Search the Issue Archive

Volume9
MonthMay
Year2008
TitleTitle Insurance in Mexico: A Necessary Protection, Duplicative Expense, or Something in Between?
Author(s)Christina Clemm
First Page419
AbstractThis Comment is written for those interested in buying property in Mexico and for the professionals who advise them. It begins by analyzing whether title insurance companies provide a necessary service for those purchasing property in Mexico. This section of the Comment addresses issues related to the protections afforded by Mexican law and whether title insurance is duplicative in light of those protections. It also discusses another option for a buyer, obtaining an opinion from a Mexican attorney. It goes on to analyze whether having a title insurance company maneuver the Mexican courts is a justification for its purchase. It also discusses the differences between American and Mexican property law that make knowledge of the laws, if not title insurance, necessary before moving forward with a real estate transaction. Next, the Comment provides information regarding the types, cost, and payout rates of title insurance in Mexico and addresses how useful title insurance is in the United States. Lastly, the Comment discusses why title insurance in Mexico may continue to grow despite its questionable utility.