Girlfriend getting evicted from her own home

[Sparktrader]

Think this is called factor financing. Owner organises loan for tenant. But the tenant should pay loan direct to bank. Plus a lawyer would need to ok contract.

[CharlieH]

Not saying this is the case here, but many times an owner will borrow heavily against the property, then try to sell it before the bank takes it, pay off the bank and hopefully make a small amount, In reality, the spent what's borrowed, then make an arrangement as has been done here, then walk away ! Let them do whatever they want as he has had his money, probably had 85-90 % off the bank, the 200k of the woman.May even have bought a 2nd property with it.

 

 

Horrible to be stuck in,won't be the first , sure as he'll wong be the last.

[Sparktrader]

3 minutes ago, Bruno123 said:

 

Who cares if he has pocketed it? She wasn't going to stay in the house for free. Is there a system wherein she can sue because the house could not be sold in that way? If not, don't waste energy on that route.

Find out how much it costs to keep the house in the first instance. Keeping the place is the best option.

Only if cheap. Otherwise walk away. 

[Hummin]

What kind of agreement and paperwork is done, and also whitenesses? Seems like an lawyer is first move to look at it. If no legal paperwork, then I guess there is no case. 

[scubascuba3]

Anyway, all she's really lost is the initial 100k and amount spent on the house, the 4k a month is same rent anyway. Maybe strip the house to recover what she's spent

 

[Sparktrader]

I heard of these loans in Oz. Bit dodgy. You pay for 5 years on a 20 year term. You stop paying, u get nothing.

 

Better of renting.

[Sparktrader]

200k in

 

Worth spending 5k on a lawyer

Should have used a lawyer up front

 

[OneMoreFarang]

How about you post here the contract that she bought the house?

You can grey out the names, addresses, etc.

 

Maybe your gf is innocent. But I think it is common knowledge in Thailand that property is registered in the owner's name at the land department. Just a written contract between two parties is not good enough. Even innocent girls know that...

[yang123]

She paid a down payment of 100,000 baht, and has been paying 4,400 baht per month ever since, not directly to the bank, but to the owner. 

 

Does she have proof of these payments?

[Sparktrader]

6 minutes ago, yang123 said:

She paid a down payment of 100,000 baht, and has been paying 4,400 baht per month ever since, not directly to the bank, but to the owner. 

 

Does she have proof of these payments?

U would hope do. If cash the money is gone.

[rudi49jr]

23 minutes ago, yang123 said:

She paid a down payment of 100,000 baht, and has been paying 4,400 baht per month ever since, not directly to the bank, but to the owner. 

 

Does she have proof of these payments?

Yes, she paid by bank.

[ericthai]

1 hour 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. 

Go to the police with the contract and get everything documented.

Then go talk to the bank and explain what is going on and see if you can make arrangements with the bank to bring the loan up to date. If things work out start paying the bank directly.   

 

PS make sure the sales contract is registered with the land department. 

[PJ71]

1 hour ago, CharlieH said:

Make a Police report and get it recorded there with as much info and proof  as possible, she may not be the only one effected by his actions.

 

Has she contacted him at all about this ?

What can the police do exactly?

 

Unfortunately lack off DD by the lady, she won't have a leg to stand on legally.

[PJ71]

13 minutes ago, ericthai said:

If things work out start paying the bank directly.   

it's not her loan to pay.

[Sparktrader]

12 minutes ago, ericthai said:

Go to the police with the contract and get everything documented.

Then go talk to the bank and explain what is going on and see if you can make arrangements with the bank to bring the loan up to date. If things work out start paying the bank directly.   

 

PS make sure the sales contract is registered with the land department. 

He isnt in Thailand by the sounds of it. If its a future contract wont be accepted by land titles.

 

It sounds like a future factoring contract. She would have to pay it out for contract to be complete.

 

If not signed by lawyer or witness could be worthless.

[Onerak]

2 hours ago, Sparktrader said:

It doesnt take 2 years to change a name on a house.

Name in the chanote does not change unless fully paid up. My GF (also mother of my daughter) bought from a developer a brand new house but she did not get her chanote for full two years when she was paying the developer. 

[ericthai]

6 minutes ago, PJ71 said:

it's not her loan to pay.

Did you read what I posted!  as you're only quoting part of my post!!!

 

I said to work things out with the bank and then pay the bank directly. 

 

[Sparktrader]

Just now, ericthai said:

Did you read what I posted!  as you're only quoting part of my post!!!

 

I said to work things out with the bank and then pay the bank directly. 

 

Then she needs a loan too

[Mac Mickmanus]

25 minutes ago, ericthai said:

Go to the police with the contract and get everything documented.

Then go talk to the bank and explain what is going on and see if you can make arrangements with the bank to bring the loan up to date. If things work out start paying the bank directly.   

 

PS make sure the sales contract is registered with the land department. 

The bank will confiscate the house and then put it up for auction and then the GF could bid for the property at an auction 

[PJ71]

4 minutes ago, ericthai said:

Did you read what I posted!  as you're only quoting part of my post!!!

 

I said to work things out with the bank and then pay the bank directly. 

 

Yes i read it, you want her to go to the bank and make arrangements on loan that is not hers, what's to work out? 

 

You expect the bank to discuss someone elses details and arrange a payment plan? really....

 

wow

[lopburi3]

This sounds very suspect (in that she was never going to be able to own house) but have no information on real value so hard to know.  But 4400 per month is likely less than a normal rental rate so does not make sense that house would be owned by her in less than many decades (also no information on that).  Another item is "contract" but no information on what that called for or how it was recorded.

 

I suspect paying errors and taking over bank payments is beyond her ability - but appears it might save the house if it could be arranged and even more so if keeps owner from getting bad treatment from bank.

 

There are all kinds of scams these days and really can not understand the very low monthly payment and 100k being able to buy a house over any period of time - but not sure owners default was part of a scam plan (but would not 100% rule it out - especially if bank contacts are not done in the bank).

[Iamfalang]

2 hours ago, rudi49jr said:

Let’s get something straight here: I’ve been together with my girlfriend for 12 years and I trust her with my life, so stop with the ‘they both conned u’, OK? Jeez. 

As a troller myself, I'm sure they are not as malicious as you think.   They sense blood in the water, and the sharks attack.  That comes with posting...

 

Filter out the sharks and wait for the diamond responses.

 

maybe just buy the house and put it in her name, get married, happily ever after.....

[DrDave]

1 hour ago, Sparktrader said:

Banks just want their money back.

 

But the bank would need to repossess it first. The whole thing could take months.

 

We had a similar situation. Wife's brother took a loan from the bank using family land as collateral. Brother fell behind in payments, and the bank threatened to repo the land. Wife worked out a deal to clear the bank debt and have brother sign over the chanote to her.  Very quick and easy. Maybe the OP could do something similar?

[d4dang]

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

[DrDave]

30 minutes ago, Onerak said:

Name in the chanote does not change unless fully paid up. My GF (also mother of my daughter) bought from a developer a brand new house but she did not get her chanote for full two years when she was paying the developer. 

That doesn't sound right. Normally, you go to the land office with the seller, make the payment to the seller then and there, and get issued the chanote in your name very quickly.

 

*EDIT* I missed the first line of the quote. Absolutely correct that the name on the chanote doesn't change until fully paid up, or all liens are satisfied. I was thinking of an all cash sale.

[aldriglikvid]

This is not an issue as this was not a proper transaction in the first place. She didn't "buy" the house nor does she own the title. The current owner owns the house until payment is done in full. 
 

[ericthai]

21 minutes ago, PJ71 said:

Yes i read it, you want her to go to the bank and make arrangements on loan that is not hers, what's to work out? 

 

You expect the bank to discuss someone elses details and arrange a payment plan? really....

 

wow

She has a contract with the owner.

you go to the bank with the contract, police report etc and it can be worked out.

I have a Thai friend that did this last year.

 

Contract was written between the owner and my friend and he worked it out with the bank.

The bank doesn't care who makes the payment on the loan. 

[PJ71]

4 minutes ago, ericthai said:

She has a contract with the owner.

you go to the bank with the contract, police report etc and it can be worked out.

I have a Thai friend that did this last year.

 

Contract was written between the owner and my friend and he worked it out with the bank.

The bank doesn't care who makes the payment on the loan. 

and if the owner does not cooperate?

[rudi49jr]

1 minute ago, PJ71 said:

and if the owner does not cooperate?

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

[Sparktrader]

Just now, rudi49jr said:

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

Get her dad to help her.