Family complains after house seized and sold for Bt2mn over Bt17,000 student debt

[webfact]

Family complains after house seized and sold for Bt2mn over Bt17,000 student debt

By The Nation

 

 

A Phrae family is pleading for help after their home was seized and sold for Bt2 million to pay off a Bt17,000 student debt.

 

The family has filed a complaint with Damrong Dharma Centre after receiving a letter from the Phrae Legal Execution Office telling them the house had been sold at public auction for more than Bt2 million.

 

Kornthip Wongtawan explained that her sister had taken a loan to study at the Phrae Agricultural College. After graduating, she began making repayments, but then moved to work in other provinces.

 

She stopped making repayments for a while, leaving the debt at just over Bt17,000. The family then received the letter from authorities telling them the property was being sold. However, neither her parents nor her uncle can read, so they sent a copy of the letter to the sister. After reading it, she hurried back home only to realise the house had already been sold.

 

The family was shocked and didn't understand the move, since the house belonged to the father, not the indebted sister. The father's house is also the largest house on the family’ land. After filing the complaint, the sister said she will now visit the student loans office in Bangkok.

 

Phrae Legal Execution Office director Krisana Klaanphat and Justice director Jiraphon Permpoontham visited the Damrong Dharma Centre today as part of investigations into the sale of the house. Both refused to talk to reporters.

 

Source: https://www.nationthailand.com/news/30390272

 

-- © Copyright The Nation Thailand 2020-06-25

 

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[worgeordie]

The Government is realising it has given too much away after

all these handouts,so is now trying to claw some back,if that

really is the case expect many more houses up for auction,

but it's a bit harsh to sell someone's house for 17 K Bhat,debt,

I hope at least the family got the difference.

regards worgeordie

Edited June 25, 2020 by worgeordie

[A1Str8]

The debt has to reach a certain amount to repossess a house. So that's breaking the law. Take them to court. 

[Bob A Kneale]

23 minutes ago, worgeordie said:

it's a bit harsh to sell someone's house for 17 K Bhat,debt,

Even if the owner has given it as security for the loan on which repayments ceased?  It's also a bit harsh not to repay a loan that you've promised to repay, and provided collateral for.

[Blue Muton]

10 minutes ago, A1Str8 said:

The debt has to reach a certain amount to repossess a house. So that's breaking the law. Take them to court. 

What law and what amount? "A certain amount" is somewhat vague.

[steven100]

59 minutes ago, webfact said:

The family was shocked and didn't understand the move, since the house belonged to the father, not the indebted sister.

This is interesting news for me if correct and true.

So even though the house is in the fathers name and not the defendants name, the LED or Legal execution department can go after it and auction it off .... ?

Now what if there was no Chanote    ?  would this still happen   ?

What if a new car was in under another family members name ?   would the LED still be able to auction it off to recover money owed as instructed by the court   ?

 

 

[Bob A Kneale]

3 minutes ago, steven100 said:

1 hour ago, webfact said:

The family was shocked and didn't understand the move, since the house belonged to the father, not the indebted sister.

This is interesting news for me if correct and true.

So even though the house is in the fathers name and not the defendants name, the LED or Legal execution department can go after it and auction it off .... ?

Perhaps the father offered it as security!

[tifino]

9 minutes ago, Bob A Kneale said:

Perhaps the father offered it as security!

nonchalantly...  

 

tuesday came and went, very quickly

[ExpatOilWorker]

Poor student, but poorer teacher.

 

Debts owed by teachers in Thailand are 1.1 trillion baht. This represents 16% of all Thai public debt. 

 

Some 80% of teachers are up to their eyeballs in debt at an average of 3 million baht each.

[BEVUP]

Seems to be a few holes in the story

I don't see if it was a bank or whoever 

If they have a actual Mortgage or a Kai Phar - very silly thing to do (gives them outright posession )

It doesn't seem to matter who holds the Chanote they can sieze it 

 

For example - A mother & child owning 50% each of the property 

They still come knocking

How long is not a while holding it at 17,000 must of increased quite a bit as alot of them just give up due to not affording it 

 

[robblok]

2 minutes ago, BEVUP said:

Seems to be a few holes in the story

I don't see if it was a bank or whoever 

If they have a actual Mortgage or a Kai Phar - very silly thing to do (gives them outright posession )

It doesn't seem to matter who holds the Chanote they can sieze it 

 

For example - A mother & child owning 50% each of the property 

They still come knocking

How long is not a while holding it at 17,000 must of increased quite a bit as alot of them just give up due to not affording it 

 

I am sure there are some holes in this story.

 

I never knew that student loans were covered by houses of parents. Also it seems strange to sell a house over a 17 k debt.

 

I also suspect that there were many letters send and ignored. If not its a great injustice.  

[Airalee]

I guess the “clean hands doctrine” isn’t adhered to here?

 

https://en.wikipedia.org/wiki/Clean_hands

[Bob A Kneale]

45 minutes ago, BEVUP said:

 

For example - A mother & child owning 50% each of the property 

The father owned the property.

[sanmyintmaung]

Probably the daughter use her father name as loan guarantor in the contract. Father cannot read so he might not know that he is signing the contract for loan.

[Farang Eddie]

What can I do to help these people ?

[chrisandsu]

4 hours ago, steven100 said:

This is interesting news for me if correct and true.

So even though the house is in the fathers name and not the defendants name, the LED or Legal execution department can go after it and auction it off .... ?

Now what if there was no Chanote    ?  would this still happen   ?

What if a new car was in under another family members name ?   would the LED still be able to auction it off to recover money owed as instructed by the court   ?

 

 

They probably acted as a guarantor . Never act as a guarantor for anyone . She most likely forged his name , happens all the time here . 

Edited June 25, 2020 by chrisandsu

[SoilSpoil]

Expect a lot more of these stories in the coming years. We know quite some families in the village that have re-morgaged their family homes in the name of their children.

[sweatalot]

16 hours ago, A1Str8 said:

The debt has to reach a certain amount to repossess a house. So that's breaking the law. Take them to court. 

Seems you know Thai law.

What paragraphs are you talking about?

And how much  is a certain amount?

[sweatalot]

14 hours ago, Farang Eddie said:

What can I do to help these people ?

Give them a loan on 17000 Baht.

But make sure to get guarantees

[Bender Rodriguez]

17 hours ago, webfact said:

neither her parents nor her uncle can read

well done THAI education system

[Sydebolle]

The story is incomplete, it takes MUCH more in bureaucratic Thailand and they MUST have known that they either cough up the overdue money or lose the collateral. What do these people think, honestly? The moment comes when you have to face the music and it might serve as an interesting example to all those people who believe, borrowing is a gift ???? 

[yellowboat]

Guess there is no phrase in Thai that equals "quid pro quo".   And they wonder why we make fun of the Thai judiciary.  

[BTB1977]

This dead beat daughter really screwed over her family.  What did she  think would happen when she stopped paying the loan? 

[Morty T]

18 hours ago, worgeordie said:

The Government is realising it has given too much away after

all these handouts,so is now trying to claw some back,if that

really is the case expect many more houses up for auction,

but it's a bit harsh to sell someone's house for 17 K Bhat,debt,

I hope at least the family got the difference.

regards worgeordie

Not just Governmental debt, my SIL stopped paying on her Honda Jazz after she decided a year later that it wasn't the car she really wanted. Something about debt and Thai sensibilities just don't go hand in hand.

[Deli]

Parents can't read ??

[Orton Rd]

House looks like it's worth more like 500k, must have a lot of land with it. House was auction off 'publically' 2 weeks ago where we are after owner defaulted. Only nobody knew about it and only one local big wig was there to bid, first offer he gets it for about half what it's worth.

[dabhand]

1 hour ago, yellowboat said:

Guess there is no phrase in Thai that equals "quid pro quo".   And they wonder why we make fun of the Thai judiciary.  

Seems similar in US for failing to pay property taxes.

 

https://www.lawyers.com/legal-info/bankruptcy/foreclosures/can-the-bank-foreclose-on-my-house-if-i-m-current-on-my-payments.html

[worgeordie]

7 minutes ago, Deli said:

Parents can't read ??

There are a lot of older Thai people that cannot read or write,

they use their thumb print to sign documents,

regards Worgeordie

[harada]

My guess is that now the story is out these people will get their house back and some local big wigs will be ducking for cover.

[hotchilli]

19 hours ago, steven100 said:

This is interesting news for me if correct and true.

So even though the house is in the fathers name and not the defendants name, the LED or Legal execution department can go after it and auction it off .... ?

Now what if there was no Chanote    ?  would this still happen   ?

What if a new car was in under another family members name ?   would the LED still be able to auction it off to recover money owed as instructed by the court   ?

 

 

What if the house was named as collateral, the loan had stopped being paid, interest payments would be accruing, letters not being responded to?

Okay it's harsh to sell the house for a minimal outstanding balance, but in the eyes of the company debt is debt !