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Indonesia - Property Title Risk Mitigation
First American is pleased to announce that it is now able to arrange title insurance for real estate transactions in Indonesia.
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March 2009
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Invitation - First American Title Insurance Company
Please come and visit us at our booth at MIPIM Asia.
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November 2008
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In Distressed Property Transactions First American has the Solution
During market downturns title insurance adds real benefits when selling property assets, mortgage books or in covering an investor buying the assets.
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October 2008
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Malaysia - Property Title Risk Mitigation
Malaysia operates a deeds registration system where each state has its own land rules. There is no state guarantee of title as well as no legal protection for purchasers deprived of their properties if the property is transferred to them by a fraudster
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July 2008
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Title Insurance - Low cost risk management tool in times of market insecurity
The first quarter of 2008 has been marked by a noticeable change in sentiment towards risk and risk management strategies. The tightening of credit and an uncertain investment outlook has focused minds on ensuring that there are as few obstacles to exit property investments and property loans as possible
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May/June 2008
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Thailand - Title Deeds not Conclusive Evidence of Ownership
In Thailand, the production of a title deed is generally considered to be good evidence of ownership. However, if a title deed has been issued illegally, the Land Department is entitled to revoke it and return the land to the state or the rightful owne
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January 2008
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Lenders Beware: What does your mortgage secure?
In an important recent Australian case, the decision casts doubt over the protection a mortgage confers under the Torrens Title system in the case of identity fraud. First American are recommending that lenders operating under Torrens systems review their standard form of 'all monies' mortgage to consider whether the wording is sufficient to secure the amount of money advanced against the land.
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August 2007
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Conveyancing - A High Risk Business
The latest Hong Kong Law Society Annual Report shows that even with a booming property market, professional negligence claims relating to conveyancing and property title still form a major portion of the total. Until the full implementation of the Land Titles Ordinance (perhaps 13-14 years away), solicitors in HK will continue to bear the financial brunt of the territory's imperfect land title and conveyancing system. Title insurance provides a valuable risk mitigation tool for Hong Kong's conveyancing solicitors.
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May 2007
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First American Launches Escrow Service in P.R.China
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May 2007
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Reuters Real Estate Newsletter, February 22nd 2007
Asian CMBS Market Faces Title Challenges.
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February 2007
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Title Glitch Could Wreck Dreams
For the full article in February 23rd Hong Kong Standard newspaper,
click
here
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February 2007
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Thailand - your Home's Your Own... Or is it?
The specific risks of acquiring land and property in Thailand may be very different from your home country. For a copy of an article which appeared in the November 2006 edition of Samui Estate magazine (www.samuiestate.com), please click
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November 2006
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An introduction to Hong Kong's Land system
Article published in Issue 1 of Commercial Real Estate China
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October 2006
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Asia Title Risk Round-Up
Property ownership and loan enforcement risk is inherent in doing business in Asia. These risks vary by location and transaction, but the following summaries highlight the key risks in a range of countries. .......
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September 2006
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Singapore - Property Title Briefing
Singapore has probably the most reliable title system in Asia. However, known defects in titles, such as encroachments over adjoining properties, can still prevent transactions occurring as the cost impact can be significant.
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August 2006
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Asia Property Markets become more Transparent
Better information flows are making Asia's property markets less risky, but funds queuing up to invest in China and India should still be wary of murky titles and accounting.
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July 2006
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Speed up URA Acquisitions
Problems often arise in proving good title to older properties being acquired by the URA in Hong Kong. These cases are referred to the Government for compulsory purchase; which may take up to a year to complete. Purchasing title insurance to cover the known title problems will mitigate the risk that the URA is concerned about and enable the transaction to complete smoothly and quickly.
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July 2006
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Hong Kong - Property Title Briefing
The Hong Kong Law Society has stated, "instances of properties with absolute good title are rare if not unknown." During market downturns, potential purchasers often use minor title defects as a means of rescinding purchase contracts as this is the only legitimate way to secure a refund of the deposit. This also has a very significant impact on banks selling repossessed properties.
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July 2006
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Banks Suffer Mortgage Fraud In Hong Kong
A Hong Kong bank recently suffered mortgage fraud. This is a part of a rising global trend. According to the Los Angeles Times, mortgage fraud tripled in 2003-2004 amounting to US$1 billion (HK$7.8 billion).
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July 2006
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Japan - Property Title Briefing
In Japan, prospective purchasers should physically inspect property to
determine who is in possession and interview neighbours for information. Land
boundaries are often unclear resulting in problems with encroachments. Japanese
lenders will often rely on the good faith of the owner when taking a security
interest over real estate. Real risks exist if the identity of the owner is not
fully confirmed.
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June 2006
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Purchaser Loses Everything In Fraudulent Property Transaction
A purchaser who relied on forged documents of title receives an "empty judgement" as the vendor cannot be found, leaving him with a home he does not own and with no possibility of selling or mortgaging it.
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May 2006
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Thailand - Property Title Risk Mitigation
Special care needs to be taken where dealing with rural, forest & beach reserve land (where most resort type developments are located) and with Phuket in particular. Vendors of resort estates can use a Commitment to Insure (effectively a promise by the title insurance company to insure any buyer at a specific premium upon purchase) to allay buyer's fears regarding title issues and improve marketability
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May 2006
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What Corporate Real Estate Professionals Should Know About Property Title (RFP Magazine)
One of the key differences between the property markets of Asian countries is the risk associated with proving good and marketable title to the property
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April 2006
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Korea - Property Title and Transaction Risks
Title risks in Korea include the accuracy of the deeds registry, off-title lease claims and the accuracy of boundaries. Fraudulent land transactions are routinely unwound with no compensation to innocent purchasers....... more
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April 2006
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Macau - Betting on the System
Although Macau operates a Torrens style title registration system, the title register is not state guaranteed. Title of a registered owner is defeasible if it has been subject to previous fraudulent dealings. In such cases, the property will invariably be returned to the innocent owner. The Government provides no compensation for innocent parties who lose ownership of their property due to fraud....... more
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March 2006
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Court Imposes "Very Onerous Duty" on Conveyancing Solicitors in Hong Kong
In the recent case of Liu Moon Ping v Wong Kwok Tung and Others, a judge accepted that "in conveyancing, the solicitor owed a very onerous duty to make sure that he checks everything, that he advises the client of any possible hazard, and that if there is any possible hazard, he should not accept the title."
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February 2006
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Title Risks for Financiers
The Land Titles Ordinance (anticipated for enactment in 2007) as currently drafted offers very limited protection to lenders. In addition, the phased implementation over a period of 12 years will cause a two-tier marketplace to develop in Hong Kong; one market for registered titles and another for unregistered titles.......more
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January 2006
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Title Insurance Reduces Solicitors' Conveyancing Risk
In an article in the Hong Kong Lawyer, Richard Healy considers the long-term solution to Solicitors' Insurance Claims − and argues that there is an urgent need to expand the Land Titles Ordinance.......more
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November 2005
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