Notarios and Closing Attorneys

he Mexican System of Recording Land Transfers: Notarios and Closing Attorneys

The Mexican system for recording land transfers is derived from Spanish law and is central to the country’s legal framework. This system revolves around the notary (notaria or notario), who is an attorney that has undergone extensive education and apprenticeship to earn one of a limited number of official appointments. In Mexico, a notary’s role significantly differs from that in the United States; it more closely resembles that of a federal judge or magistrate, with specific powers and responsibilities related to record-keeping.

Currently, there are between 25 and 30 notaries in Baja California Sur. A notary has many critical roles in a land transaction, including:

  • Assembling (or overseeing the assembly of) all necessary documents for a valid transfer.
  • Verifying the legal identity and authority of each party executing the documents.
  • Drafting the transfer document, often in the form of a fideicomiso trust for foreign buyers.
  • Supervising the signatures of all parties involved.
  • Permanently retaining the original signed document and all supporting documentation.
  • Issuing certified copies and ensuring proper recording at the tax and public registry offices.
  • Calculating and collecting all taxes and official fees due at or before the transfer.
  • Making required tax and fee payments to local, state, and national authorities.

Given the breadth of responsibilities, notary fees constitute a significant portion of the total closing costs, especially compared to the relatively minor role of notaries in the United States.

The closing attorney, a licensed real estate attorney, performs functions similar to those of a title agent in the U.S. They act as a liaison between the buyer, seller, and the notary, collecting all relevant paperwork, verifying that titles are clear, and coordinating with the trust bank that holds the fideicomiso. The closing attorney works closely with the notary throughout the process to ensure a smooth transaction.