The scenario that worries buyers investing from another city or country the most: "I wired my money and now I don't know if the development will ever be delivered." It is a legitimate fear. And the answer has a name: a bank trust (in Mexico, a fideicomiso).
A well-structured trust neutralizes the main risks of buying land. In this article we explain how it works, why Kumay operates under a bank trust and what concrete protections you have as a buyer.
What is a real estate trust?
A trust is a legal agreement in which one party (the settlor, or fideicomitente) transfers assets to a financial institution (the trustee, or fiduciario) so that it manages them on behalf of a third party (the beneficiary, or fideicomisario).
- Settlor: the developer (BOMA Desarrollos). It contributes the land.
- Trustee: the bank that manages the bank trust. It administers the funds and the land according to the agreement.
- Beneficiary: you, the buyer. You are the ultimate beneficiary.
The key is that the land and the money are held by the bank, not in the developer's own assets. Whatever happens to the company, your funds are protected.
Why you can trust a bank trust
The bank trust is managed by a Mexican bank regulated by the CNBV (Mexico's National Banking and Securities Commission) that specializes in real estate trusts. You can verify this directly on the CNBV website.
How Kumay's trust works, step by step
- Land contribution: BOMA Desarrollos transfers the land into the trust before sales begin.
- Payments in: your money goes into the bank trust account, not into a developer account.
- Milestone-based releases: the bank trust releases funds to the developer only as verifiable construction milestones are met.
- Delivery and deed: once the lot is ready and you have completed your payments, the trustee coordinates the deed signing before a notary public.
Verify Kumay's legal certainty
What it protects you from: 4 real scenarios
Scenario 1: the developer runs into financial trouble
The trust assets are legally separate and cannot be seized by the company's creditors.
Scenario 2: the developer diverts funds
The bank trust releases funds against verifiable milestones. Money cannot be withdrawn unless the agreed conditions are met.
Scenario 3: a change in government or regulation
The trust agreement is a private contract and does not depend on whichever administration is in office.
Scenario 4: the buyer passes away
The trust lets you name beneficiaries, so succession is faster and clearer.
Buying with a trust vs. without one
| Aspect | With a trust | Without a trust |
|---|---|---|
| Legal protection | High (bank as intermediary) | Low (private contract) |
| Where your money goes | Trust account | Developer's account |
| Release of funds | Against verifiable milestones | At the seller's discretion |
| Risk of seizure | Protected (separate assets) | Exposed |
| Additional cost | Included at Kumay | N/A |
| Deed | Coordinated by the trustee | Buyer's responsibility |
Trust-related costs
At Kumay, the trust costs are included in the price of the lot. You pay no additional fees to the bank trust.
Frequently asked questions
Can I see the trust agreement?
Yes. At Kumay you can request it before making any commitment.
Do I need my own lawyer?
It is not mandatory, but it is recommended, especially if you are buying remotely.
When is the property transferred to me?
Once the milestones are met: full payment, delivery of the infrastructure and formalization before a notary public.
Does it work the same way if I am a foreigner?
Yes. Foreign buyers acquire through the bank trust, which gives them the same rights to use, sell, rent and bequeath the property as a Mexican buyer.
Your investment, protected from the very first peso
Get a quote for your lot or request the trust agreement to review it with your lawyer.