Consensual Lien Agreement With Mexico
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FAQ
Yes, under Mexican law it is necessary that all legal acts related to the transfer of real estate or regarding rights to real estate be registered in the public registry of property. Public registries of property are local administrative offices, regulated by local laws.
A lender usually asks for collateral security in real property and related assets. The formalities to create and perfect a lien depend on the type of goods or assets to be encumbered. Certain liens, including without limitation mortgages over real property, require to be recorded with the applicable Public Registry.
Mexican law requires notarization in order to give perfect or give effect to certain contracts and security interests such as usufructs, rights of way, residential leases (depending on state law) and nonpossessory pledges.
Landownership is evidenced by providing the title deed (Escritura Publica) recorded with the Public Registry of Property regarding private property and a parcel rights certificate recorded with the Agrarian Registry regarding Ejido or communal land.
In general, to file a lien on moveable assets in Mexico, there are two options: (1) filing at the Public Registry of the domicile of the company/individual holding the assets (this will depend if that specific registry still allows it); and/or filing at the Mexican national electronic registry called the ?Registro ...
