The types of guarantee rights provided for in Mexican legislation and the formalities for their improvement differ substantially from those regulated by the laws of the United States and the United Kingdom. Our team of securities and finance has extensive experience and a full knowledge of the complexity involved in a financial transaction that takes place on a daily basis.
This represents a significant advantage for our clients, since the procedures and requirements vary considerably depending on their jurisdiction, and they depend to a large extent on the nature of the guarantee involved.
In Mexico, except for certain specific cases, extrajudicial acts or resources of self-help are not allowed. A plaintiff requires to proceed judicially in order to be able to enforce a guarantee on real estate or chattels. Such plaintiff must take formal legal actions to recover possession or proceed with an embargo.
The procedural steps to enforce liens before the courts in Mexico depend on the nature of each security right, and whether the debtor is insolvent or continues to operate in a normal manner. Our firm also has experience in this type of procedure.