Title Insurance and the European Markets
January/February 2001 - Volume 80, Number 1
by Fredrick M. Kerr
The perception of title insurance as being uniquely
American with very little practical use elsewhere is gradually being
dispelled. Title insurance is part of the constantly transforming
process of conveying interests in real property. It should be approached
throughout Europe as a welcome gust of fresh air breathing life
into sometimes-antiquated systems of land title registration in
need of periodic updating.
Most forms of title insurance presently marketed in
Europe provide coverage against unknown preexisting defects. However,
many title insurers in Europe are to be distinguished from their
American counterparts in that they take more of an actuarial view
rather than the traditional risk elimination view. The character
of title insurance has evolved as it has matured over recent years
in order to meet the needs of the market.
History of Title Insurance in Europe
There have been a number of attempts by U.S. title
insurers to establish themselves in the United Kingdom. Among the
first to do so was Stewart Title Insurance Company in 1968, with
the effort lasting until 1973, when the decision was made that the
UK market was not yet ready to accept the direct importation of
U.S.-style title insurance. Chicago Title Insurance Company made
the next attempt shortly thereafter, through their subsidiary, CTI
Dominion Limited. That endeavor continued until 1978, at which time
CTI Dominion was acquired by First American Title Insurance Company.
In 1993, Stewart Title re-entered the market and is now meeting
with success. First American Title Insurance Company (UK) Limited
is prominently engaged in designing title insurance products for
mortgage lenders in the UK. In 1995, certain syndicates at the Lloyd’s
of London market, through their exclusive managing general agent,
London & European Title Insurance Services Limited, started
underwriting "title insurance" in England, Wales, Scotland
and Northern Ireland, for the first time in its 300-year history.
Similarly, in 1999, AXA Courtage, part of AXA, the world’s largest
insurance group, launched its title insurance products in France.
AXA, headquartered in France, has a workforce of 140,000 in 60 countries
and assets under management of 780 billion euros. Marsh, the world’s
leading insurance broker, launched its title insurance program in
Spain in May of 2000. With giants such as Lloyd’s of London, AXA
and Marsh entering the European title insurance marketplace, American
title insurers should sit up and take notice. There is little question
that as the appetite for title insurance in Europe grows, there
will be U.S. title insurance companies entering the market, bringing
their great experience and state-of-the-art administrative expertise.
Benefits of Title Insurance in Europe Credit Enhancement
The objective of any sale, securitization or structured
finance, from the title standpoint, is to complete a transaction
under which the vendee’s or investor’s claim to the assets has priority
to all others. Title insurance covers that very issue without condition.
Title insurance negates the necessity of relying solely upon lawyer’s
title reports and ancillary legal opinions. Rating agencies have
become more responsive concerning title insurance and its role in
the securitization process. It is not yet included among their rating
criteria, but it would not be overly speculative to predict that
it will be in due course and those lenders with title insured books
will have a substantial edge.
Acceleration of the Process
Lawyers, notaries, lenders, mortgage brokers and other
intermediaries have discovered that title insurance is a tool which
will serve to increase turnover, reduce liability, simplify the
process, and provide their clients with a better assurance of title.
Consumer Protection
There is a growing perception of risk on the part
of house purchasers due to continuous adverse publicity about the
time-consuming transfer process. The volume of title insured transactions
is ever increasing and there will shortly be hundreds of thousands
of insured owners throughout the UK and the Continent. The process
has already commenced with more and more borrowers receiving their
owner’s policies through the forward-thinking lenders. Indeed, many
of the providers of title insurance in Europe are already looking
toward the consumer as the ultimate beneficiary of title insurance.
The Title Insurance Market in Europe
Title insurance has expanded from the U.S. to England
and Wales, from there to Scotland, Northern Ireland and the Republic
of Ireland, and now to France and Spain. Homebuilders, estate agents
and the public, especially those purchasing properties in other
countries, are all target markets for the title insurer.
The UK Market
Title insurance took 20 years to become accepted in
the UK market. It is rapidly becoming part of the conveyancing process.
The UK had 1.8 million transactions in 1999. With premiums calculated
at an average of £115 ($190) per transaction, the UK represents
a potential market of £200 million ($330 million) for title insurance.
The French Market
The recovery of the French economy has witnessed a
few false starts since the Europe-wide recession of 1991. However,
the clearly visible signs of an upturn over the past year and a
half are continuing to grow and the economic indicators support
a great deal of optimism. Unemployment was reduced from 12.3% to
10.3% and economic growth increased to 3% in 1999. The stock market
registered a record gain of 50% in 1999 giving fuel to other sectors
of the economy.
Corporate profits are breaking expectations and the
real estate market is on the upswing, attracting investment in both
commercial and residential properties. There is a resurgence in
the residential market due to a build up of demand, increasing incomes,
and various governmental incentives. Among such inducements designed
to support the residential property markets, are various tax measures
to encourage private individuals to purchase their homes. Transfer
taxes have been substantially reduced, thus removing a traditional
obstacle, the impact of which was to discourage home ownership.
The liberalization of the French inheritance laws will lead to a
less complicated system and make home ownership a very secure long-term
investment.
The increasing desire of French families to own their
homes (as opposed to renting), as well as the present economic optimism,
have combined to create an atmosphere of aggressive mortgage lending
on the part of the traditional lending institutions. Commercial
banks and savings institutions are competing to exploit a rising
market by offering creative mortgage products together with innovative
insurance programs and better services.
The French market is smaller than that of the UK (approximately
one million transactions) due to the lower incidence of home ownership,
and a cultural gap that is narrowing. Nevertheless, the potential
market can exceed £100 million ($165 million.)
The Spanish Market
Spain has emerged from the economic doldrums of the
late 1980s and early 1990s. According to the business magazine,
Expansion, Spain’s economy is currently experiencing its best moment
of the past 10 years. Domestic demand and tourism are fueling the
economic rebound and the slump is over. Monetary union will further
aid Spain’s economic growth, being one of the founding members of
the European currency. Spain is one of the most popular destinations
in the world, attracting 51,773,000 tourists in 1999, an interesting
statistic when you consider the fact that the entire population
of the country is only 40,000,000. The tourist industry in Spain
produces some 10% of Spain’s gross domestic product and 1.3 million
jobs. The prognosis for a second home property boom in the Sunbelt
areas of Spain (the "Costa’s") is already a reality. Northern
Europeans are anxious to own holiday homes in Spain, which appeals
to a market of 350 million people living within a two-hour airplane
journey. Better motorway systems and fast trains make Spain even
more accessible than ever before.
Spain’s present economic position provides the perfect
climate for the introduction of title insurance. The fall in interest
rates has triggered a spending explosion. Increased employment,
combined with reduced mortgage rates, has resulted in the resurgence
of the construction industry. There is a vast reservoir of borrowers
seeking mortgage financing.
Spain is Europe’s strongest and fastest growing economy.
Spanish mortgage lenders are securitizing more than ever in order
to fund the growth in the construction sector.
The Spanish market is smaller than that of the UK
and France, with slightly less than one million transactions in
1999. However, the potential market for title insurance will nevertheless
exceed £100 million ($165 million.)
Other Markets
The European Mortgage Federation has been formed to
more formally organize the European Union’s mortgage loan industry.
Title insurance will play a major role in the standardization of
mortgage instruments in the EU. Harmonization is a key word in the
vocabulary of the European Mortgage Federation and nothing goes
further to simplify and standardize the process of mortgaging single
family residences than title insurance.
Owner occupation of residential properties is increasing
steadily throughout the EU. The general trend is toward more and
more families purchasing their homes as mortgage lending becomes
more efficient. National property laws are not yet subject to EU
law. Accordingly, mortgage lenders and cross border purchasers alike
are apprehensive about unfamiliar legal systems, making title insurance
a very desirable product.
The Italian and German markets present massive opportunities
to European title insurers. The expansion to the ancillary markets
such as the Benelux countries and Portugal will be natural extensions
of activities in France and Spain, respectively.
New Opportunities
The European Union presents a market of 350 million,
exceeding that of the United States in a geographical area less
than a third of its size. It is a sophisticated and prosperous market
with a growing need for the standardization and simplification that
title insurance will bring to real estate transactions. U.S. title
insurers should genuinely consider the opportunities presented,
as the expertise earned over the past 100 years is an invaluable
asset, readily convertible to profitability through expansion into
a vast new market.
Fredrick M. Kerr is chairman, London & European
Title Insurance Services Limited. He can be reached at fkerr@FTR.com
, or by phone in the United Kingdom at 44 118 957 5000.
