Girlfriend getting evicted from her own home

[Sparktrader]

Talk to bank, police, lawyer. Doing nothing wont help.

[Bruno123]

9 minutes ago, rudi49jr said:

The owner is not cooperating, she says she doesn’t have any money. 

That's because you are asking her for money. You have to let her know that you want to fix it with the bank, if possible.

[rudi49jr]

1 minute ago, Bruno123 said:

That's because you are asking her for money. You have to let her know that you want to fix it with the bank, if possible.

My girlfriend did try to work out a deal with her, but she’s stonewalling everything. Have no idea what her intentions are. 

[Bruno123]

1 minute ago, rudi49jr said:

My girlfriend did try to work out a deal with her, but she’s stonewalling everything. Have no idea what her intentions are. 

Work out a deal? What kind of deal? The only deal she will likely accept, won't involve her paying out anything.

 

Maybe Charlie H has it right. 

[rudi49jr]

37 minutes ago, d4dang said:

The Bangkok Post and The Nation have free legal advice and it is very good. 

Can you perhaps provide links? I looked at both websites, but couldn’t find anything. 

[bbko]

If she can't get help from the police/bank/lawyer,  consider the monthly payments of 4,400b as rent, then try and recop any losses by striping anything of value, down to the electrical wiring, doors, etc. Then move out.

My wife's cousin recently passed away while still owing a large sum of money to the bank, no one in the family wanted to take over the payments so they decided to let it go back to the bank, but they stripped it down, taking anything of value; lights, doors, furniture, etc.  They said the bank will take it back anyways, so why not strip it down.

 

Live & learn, next time deal directly with the bank.

[Kenny202]

Bro, the fact you said she has lost all this money and she's sad and you feel sorry for her says it all. Feel sorry for yourself and get on the front foot. These people are never truly sorry unless it's coming out of their pocket. At best she has entered into some agreement with little or no due diligence, with no respect for your hard earned coin. Nobody here can sell a house under mortgage and have it stamped by the lands office. At worst you been conned. My advice to you is if you are going to spend any time here...smarten up or you will lose everything. Acts of trust and kindness here are only seen as weakness and stupidity and you will be rinsed repeatedly.

[ericthai]

50 minutes ago, PJ71 said:

and if the owner does not cooperate?

really??? So what is your answer, just give up? not try?

 

This is Thailand anything can happen it all depends on the people your dealing with. 

I didn't say she could definitely fix this, I said get everything together and go speak to the bank and try and work things out. If things are worked out you pay the bank directly. 

[dj230]

so she got scammed out of 300k baht that you gave her, she doesn't want to pursue it legally, it sounds like you got scammed by her and this "owner".

 

Maybe it's different in Thailand? I don't know of any country where you put a down payment on a house and then continually pay the "previous owner" monthly? This sounds as silly as a Nigerian prince scam unless I'm missing something. 

[KhunLA]

8 hours ago, dj230 said:

I don't know of any country where you put a down payment on a house and then continually pay the "previous owner" monthly? 

You never heard of 'Lease / rent to own', and simply creative financing.  Problem I see, not enough paperwork for her protection.  oops ...   

 

If you don't know how to do things, that's what RE lawyers are for.

https://en.wikipedia.org/wiki/Rent-to-own

 

On  a positive, IF and when the bank forecloses, they'll put it up for sale, for the remaining loan balance, and you can buy it for her.   Although since already spending about 500k, and depending what the remaining balance of mortgage that wasn't paid, it might not be much of a deal.

[Ralf001]

Wow, normally they play the long con a bit more than 2 years.

 

Kudo's to her and the husband.

[stupidfarang]

Do not waste your money with a lawyer, look at it as money used for renting a house and now it is time to move on. You will not get your money back from the owner, unlikly that the bank would move the loan over to your gf names and saying that it would take months to get an idea as to if the bank would do it. Learn from this mistake and look at getting a morgage directly with the bank when buying a house. Also the law around repossion of a property is strange here, it can take years for a bank to take possion of the property or to tell your gf to get. So gf should stop paying rent and wait until the bank comes and tells her to go

[Dan O]

11 hours ago, rudi49jr said:

Yes, she paid by bank.

If she paid the bank then they are aware of the sale. something else is going on here and details are missing. You say she has a contract, paid the bank but somehow the prior owner is still involved and she's being evicted because of his non payment. She also doesn't want to get a lawyer involved. I may be missing some thing here but all this does not add up correctly  

[lopburi3]

6 minutes ago, Dan O said:

If she paid the bank then they are aware of the sale. something else is going on here and details are missing. You say she has a contract, paid the bank but somehow the prior owner is still involved and she's being evicted because of his non payment. She also doesn't want to get a lawyer involved. I may be missing some thing here but all this does not add up correctly  

She did not pay the bank - she paid the owner from her bank account seems to be what is being said.

[JeffersLos]

13 hours ago, Sparktrader said:

She didnt buy the house. Its not in her name.

 

Maybe they scamming u

Sure sounds like it

 

Your 300k is gone

 

In the words of James Hetfield, sad but true.

 

The next part of the con is to get him to pay money for a "lawyer". 

 

 

[Hamus Yaigh]

13 hours ago, rudi49jr said:

If that happens, she's going to lose more than 300,000 baht: the 100,000 baht down payment, 118,800 baht in 'rent' payments for 27 months, plus at least 100,000 baht that she put in the house herself in improvements and renovations. That is quite a lot of money.

She's not losing more than 300,000THB, but probably losing the 100,000THB down payment if the owner cannot repay it. The rest was expenses for living in a rented home. Move on.

[dj230]

1 hour ago, KhunLA said:

You never heard of 'Lease / rent to own', and simply creative financing.  Problem I see, not enough paperwork for her protection.  oops ...   

 

If you don't know how to do things, that's what RE lawyers are for.

https://en.wikipedia.org/wiki/Rent-to-own

 

On  a positive, IF and when the bank forecloses, they'll put it up for sale, for the remaining loan balance, and you can buy it for her.   Although since already spending about 500k, and depending what the remaining balance of mortgage that wasn't paid, it might not be much of a deal

That’s not how rent to own works at all. 
 

rent to own is when you rent a place for a higher price than normal which ends up being the down payment for the house and then you can buy it at the end of the lease. 
 

How is that the same as giving someone 100k baht and paying them monthly? Who knows maybe that’s how it works in Thailand but I never heard of anything like it. 
 

Either way if she lost 300k and isn’t willing to go after the owner legally, clearly it’s a scam of some sort. 
 

Imagine if someone borrowed 300k from you and said they just happened to get robbed so they lost the money and can’t pay you back but they don’t want to go to the police either? 

[lopburi3]

11 minutes ago, dj230 said:

Either way if she lost 300k and isn’t willing to go after the owner legally, clearly it’s a scam of some sort. 

Actually not true in Thailand as most have very little chance of success in such attempts, or access to lawyers or the money that is often required - and just trying can be a death sentence.  Not a good idea to make others lose face even if it means you take a loss.  

[KhunLA]

13 minutes ago, dj230 said:

That’s not how rent to own works at all. 
 

rent to own is when you rent a place for a higher price than normal which ends up being the down payment for the house and then you can buy it at the end of the lease. 

Rent to own is whatever you agree to pay, as a private contract between you and seller.  Doesn't have to be higher or lower than anything, rent or mortgage. 

 

All things are negotiable in RE.  I've drawn up contracts with 0 % interest & balloon payment at the end.  No down payment, large down payments, adjustable rates, sliding scales ... it's all negotiable.

[bang saen guy]

14 hours ago, Sparktrader said:

Up to you. She probably wants more money now.

 

Highly likely the 300k is gone. Lots of Thais gamble.

You've said the same thing 5 times. Let it rest

[BritManToo]

14 hours ago, rudi49jr said:

I know, my girlfriend is quite naive and trusting. I had no idea the house was not in her name (yet) until she told me about the problem with the bank. 

You never asked to see any documentation?

Never put cash in a woman's open hand, unless for services rendered .......... one born every minute.

 

One lady I lived with didn't pay her mortgage either.

The bank came round to ask why and I negotiated to pay them direct.

No woman can be trusted not after 5 years, not after 30 years.

 

Find a new gf, this one lost you 300kbht no matter how you look at it.

[Dan O]

1 hour ago, lopburi3 said:

She did not pay the bank - she paid the owner from her bank account seems to be what is being said.

No he said in one of his replies she paid the bank 

[Sparktrader]

8 minutes ago, BritManToo said:

You never asked to see any documentation?

Never put cash in a woman's open hand, unless for services rendered .......... one born every minute.

 

One lady I lived with didn't pay her mortgage either.

The bank came round to ask why and I negotiated to pay them direct.

No woman can be trusted not after 5 years, not after 30 years.

Yes payment direct gives you receipts. Contract needs to be approved by lawyer too.

[FriendlyFarang]

1 hour ago, Dan O said:

If she paid the bank

She didn't pay the bank

 

36 minutes ago, Dan O said:

No he said in one of his replies she paid the bank 

No, he didn't.

 

He even explicitly said: "has been paying 4,400 baht per month ever since, not directly to the bank, but to the owner. "

[Sparktrader]

4400 baht a month is cheap rent.

Really only lost 200k. $6k us

 

Walk away if bank cant sort it

[rudi49jr]

2 hours ago, Dan O said:

No he said in one of his replies she paid the bank 

No, I said she paid by bank. Meaning she used her bank account to pay the monthly installments to the owner.

[dj230]

11 hours ago, KhunLA said:

Rent to own is whatever you agree to pay, as a private contract between you and seller.  Doesn't have to be higher or lower than anything, rent or mortgage. 

 

All things are negotiable in RE.  I've drawn up contracts with 0 % interest & balloon payment at the end.  No down payment, large down payments, adjustable rates, sliding scales ... it's all negotiable.

Then why wouldn't the owner of the property just rent it out normally for the same price and not take the risk of having to agree to sell you the property at the end of the lease? 

[Adumbration]

@rudi49jr Most of the posts hereto in this thread are piffle and bar stool nonsense. 

 

Your GF would have an action against the fellow who received her payments pursuant to the law of equity and specifically the rubric of unjust enrichment.

 

Unjust enrichment is adumbrated in Section 406 of the Thai Civil and Commercial Code.

 

PM me if you require further assistance or information.

[Adumbration]

12 hours ago, lopburi3 said:

Actually not true in Thailand as most have very little chance of success in such attempts, or access to lawyers or the money that is often required - and just trying can be a death sentence.  Not a good idea to make others lose face even if it means you take a loss.  

Entirely incorrect and absolute nonsense.

[Adumbration]

9 hours ago, rudi49jr said:

No, I said she paid by bank. Meaning she used her bank account to pay the monthly installments to the owner.

That is a positive.  Clear paper trail evidencing the unjust enrichment of the owner and the specific amount.