Buying a new property, building and starting a new property venture can be an arduous process, especially when it comes to finance. However, when it comes to financing, it is important to understand the types of loans that are available: such as mortgage and trust. This article describes the differences between the two types of loan, the benefits of each, the types of properties that can be financed and where to apply for them in Costa Rica.

Mortgages What are they and how do they work?

A mortgage is a financial arrangement that allows a person to purchase property. It is a type of contract that can be obtained from a financial institution such as a bank. With this type of loan, the property is used as collateral so that the lender has the right to sell the property if payments are not made.

With mortgages, buyers can receive an amount of money from the lender in exchange for repaying that amount, plus interest. Typically, mortgage payments are made in regular installments.

However, it is important to note that the value of the property may affect the amount of money that can be mortgaged; in order to determine the monetary value of a property, an appraisal process can be carried out. In this process, an appraiser (a person with knowledge and certification in real estate) conducts a study where he/she determines the value of a property based on its location, development potential, condition of the property, characteristics of the land, market conditions and other economic and legal aspects.

Mortgages and Trusts

Hipotecas y fideicomisos

Trusts, What are they and what is their purpose?

In contrast, trusts are a legal means by which a settlor transfers his properties, rights or money to an entity (trustee). The trustee is responsible for managing these assets for the benefit of the settlor or a third party designated by the settlor.

The parties involved set specific conditions and deadlines for the execution of this agreement. In this process, the trustee has control and management of the property, which means that neither the settlor nor the trustee (the settlor or a third party who receives the benefits of the property) is considered the legal owner of the property until the conditions set forth in the trust agreement are met.

An advantage of trusts is that the settlor’s creditors cannot reach the transferred assets because the trust is independent and not subject to possible seizure or bankruptcy of the parties involved. This provides greater legal protection for the property involved.

Hipotecas y Fideicomisos

Which is the best option for you?

The choice between a mortgage and a trust depends on the type of property you want to buy, your financial situation, and your specific needs. Here are some of the advantages and disadvantages of each option.

Mortgage

Mortgages are ideal for individual buyers or families who wish to purchase a property for commercial or residential use.

  • Benefits:

    • They are affordable because they are the most common way to finance the purchase of a property, so several banks or financial institutions offer mortgages.
    • Mortgaged property is owned by the buyer, even if it’s mortgaged to secure a loan.
    • The terms are long (15-30 years), which makes the monthly payments manageable.
  • Disadvantages:

    • The requirements to apply for a mortgage are strict, requiring a good credit history, verifiable income and a down payment (10-20% of the value of the property).
    • While the longer terms mean that monthly payments are low, they also mean that more can be paid in interest.
    • There is a risk that the bank or financial institution may repossess the property if payments are not made.
    • Finally, interest rates are variable, so payments may vary depending on market performance.

Trust

On the other hand, trusts are ideal for developers, investors and individuals who want to protect their assets legally and securely.

  • Benefits:

    • The trust provides property protection.
    • Legal security, since a professional entity will be in charge of managing the assets, guaranteeing compliance with the established conditions.
    • It is a flexible tool that can be used for multiple purposes, such as real estate development projects.
    • Trusts offer a higher level of confidentiality than other methods of real estate administration.
  • Disadvantages:

    • The cost of the trust is usually higher as it includes administration fees and other legal costs.
    • The relinquishment of direct control over the property passes to the trustee.
    • It is a more complex process because it requires detailed and personalized planning.
    • Not ideal for residential properties as they are designed to protect large estates or development projects.

Where can I request these tools?

In Costa Rica there are several financial institutions and trust companies that offer both mortgages and trusts. Some of the most recognized are:

Each institution has its own requirements and conditions, so it is advisable to seek personalised advice before making a decision.

Both the mortgage and the trust are important financial tools in the Costa Rican real estate sector, each with advantages and disadvantages depending on the needs of the buyer or investor. If you are looking to invest in a new property, do not hesitate to contact our advisors to find attractive properties, as well as a company to advise in this real estate process.