Macau - Betting on the System
 
Macau shows every sign of developing into the Las Vegas of the East, with huge levels of foreign investment and development pouring in.
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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. The only remedy available lies in suing either the fraudster (not useful in practice) or the notary public acting in the transaction if it can be proved that he has been negligent.
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There have been instances where the same property has been sold to two separate purchasers at the same time. In this situation, the dispute can only be resolved by court proceedings. Generally, legal proceedings relating to disputes or seeking an order for possession will take up to 2 years for a judgment or order to be made.
 
Title Insurance
 
First American's title insurance policy insures that you own the property free from encumbrances & defects. Lenders can also be covered both for the underlying ownership of the property collateral and the validity, enforceability and priority of their mortgage. Under our policy, we pay for any loss suffered if the property is lost or found to be subject to any encumbrances. The indemnity extends to cover legal costs incurred in defending any title related claims. The premium is a one-off payment and it protects you as long as you own the property.
 

 
For more information on how title insurance can protect you and your clients, please visit our website www.firstam.com.hk or contact us.