Non-Citizens and Land Ownership

In immigration law, a non-citizen is a person who does have U.S. citizenship. Regulation of real property ownership rights for non-U.S. citizens is generally left to the states and not the federal government. In general, however, in the U.S., non-citizens are allowed to purchase, convey, devise, and own real property. They have the same land ownership rights that U.S. citizens have.

There are generally no legal barriers to foreigners buying real property in the U.S. A non-citizen may buy real property as a foreigner who lives in the U.S. full-time and has a Green Card. Even a foreigner who does not live in the U.S. may buy and own real property in the U.S. The property may be an investment, a vacation home, or a timeshare.

A non-citizen generally must meet certain requirements if they wish to buy a home using a mortgage loan. Most mortgage lenders require evidence that a borrower has a permanent resident visa, also known as a Green Card, along with a social security number. Alternatively, they may require evidence of temporary resident status, as well as a work permit, and a valid social security number.

These documents assure the lender that the borrower has sufficient income to maintain the loan payments and is not at risk of deportation. If a person were to be deported and denied the ability to re-enter the U.S., they might well default on their mortgage payments.

Additionally, some lenders may require the following of a non-citizen:

• Residence in the U.S. continuously for the past 2 years before they apply for a mortgage loan
• A good credit history
• A history of steady employment, probably for at least 2 years
• Income adequate to justify a loan of the amount requested.

A mortgage lender may have additional technical requirements. If a person wants to get a mortgage loan to complete the purchase of real estate, they would want to apply to a mortgage lender before starting their search for the right property.

Additionally, the mortgage lender may be required to research this information according to laws such as the Patriot Act.

As already noted, foreigners may generally buy any type of real estate, such as single-family homes or condo units. They may buy agricultural land or invest in commercial real estate. The only type of property ownership that might present a problem is a housing cooperative.

When a person buys a cooperative property, they do not actually buy a property. Rather, they buy a share in the cooperative that owns the building in which the cooperative units are located. People usually buy co-ops to live in as their primary residence, so they are not considered investment properties.

Some cooperatives may not be willing to sell to foreigners because of the risk that they will not occupy their unit as their primary residence. This might make it more difficult for the co-op to run efficiently.

It is important to recognize that owning property in the U.S. does not give a person citizenship or even legal residence. To live in the U.S. legally, a person needs the appropriate visa that documents the person’s residence status. A person needs to apply to a U.S. Consulate or Embassy. A person can check the website of the U.S.Consulate or Embassy where they would be interviewed for instructions that are specific to the country in which they are a citizen.

A person has to apply for a visa that is appropriate to their status and this would have to be done separately from the house purchase process.

What Are the Requirements for Non-Citizens to Buy Real Property?

There are no requirements per se for non-citizens to buy real property. As noted above, people who are not citizens of the U.S. may buy real property in the U.S.

What if There Is a Dispute over a Non-citizen’s Property Ownership?

Non-citizens, especially legal permanent residents, are generally entitled to many consumer rights in purchases of real property, as noted above. Property disputes should not produce any additional legal hassles for non-citizens. A dispute would be dealt with by the law in the same way in which they are handled if the parties are citizens.

However, if a party to a real property dispute is in the country illegally, the dispute might lead to a disclosure of the non-citizen’s illegal status. An example of this would be how the property dispute may lead to an investigation regarding the person’s background, which could result in deportation. A person who has been deported from the U.S. may be prohibited from entering the country again if they leave.

Sellers should ensure that they do not violate the consumer rights of a homebuyer during the home purchasing process, as this can result in various negative legal consequences. The types of remedies that a homebuyer can recover vary by state and by the nature of the dispute involved.

For example, in a contract dispute, a person could recover compensatory damages that would cover their economic losses.

A homebuyer should generally take the following steps if they believe that their consumer rights have been violated during a home purchase transaction:

• Keep a personal written record of the circumstances leading up to the violation and a short description of the events. An example of this would be how if the seller refused to hand over copies of signed documents. The homebuyer should note that along with a description of which documents, the date, and the time of the seller’s refusal;
• Keep and make copies of any important documents that are associated with the home purchase transaction, especially signed documents, contracts or agreements, and documents that have been negotiated and reviewed by both parties; and
• Gather as much information as possible, such as the names of real estate agents and others involved in a purchase, real estate licenses, certificates, and witness statements from all parties involved in the transaction.

These three steps will help prepare the homebuyer if they need to file a lawsuit against any of the parties involved in a real property transaction, as many of the items can be used as evidence during court proceedings. These documents will likely be requested by an opposing party or the homebuyer’s lawyer for review and consideration.

Another thing for non-citizens to consider when they buy real estate in the U.S. is the fact that U.S. law requires a lawsuit in which the title to real property is at issue to be brought in the county and state in which the property is located. So, a non-citizen who does not live in the U.S. may find that they have to go to the U.S. in order to participate in a lawsuit.

Should I Hire a Lawyer for Help with Property Ownership as a Non-citizen?

If you are not a citizen of the U.S., you may have questions about buying real estate in the U.S. LegalMatch.com can connect you to an experienced real estate lawyer who can analyze the facts of your case and guide you to the best possible solution for you and your situation.