The Legal Process for Reclaiming a Seized Home
The issue of home seizures has become a concern for homeowners in Mexico City. Although the crime is not new, it has shown growth and a level of impunity that alarms experts in recent years.
Miguel Saucedo’s Insights on Home Seizures
Miguel Saucedo, a partner and director at Saucedo Abogados, explained that between January and June 2025, there were 1,941 investigations initiated for illegal occupation of properties in the capital, based on data from the Executive Secretariat of the National Public Security System. In just January, 279 cases were reported, a number that grew each month until reaching 344 in May.
Saucedo stated that the lack of timely action by authorities has allowed this crime to proliferate: “Home seizures in Mexico are not new, but unfortunately, they have been increasing in recent years because authorities have become very permissive,” he affirmed.
Legal Framework and Judicial Weaknesses
The expert warned that seizures have been exploited by criminal organizations, finding it a lucrative business. Meanwhile, for homeowners, the cost of reclaiming their seized home can represent 15-20% of its total value.
Saucedo Abogados has seen a 50% increase in requests for legal advice on seizure cases over the past five years. Part of the problem, according to Saucedo, lies in the inefficiency and lack of knowledge within the Judicial Power, especially after the Judicial Reform.
Strengthening Penalties: Insufficient Solution
Recently, the capital’s government proposed toughening sanctions against those who illegally occupy properties and punish colluding public notaries. The proposal aims to raise penalties to up to 11 years in prison and fines exceeding 450,000 pesos when the crime involves aggravating circumstances.
However, Saucedo emphasized that the solution lies not in reforms but in their effective implementation: “The key is political will. We can have perfectly adequate laws and regulations to combat crime, but if we don’t have authorities enforcing them, they are useless.”
Exacerbating the Problem: Judicial Delays and Suspension of Forced Evictions
Judicial delays are compounded by the suspension of forced evictions in Mexico City, preventing police from participating in the recovery of properties even when there’s a court order favoring the homeowner.
“This measure is promoted under the protection of housing rights, but providing people with homes is a state obligation, not that of individuals,” Saucedo stressed. “If this policy continues, homeowners will no longer want to rent their properties. It’s also crucial to protect private property rights.”
Recommendations for Homeowners
In this context, Saucedo advised homeowners to take protective measures, such as avoiding leaving their homes vacant, keeping property taxes current, and maintaining all legal documentation in order, especially the public deed.
Key Questions and Answers
- What is the current situation regarding home seizures in Mexico City? Home seizures have become a growing concern, with 1,941 illegal occupation cases reported in Mexico City between January and June 2025.
- How long does the legal process for reclaiming a seized home typically take? The process can take between two to four years, according to Miguel Saucedo.
- What percentage of homeowners successfully recover their seized properties? Only 30% of cases are resolved favorably for homeowners, with the rest facing property loss.
- Why are home seizures on the rise? Criminal organizations have exploited this issue, treating it as a profitable business. Additionally, judicial inefficiency and lack of knowledge contribute to the problem.
- What are the proposed solutions by the Mexico City government? The government has suggested toughening penalties for illegal occupation and punishing colluding public notaries. However, Saucedo emphasizes the importance of effective law enforcement.
