car ownership

[luvsdawgs]

Asking for a friend, her mother died and left her the car. Now she is moving back north and needs to sell the car which is still in her mother's name. Does the registration have to be changed to her name or can she sell it with her mother's name on it. If not, what does she need to do to put the car in her name?

 

[Mainecoons]

Unclear as to where the car is.  If here, I think he who has the original Factura owns the car.

 

[Ferret]

I believe if her mother had a Mexican will and named her as the beneficiary that there would be no problem along with the death certificate (did her mother pass away here?). Facturas can be stolen. It would be best to deal with a legal entity versed in these matters. 

I just sold a car that was in both my husband's and my name (aka y/o on the registration. I did not have to put it ONLY in my name before selling. The death certificate was enough.

[ea93105]

Just now, Mainecoons said:

Unclear as to where the car is.  If here, I think he who has the original Factura owns the car.

 

But the daughter won't be able to sell it without her mothers signature on the back of the Factura. Honestly she might want to write her mom's signature if it isn't there in order to avoid long legal process of inheriting the car the car first . ( yes, probably illegal ) but nobody is getting hurt 

[Kiko]

Check the bills at the bank for false notes, deposit in your account, and hand over the existing factura.  Some Mexican buyers will not bother to transfer ownership into their name anyway.  Keep it simple.

[ea93105]

5 minutes ago, Kiko said:

Check the bills at the bank for false notes, deposit in your account, and hand over the existing factura.  Some Mexican buyers will not bother to transfer ownership into their name anyway.  Keep it simple.

But I don't think they will buy it without signature on the back of the original owner even though they may not transfer it into their name .

[mudgirl]

2 hours ago, Kiko said:

Some Mexican buyers will not bother to transfer ownership into their name anyway. 

It would be foolish of the seller to sell the car without signing it over and removing the plates. That's how you can get in trouble if the buyer has an accident- the seller, who appears to still be the legal owner, will be held legally responsible.

[Kiko]

In this case the seller is deceased.  I agree in other cases the transfer should be signed over.  Another doc I have signed for transfer in addition to the factura is the "Carta Responsiva de Compra-Venta de Particular a Particular."

[daisy2013]

Go with the new buyer in Chapala to get paperwork done.  Plates stay with the car.   We sold a car and we went to make sure registration was in new person name   

[RickS]

Do none of the above....go to an attorney.

 

[Jim Bowie]

Need to check with an attorney before doing anything.

 

 

 

 

 

[El Cartero]

I’d ask S&S auto.  I’d sell thru them as well.  Of course different strokes for different folks.

 

[Mexicoafterlife]

11 hours ago, Jim Bowie said:

Need to check with an attorney before doing anything.

 

 

 

 

 

I suggest the attorney across the street from the LCS 

[ea93105]

On 6/15/2022 at 9:05 AM, Kiko said:

Check the bills at the bank for false notes, deposit in your account, and hand over the existing factura.  Some Mexican buyers will not bother to transfer ownership into their name anyway.  Keep it simple.

Yes, it seems "Factura Original" is favored here even though there may have been multiple owners of the car. My insurance agent told me that in case of theft or total write-off, the insurance company will write the check to the owner on the Factura. So either that's incorrect, or Mexicans just roll the dice ?

 

[Kiko]

Some roll the dice.  Signing the factura over in the Recaudadora with the buyer who will pay fees is always the best option.  I've sold 4 and none of the buyers bothered with insurance.