I cannot give you a complete answer to your question. There are several issues that will prevent a trust being issued. Money owed to someone resulting in a lien filed, seller does not have title or trust or legal title in their name on the property, deed restrictions. The property might be in a master trust. The cardinal rule is to work with a Notario and believe no one else. Don't pass any money until the Notory clears it and issues a letter of instructions to the bank for a trust. Buyer should pay any fee's etc, due directly and not to a third party other than to the Notario at their request.
ADR's example sounds like there is a lien on the property from the financing bank. In that case a Notario will not close the sale so you cannot get a Trust till the lein is removed. That example sounds like a soup sandwich with the builder gone.
The real estate landscape is littered with problems like this here. People will offer property for sale that they cannot sell. I looked at a lot in Kino, everyone in town knew the guy offering it was the 'owner' but he had inherited it from someone in the family who had inherited it from someone and no one botherer to get a title in their name. costs $100 or so and no one has the money. Results a $2000 sale would have cost $6000 to clear the title.
I talked to a guy who 'bought' a beachfront lot in Desemboque, knew he had no legal title but paid so little he did not care. If someone contested the sale it would take 10 or 15 years to get him off and he would use it during that time. Poured a slab for his RV, no house, so little to lose.
The bank is owed money on the land, which was never paid off by the builder.
The locals got title because they had/have bank loans, and title was necessary in that transaction. Those of us that paid cash to the builder got nothing but promises.
I (and others) went to the builders offices weekly, called/emailed daily, begging for titles. They were always "Just a few days away" Or "They just came in but had to be redone". I had hired Security title to do the paperwork, and they also made lots of promises. I went as far as reaching out to Security title headquarters in the USA, who also tried to look into it but got nowhere.
Security title was responsible, as they were tasked with all the legal paperwork, but in the end, just left town like so many others did. They collected my money and I received nothing in return.
The builder left town and went farther south to start building commercial property when Penasco real estate went the way of USA. Overbuilding, harder lending money, etc.
He has been cooperative so far, and we have proved to the bank that we (the owners) paid our houses in full.
Unfortunately the bank could care less, and has problems of their own. I believe the bank was sold or absorbed, and now a new bank has our paperwork, somewhere in another country. (we think)
They have threatened to sell the homes out from under us several years ago, to recoup their losses on the land, but we haven't heard anything like that lately. They (or someone) hired security guards to watch for the empty units for a year or two, but that also has stopped.
The lawsuit is low moving. Every turn creates another fork in the road. There is only one Judge in Penasco that handles this type of thing, and at last count it more than 2 years behind. We had a death of an owner, and his will wasn't right, so now we have a delay because we can't prove who now owns that unit. If it isn't one thing, it is two others.
However, we still love our little units, and there aren't many empty units anymore. We have a great HOA, that almost meets its cash flow needs, with a little extra being given by those of us that care, to make up the shortfalls that arise.
We have a full time maintenance person now, to keep the pool, common areas, etc. up and running.
Having said that, I would never buy again. I could have rented beachfront for 500 nights and still been ahead of the game, not counting HOA, attorney, power/water fees, etc. That's every single weekend, for almost 5 straight YEARS. Why bother buying?
(Don't quote me on any of this, it is my take on the whole situation, not legal facts)