A Fideicomiso is much like a USA Living Trust.
Fideicomiso is a 50-year perpetually renewable and transferable Bank Trust through which Foreigners acquire irrevocable and absolute ownership rights to property in Mexico.This Trust is a legal substitute for deeded (fee simple) ownership and is provided specifically for non-nationals to own property in the formerly restricted zones (border and beach areas.) The Trust system of ownership is sanctioned by the Mexican government, provided for under the Mexican Constitution, and secured by the Central Bank of Mexico.
There are specific Banks authorized by the Mexican government to hold the Real Estate Fideicomiso. Title is delivered to the Bank authorized to act as the Trustee, designating the foreign buyer as the Beneficiary of the Trust (you). The Beneficiary (you) retains the use and control of the property and makes all the investment decisions. It is your Trust and not the property of the government or the Bank. The Bank reviews all paperwork of the current owner/developer to ensure that the documents are complete and legal. The Fideicomiso is not an asset of the bank's. If the Bank should ever fail, the Fideicomiso is simply transferred to another authorized Bank.
The Real Estate Fideicomiso may be offered either through:
a Master Trust or
an Individual Trust.
The Fideicomiso offered through Playa de Oro is an individual Fideicomiso, the most secure form of Real Estate Fideicomiso available.
The Beneficiary (you) maintains complete control over the trust (to buy, sell or mortgage, encumber, will or inherit) and is not tied to a Master Trust.
In an Individual Fideicomiso, every Beneficiary (you) is responsible for payment of their own taxes. A non-payment by one property owner would not affect another property holder in the development. But in a Master Trust the developer is responsible for payment of taxes, then appropriating them for reimbursement proportionately to each Fideicomiso held under the Master Trust.
Mexican developers DO NOT have any special dispensation under the law. If you do not have a Fideicomiso through an authorized Bank then you have, at best, a lease. Any other form of "ownership" such as share of a corporation, squatters, owning with a Mexican national partner, or any other gimmick is not legal and is trying to circumvent the law!