Legal English & Communication
← Upper-Intermediate · Advanced Notarial and Real Estate Transactions

Trusts and Guarantees in Real Estate

Objectives

  • Explain the Costa Rican fideicomiso
  • Compare trusts with mortgages
  • Describe roles of trustor, trustee and beneficiary

Explanation

The Costa Rican trust (fideicomiso), regulated by the Commercial Code, transfers assets to a trustee for a specific purpose. Guarantee trusts (fideicomisos de garantía) are common in real estate financing as an alternative to mortgages. Roles: trustor/settlor (fideicomitente), trustee (fiduciario), beneficiary (fideicomisario). Note: it differs from the Anglo-American trust, which separates legal and equitable title.

trustor / settlor

The person who transfers assets into a trust (fideicomitente).

“The developer is the trustor.”

trustee

The entity holding and managing trust assets (fiduciario).

“A bank acts as trustee.”

beneficiary

The person who benefits from the trust (fideicomisario).

“The lender is the first-place beneficiary.”

guarantee trust

A trust securing payment of an obligation.

“The loan is secured by a guarantee trust.”

foreclosure

Enforcement of security after default.

“The trust allows faster enforcement than foreclosure.”

Flashcards

Match terms and definitions

trustor / settlor
trustee
beneficiary
guarantee trust
foreclosure

Complete the sentences

1. The bank acts as ___ of the trust.
2. The lender is the first-place ___.
0/6 skills completedNext lesson →