Has anyone had to replace a lost Chanote land paper. The wife has lost hers. has anyone experience of what to do and is it hard work?
Has anyone had to replace a lost Chanote land paper. The wife has lost hers. has anyone experience of what to do and is it hard work?
I think first you have to report to the Police, when her indoors comes back from the market I will ask her for you, she's the expert bye the way
You need to make a report at the police station and take that report with you to the land department, than as tsicar says good luck
Thanks guys, and any further info from Mrs Farangred would be much appreciated.
We did it last month.
Police report first and you need to take 2 witnesses that are not family to sign.
WARNING PROCEED WITH EXTREME CAUTION !! Thai people do not misplace their chanote. It is the equivalent of misplacing their own head.
Has been known to get stolen bye the way, could be a family member I know of one case some years ago when the mother tried to forge and sell the house from under the daughter to pay gambling debts
Not a big deal and any of the above advice you could use without fear.
Exactly my point. I know someone who does not know where his chanote is.His wife lost it at cards.I always wondered what stopped him/them getting another copy made.Apparently (correct me if I am wrong) it is classed as fraud if you obtain another chanote when the original has been used as collateral and is a serious offence here.
it is only fraud if you reported it lost or stolen and it has not been lost or stolen, ie:
if you made a false declaration to the cops, or if it has been legally ceded to the bank or another creditor as security for a loan, etc (this does not mean simply giving the document to someone to hold as collateral).
anybody who lends money to a thai and is given a chanote to hold as collateral is an absolute idiot if he thinks this means anything at all.
one can do NOTHING legally with a chanote doc. if it is in another person's name.
Last edited by tsicar; 02-02-2010 at 12:33 AM.
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So if a Thai gives the chanote to a Thai/Chinese moneylender and afterwards a public notice appears saying a replacement is going to be issued they would be cool with that ?
Lets say your Chanote is in your wife's name as most peoples are there is nothing to stop her borrowing money on the chanote with out you knowing, one reason to say it's gone missing.
If she signed a loan contract with a money lender or gambling debt she would also sign a Power of Attorney so if she defaulted on the debt they could then go to the land department and do the transfer of the Chanote but still have to give 30 days notice
i am sure that if there were other documents correctly supporting, and legally allowing the transfer of the chanote to the creditor if the debtor defaults, all of this would be possible.
but simply holding someone's chanote doc. as collateral for a loan (and i know of a few farang who have done this) means nothing at all.
and of course, if the land is in the wife's name and she signs it over to a bank or money lender, with all legalities taken care of, then you are screwed!
anybody who buys land on his wife's name and builds on it, without covering his ass wiith a registered 30 year lease in his name is an idiot.
the lease remains valid even if the land is signed over to the money lender.
^^^^anybody who buys land on his wife's name and builds on it, without covering his ass wiith a registered 30 year lease in his name is an idiot.
the lease remains valid even if the land is signed over to the money lender.[/quote]
Very important point to remember guys all very well buying the land and house, ok the land in your wife's name, you can have a Lease contract for 30 years so the house is in your name as you quite rightly mention whoever inherited the land by whatever means would have to honor the Lease contract.
Also get your wife to make a will a lot of Farang make a will and forget about the wife, what happens if the wife should die first? and normally everything is in her name, then you get big problem.
Wills are not worth shit here as far as you may be concerned.
If it is a trust issue with the wife, then she can make a will tomorrow to keep you happy and go change it the next day without you knowing.
Sometimes ya lose shit.....we lost ours.
But then i found it in a spot I hid it so we would not lose it....
well thanks everyone, i think we will have 1 more search back in the UK before getting a new 1 from the land department. i hope the mrs hasn't gambled it away cause we won't be able to sell the house and get the new 1 she has set her heart on.
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