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Full-Text Articles in Law
Acquisition Of Real Estate In Mexico By U.S. Citizens And American Companies, Jorge A. Vargas
Acquisition Of Real Estate In Mexico By U.S. Citizens And American Companies, Jorge A. Vargas
San Diego International Law Journal
Buying real estate in Mexico, or enjoying the beneficiary rights through a real estate trust, known in Mexico as fideicomiso, involves a considerable amount of money and effort. One must take into account that this legal transaction is executed in Mexico in accordance with Mexican law-a foreign legal system belonging to the civil legal tradition, contrasted by the U.S. legal system derivative of the common law tradition-and recognize that Americans and U.S. legal entities are typically quite unfamiliar with Mexican law. This Article provides a complete overview of the process of acquiring real estate in Mexico by Americans and U.S. …
Title Insurance In Mexico: A Necessary Protection, Duplicative Expense, Or Something In Between, Christina Clemm
Title Insurance In Mexico: A Necessary Protection, Duplicative Expense, Or Something In Between, Christina Clemm
San Diego International Law Journal
This Comment is written for those interested in buying property in Mexico and for the professionals who advise them. It begins by analyzing whether title insurance companies provide a necessary service for those purchasing property in Mexico. This section of the Comment addresses issues related to the protections afforded by Mexican law and whether title insurance is duplicative in light of those protections. It also discusses another option for a buyer, obtaining an opinion from a Mexican attorney. It goes on to analyze whether having a title insurance company maneuver the Mexican courts is a justification for its purchase. It …
California Code Of Civil Procedure Section 580b Revisited: Freedom Of Contract In Real Estate Purchase Agreements, Jamie O. Harris
California Code Of Civil Procedure Section 580b Revisited: Freedom Of Contract In Real Estate Purchase Agreements, Jamie O. Harris
San Diego Law Review
Section 580b of the California Code of Civil Procedure makes purchase-money deeds of trust in California "nonrecourse" by prohibiting any deficiency judgment following foreclosure. In Spangler v. Memel, the California Supreme Court created an exception to the antideficiency rule of section 580b where the seller subordinated the buyer's purchase-money deed of trust to a construction loan deed of trust that was subsequently foreclosed, leaving the seller without security. This Article suggests that upon analysis of Spangler, the judgment is a misconceived attempt to protect sellers as a "class" from certain risks of real estate development, even though sellers of developable …