Certificate of liens in Mexico (libertad de gravamen)

What it shows

The civil code of Mexico City (art. 3016) describes the content as the “existence or non-existence of liens or annotations” on the property “and of the registered owner or owners”. The Jalisco notary law (art. 87) says the certificate must refer to the same property, to its holder, to the liens, and to the limitations of ownership it reports. Typical items are therefore:

• a mortgage in favour of a lender;
• a court attachment or a lawsuit noted against the property (the code lists suits on ownership, attachments and judicial prohibitions as notes in the registry: CCF art. 3043);
• a registered lease longer than six years, or other registered limitations;
• the identity of the owner as the registry has it, which should match the seller.

It reports what is in the registry. It is silent on property tax arrears, unpaid condominium fees, ejido status, unregistered rights of third parties and physical condition. Those need separate checks: see the condo guide, ejido land and the cadastral value.

Who issues it and who asks for it

The registry issues it. The registrars are obliged to provide certifications and “the certificates referred to in article 3016” and cannot deny them, under Mexico City’s code (art. 3001). The notary requests the certificate: the federal code says the notary “shall request” it before the deed is granted, and the request works as a preventive notice that holds your place in the registry for 30 calendar days (CCF art. 3016). In Mexico City the note lasts 60 days and the certificate is due in seven. How a private person orders one directly, and the fee, is set by each state; the official registry portals were not opened for this guide, and fees are not stated here.

How long it is valid

• Jalisco (notary law, art. 87, text read from the original 2006 decree): maximum 45 working days from issue. For successive deeds on the same property one valid certificate is enough, and the notary must make sure it is still in force. The certificate need not be inserted for certain acts (judicial sales, donations, succession proceedings, regularisation programmes), or where the buyer agrees to forego it and the deed says so. For paid transfers, the seller declares under oath that the registry position matches what the deed states.
• Federal code and Mexico City: the texts read fix the periods of the notices (30 calendar days federal; 60 days Mexico City) rather than a shelf life for the certificate itself.
• Other states: not read. Ask the notary how long the certificate is valid where the property is.

If the signing slips beyond the validity period, ask for a new certificate. Between certificate and registration there is a window in which a new lien could be recorded; that is the reason for the notices described in the registry guide.

Private contracts and the certificate

Some state laws tie the certificate to deals that are not public deeds. The Guerrero notary law (art. 134) requires the notary who ratifies private sale contracts to ask the parties for the certificate of liens and for the cadastral appraisal of the property, and to note that in the record. That is a Guerrero rule, not a national one.

Developer sales

If you buy from a developer, the consumer-protection law requires the supplier to give you the ownership documents and to inform you of liens, “which must be cancelled at the time the corresponding deed is signed” (LFPC art. 73 BIS, item II). A project mortgage can therefore exist before signing, but it must be released at the deed. See buying off-plan.

Which professional to consult

The notary public requests the certificate and reads it (notary’s role); a real-estate lawyer can explain what a listed lien means for you (profile).