Case Study

FNF’s title insurance and indemnity products can protect against general risks associated with a particular jurisdiction, as well as specific title risks (“Defined Risk Title Indemnity”).

General Title Risk

The Mexican Government -- through their National Fund to Promote Tourism and Infrastructure (“FONATUR”) -- retained Fidelity National Title de Mexico to provide a US$ 95 million title insurance policy for a new touristic development on the Mexican Pacific coast. The total project surface area, 2,300 hectares (23 million square meters), exceeds that of Cancun, Los Cabos, Ixtapa, Loreto, to name a few -- each also developed by FONATUR. The title insurance coverage creates financial security, thus greatly facilitating the development of this property.

Defined Risk Title Insurance Transaction

A major international fund requested Fidelity National Title de Mexico (·FNT de Mexico”) to insure 40 parcels of land covering 75,000 hectares. This land originally came out of “Ejido” property, which is a type of communal land -- not private property -- and therefore unable to be bought by either private or public entities. The land was eventually converted to private property, but risks remained. After a very thorough review and analysis, FNF de Mexico issued a US$ 24 million policy.

Utility Company Easement

It was discovered after a major US retailer built a retail operation in Mexico that a utility company easement ran though the center of the property.  The Fidelity team was able to negotiate a settlement with the utility company by diverting the easement through adjacent property.