank, if any), and your attorney.
What to do: Decide whether to take over the seller's trust or open a new one.
Documents
- The trust deed and every amendment; the original SRE permit data.
- A no-arrears letter from the trustee bank (carta de no adeudo del fideicomiso) showing the annual fees are paid.
- The predial, water, CFE and HOA no-debt letters (step 2.4); the no-lien certificate.
- The bank's KYC file for you; your substitute beneficiaries.
- After closing: the RNIE update (step 3.2) and the recorded deed.
Costs Estimate
- Recording and SRE figures above: Ley de Derechos y Productos de BCS and SRE 2026 (steps 2.11 and 2.18). Bank assignment and release fees: no published figure; ask both banks in writing.
Estimates only. Get written quotes.
Common mistakes
- A trust with only a few years left (plan for the extension cost).
- Unpaid trust fees discovered at closing; the bank can hold the assignment until they're paid.
- Assuming the seller's substitute beneficiaries or powers carry over. Name your own.
- A trust whose bank merged or changed (step 5.12): confirm who the trustee is today.
Say it in Spanish
- ¿Me puede emitir una carta de no adeudo del fideicomiso?
Can you issue a no-arrears letter for the trust? - ¿Cuántos años de vigencia le quedan a este fideicomiso?
How many years remain on this trust?
Terms
Confirm the details for your case with your notario or attorney.