TheGents makes a good point, if you are up for a bit of skullduggery
he will never make it past the first post
TheGents makes a good point, if you are up for a bit of skullduggery
he will never make it past the first post
In Thailand one never really knows the rules. A case in point.
The wife loaned B200,000 to a good friend in the construction business about five years ago. The payments were made until about two years ago.Then all communication stopped. The wife got mad.The deal maker was the Chanote (which we had in our back pocket).
Contacted a lawyer friend who had access to the database of where people stated they lived.
After a few letters, we are now recieving payments from the rentee of the condo where the original loan was taken from.
Weird yes, but TIT...
What???
Don't be silly. What false declaration on what official document?
Pray tell, just what offence was committed under English law and how is it provable? If the UKBA were to conclude it was a malicious denunciation then there only recourse would be to discount it and consider the application on its own merits.
In any event, it is on balance the lad's likely motives for several reasons not least because he has on the face of it none of the academic abilities necessary to pursue such a course of study nor the linguistic proficiency.
Having someones land papers counts for fcuk all. I loaned someone money based on that my wife held the land papers as security. The person defaulted. I/we went to see a lawyer who basically told us they were worthless unless the defaulter willingly allows transfer to my wife's name. Something the defaulter wouldn't do. On top of that I found out that even though I/we had the land paper the legal owner still had the right to farm/access. I/we had no rights other than to pursue our claim in court. The lawyer advised against this due to the sum involved and the costs and time involved.Originally Posted by hillbilly
As I've said before in this thread 'if your going to lend money then get liquid assets from the person, IE in the form of gold'. Most Thais will have some stashed away.
Death is natures way of telling you to slow down.
Which is exactly why I said earlier that you need a signed power-of-attorney that gives you the rights to the land- just holding the chanote paperwork isn't enough- it's a huge advantage for the lender, and you should never make a loan without it- if you have the signed power-of-attorney, you are the land owner until/unless you transfer it back- it's the only way a piece of land can be held as actual security- if the borrower defaults, he loses his land- you would not have had a problem if you had gotten the proper paperwork at the outset.
There he goes. One of God's own prototypes. A high-powered mutant of some kind never even considered for mass production. Too weird to live, and too rare to die.
HST
I must admit this loan with channote has at times tempted me to go into the loan business, of course through the wife.
The sharks around where we live give a 1/3 of what the land is worth at 5% per month, the amount of people who end up losing there land is pretty amazing.
Does anyone do the loans and if so how much do you charge?
Well i am surprised No dodgy expats in Thailand making money
Hindsight is a wonderful thing. I was naive and too trusting having not yet realized how deceitful the locals could be. I in fact loaned money to a few others and everyone defaulted one way or other. Never again, not even if I had "power of attorney".Originally Posted by FailSafe
You need the "power of two big guys on a motorsi". They're all over Isaan collecting debts. Very effective.Originally Posted by superman
It's not 'hindsight'- it's 'due diligence'- you've made a few posts re: using land as security against a loan that were incorrect- your failure to protect yourself was your fault, and no one else's, and your bad experience is not indicative of how the process can go if it's set up properly from the beginning- you set yourself up to fail, and that's what ended up happening. Borrowers can be deceitful and downright dishonest all over the world- it's not endemic to Thailand- this is why the lender has to set the conditions in such a way that he can't lose even if the borrower disappears five minutes after he receives his money- if the borrower doesn't agree with the lender's conditions from the outset, the loan isn't made.
Most of us have been burned on loans at some point (I certainly have)- I used those events as learning experiences rather than condemning the entire process based on them.
Last edited by FailSafe; 02-02-2013 at 08:09 AM.
The thread is long and many good ideas are exchanged here.
Nevertheless, "Never lend money to a Thai" is all you need to know.
When you go to the land office with the brother's title deed they will compare it to the duplicate copy that they have on file. If you look on the back of the document, it is easy to see if there is any recorded liens on the property, since the mortgagor's name will be clearly shown on the back of the title deed. A recorded lien take precedence over any unrecorded liens on fixed property.
I believe they still charge 1% of the loan valve as a fee for recording the mortgage, plus some other small processing fees.
If the brother defaults you will need to go to court and if the court finds in your favor they will arrange a public auction of the property. The proceeds from the sale first go to pay the court/administrator and then to pay you and any amount left over will be paid to the brother.
Mortgaged property does not default into your name as a foreigner, it will be titled to the highest bidder of the auction, who may be a nominee.
If you are structuring it as a sale with the right of redemption, this will need to be in a Thai name and its expensive for the brother.
Personally, I would duck and dive and give it a miss.
Either way they will forget about it in time and you will still have your money and a lot less aggravation with the wife & family.
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