Can Non-citizens Own Land or Property?

Regulation of land ownership rights for non-U.S. citizens is generally reserved to the states. But generally speaking, aliens and non-nationals are allowed to purchase, convey, devise and own real property. While the specific details of transactions may vary by state, most purchase of real estate by non-citizens is done through cash rather than loans.

What are the Requirements for Non-Citizens to Buy Land or Property?

As mentioned, there are very few restrictions on the ownership of property for non-nationals. However, there are usually some requirements that need to be met if the non-citizen is attempting to secure the home through a loan or mortgage. Most mortgage companies require:

A permanent resident card (i.e. green card) along with social security number; OR
Temporary resident status, plus work permit and valid social security number

These types of documents will help ensure the lender that the borrower has sufficient income to maintain the loan payments. In addition, some lenders may require that the non-citizen has resided in the U.S. continuously for the past 2 years prior to the application, has a good credit history, and has a steady employment arrangement. In fact, the mortgage lender may be required to research this information according to laws like the Patriot Act.

What if there is a Dispute Over the Non-Citizens Property Ownership?

Normally, disputes over property owned by a non-citizen won’t be a problem for either party. Non-citizens, especially permanent residents, are entitled to many consumer rights in home purchases. Thus, for non-residents who are validly in the U.S., disputes over the property shouldn’t produce any extra-legal hassles.

However, if the alien is in the country illegally, a dispute over property may lead to a disclosure of their illegal status. For example, the property dispute may lead to an investigation regarding the persons background, and the alien may then face consequences such as removal (deportation), or being prohibited from entering the country if they leave.

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November 2018