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Title Insurance

There are different types of Title Insurance, one is available on the land (US Style) and the other is available on just the Fideicomiso (Bank Trust).

A title insurance policy is a contract of indemnity that promises to pay for a loss up to the face amount of the policy if the state of the title is different than it is set out in the policy and the insured suffers a loss as a result of the difference.

A title insurance policy will cover both claims arising out of title problems that could have been discovered in the public records and those so called non-record defects that could not be discovered in the public records even with the most complete title search.

A title insurance policy will not only protect the insured for as long as they have an interest in the property, but it will also protect their heirs and devisees for as long as they hold title to the property.

A title policy insures against loss by reason of matters specifically stated or covered in the policy. Purchasers of real estate run the risk of serious financial loss in connection with the title to the property purchased. The seller may lack title to the property because of a problem in the chain of title or may not own all of the interest in the property he purports to convey.

Due to the many rights, claims, interests, and encumbrances that the law recognizes in real property, it is essential for the buyer to have a title search and examination performed before the purchase is consummated in order to identify precisely the nature of the title the seller can legally convey and the rights and interests of all other parties in the particular piece of property. Title policies offer the only protection available against latent defects of title which do not appear of record such as forgery, impersonation, capacity of the parties, faulty acknowledgments, and unclear mechanic’s and materialmen’s liens.

Currently Stewart Title is offering individual title policies for all buyers. The benefit of title insurance for your Mexican real property is that your rights are enforceable in the U.S. against a U.S. company. Before acquiring any title insurance, it is recommended that you read the policy and determine the exact coverage's afforded.