Ugly Divorce & House Involved

[hugobkkboss]

Hello, I am in need of some advice and find many lawyers do not understand nor are educated enough with respect to this specific situation. Here it is...

Bought a house with the wife, guaranteed the loan, divorced over 1 year ago. Right now, the ex has started to play some unbelieveable games. Of course she insisted on taking the house when after we divorced and thought she could afford the 17k per month payment. Now she is several hundo thousand in debt etc and doesnt "feel like paying the house anymore"!! I guaranteed the loan and the bank, according to them, will take us BOTH to court to get the money back if she defaults. I also have a signed document from the ex that she will pay me 400k once the house is sold. She now says, if you want to get the money back when she sells, then start paying the mortgage again. I don t live there anymore and have not since divorce. Obviously i will not throw good money after bad and refuse to pay. What will happen to me at the bank? Banks states they go after US not her first then me!! Should i take her to court now to head her off at the pass? If she doesnt pay, and the bank comes after me too, penalties could be in the million plus range. Plus, credit in Thailand fawked forever, and no management position available as i will declare bankruptcy. Trying to talk to this one...well, i think you all know! ADvice, ideas please!!

[Ajarn]

Not being a legal expert in any way helpfull to you, I'd suggest this is the kind of situation where I'd cut my losses and get the ###### away. Let the bank foreclose. I've never heard of a bank actually taking individuals to court in such a case, but I don't know of anyone personally who has defaulted on a bank mortgage. They just seem to foreclose and auction it off...

It sounds like you'd possibly never see any 400k anyway since the house and the loan are in her name, and collecting such debts here is VERY difficult, hence, the many alternative methods often used here to 'get even'....

Edited February 7, 2005 by Ajarn

[mouse]

Force her to sell and pay off the loan asap. If you want to save the property then trick her into selling to a friend of yours that is acting on your behalf. Be careful whatever you do. Bankruptcy is never a solution!! Oh and find another lawyer quickly, one that understands you and the problem.

Keep us informed.

[Digger]

Hello, I am in need of some advice and find many lawyers do not understand nor are educated enough with respect to this specific situation. Here it is...

Bought a house with the wife, guaranteed the loan, divorced over 1 year ago. Right now, the ex has started to play some unbelieveable games. Of course she insisted on taking the house when after we divorced and thought she could afford the 17k per month payment. Now she is several hundo thousand in debt etc and doesnt "feel like paying the house anymore"!! I guaranteed the loan and the bank, according to them, will take us BOTH to court to get the money back if she defaults. I also have a signed document from the ex that she will pay me 400k once the house is sold. She now says, if you want to get the money back when she sells, then start paying the mortgage again. I don t live there anymore and have not since divorce. Obviously i will not throw good money after bad and refuse to pay. What will happen to me at the bank? Banks states they go after US not her first then me!! Should i take her to court now to head her off at the pass? If she doesnt pay, and the bank comes after me too, penalties could be in the million plus range. Plus, credit in Thailand fawked forever, and no management position available as i will declare bankruptcy. Trying to talk to this one...well, i think you all know! ADvice, ideas please!!

<{POST_SNAPBACK}>

Suggest you find a proper lawyer someone like T&G or Deacons (both highly competent law firms with either farang or Western educated Thai lawyers on staff) spring to mind - not cheap but probably worth it for an opinion. Depending upon her background, a official sounding letter from them stating your obligations might 'encourage' her to quit while she is ahead. Another idea might be to offer to take over the property and YOU pay her money to move out and release it to you or a company. Banks do not like repo-ing property as its very complicated - have a chat with them and see if you can work out a solution - if she walks away with cash in her pocket - she might go for it, particularly if she believes its costing you a small fortune to solve the problem (even if its not).

[Harmonica]

Hello, I am in need of some advice and find many lawyers do not understand nor are educated enough with respect to this specific situation. Here it is...

Bought a house with the wife, guaranteed the loan, divorced over 1 year ago. Right now, the ex has started to play some unbelieveable games. Of course she insisted on taking the house when after we divorced and thought she could afford the 17k per month payment. Now she is several hundo thousand in debt etc and doesnt "feel like paying the house anymore"!! I guaranteed the loan and the bank, according to them, will take us BOTH to court to get the money back if she defaults. I also have a signed document from the ex that she will pay me 400k once the house is sold. She now says, if you want to get the money back when she sells, then start paying the mortgage again. I don t live there anymore and have not since divorce. Obviously i will not throw good money after bad and refuse to pay. What will happen to me at the bank? Banks states they go after US not her first then me!! Should i take her to court now to head her off at the pass? If she doesnt pay, and the bank comes after me too, penalties could be in the million plus range. Plus, credit in Thailand fawked forever, and no management position available as i will declare bankruptcy. Trying to talk to this one...well, i think you all know! ADvice, ideas please!!

Don't know where you're located but the International Law Office in Phuket has handled a few of these -- a 30-min free initial consultation can't set you back much in terms of time and efort. That's my rec.

[hugobkkboss]

Unfortunately, located in Bangkok. Do you have a name and/or contact number for those guys in Pook? Would like to sort this out, maybe they have an affiliate or can recommend someone in bkk

[pautai]

looks like a lost cause -cut and run .

how could you get yourself into such a mess knowing all the pitfalls ?

dont worry 1000s of guys have been in the same position as you .but at least you didnt lose everything .

the bank will foreclose and sell on the property ...

[Harmonica]

Unfortunately, located in Bangkok. Do you have a name and/or contact number for those guys in Pook? Would like to sort this out, maybe they have an affiliate or can recommend someone in bkk

www.phuketgazette.com

then start your search for the International Law Office.

Hang in there amigo -- take it one step at a time -- if after everything it looks like you're going to be financially ruined creditwise etc., start moving your funds out of here and on to Singapore -- then tell the bank to repo it if you can't get a buyer to take your discounted offer.

Walkaway from the loss -- and for crying out loud, rent p*ssy from now on instead of buying!

[Digger]

Unfortunately, located in Bangkok. Do you have a name and/or contact number for those guys in Pook? Would like to sort this out, maybe they have an affiliate or can recommend someone in bkk

<{POST_SNAPBACK}>

If your exposed to a 1,000,000 baht loss and possible other issues you highlighted in your original post, I am struggling to understand why you would even contemplate talking to a law firm in one of the provinces. Anybody who knows Thailand, also knows that Bangkok is where the best people work - Is it the opportunity to have a 30 minute "free" consultation and then hope to get a definative solution without paying for it? Somehow I can't see that happening. If you want the best legal advice in Thailand, you will find it in BKK and at one of the half dozen or so A list law firms. You have already said that you cant find anyone to understand your problem, so somehow cant imagine some sleepy guy in Phuket is going to be the answer your looking for. Just imagine your ex-wife getting some kind of letter from a lawyer in Phuket - she will likely laugh her head off and is not inclined to take it seriously. Conversly, if your BKK lawyer seek a meeting with the bank concerned, you can be sure they will take it seriously if your using a top flight firm and see if you can work out a solution with them directly - conversly your wife will also take them more seriously.

I have seen 3 examples in Thailand where my former employer used some of the senior partners from these law firms and they ran rings round everyone and in every case, we got the result we wanted. Typically these guys are SO highly respected that they scare the S**t out of the opposition before even walking in the room and that includes other lesser lawyers. One example springs to mind where we had been trying to conclude a purchase agreement gone bad and it had been dragging on for 1 year. Finally we involved our lawyers. Explained the problem to them, they said thats a case for Khun XXX, our Thai senior partner - he had one meeting with the other party and lawyer and resolved it in our favour saving us some 20,000,000 baht in purchase fee's - nothing went to court, nothing was in the agreement but what we unearthed was a crock of s**t in what we had purchased. He used that to his advantage and resolved it in a very diplomatic and face saving way but he was as hard as nails in how he handled the whole affair. The former owner and his misses truly knew that they were well out of their depth along with their cheapo lawyer and it was like theatre hearing about it afterwards. None of the farang were in the room from the acquiring company and the meetings were all held on neutral ground as I recall he suggested hiring a boardroom at the Oriental to intimidate them. Certainly had the right effect.

[roiet]

Unfortunately, located in Bangkok. Do you have a name and/or contact number for those guys in Pook? Would like to sort this out, maybe they have an affiliate or can recommend someone in bkk

<{POST_SNAPBACK}>

www.phuketgazette.com

then start your search for the International Law Office.

Hang in there amigo -- take it one step at a time -- if after everything it looks like you're going to be financially ruined creditwise etc., start moving your funds out of here and on to Singapore -- then tell the bank to repo it if you can't get a buyer to take your discounted offer.

Walkaway from the loss -- and for crying out loud, rent p*ssy from now on instead of buying!

<{POST_SNAPBACK}>

1. A foreigner can never guarantee a loan, on a house it is impossible.The paper you signed is useless.

2. The bank will sell the house and give the remaining money to your ex.

3. You can only learn

[hugobkkboss]

1. A foreigner can guarantee a loan no? as they are the counterparty in a condo purchase loan.

2. This is SCB Bank not some hobunk jobbie for a bank

3. They used all my credit for the loan and income and i signed the loan documents as a guarantor.

??? - this is what happened, and now you say a foriegner cannot guarantee a loan? tell me more please

Thank you all

[andywood]

Hello, I am in need of some advice and find many lawyers do not understand nor are educated enough with respect to this specific situation. Here it is...

Bought a house with the wife, guaranteed the loan, divorced over 1 year ago. Right now, the ex has started to play some unbelieveable games. Of course she insisted on taking the house when after we divorced and thought she could afford the 17k per month payment. Now she is several hundo thousand in debt etc and doesnt "feel like paying the house anymore"!! I guaranteed the loan and the bank, according to them, will take us BOTH to court to get the money back if she defaults. I also have a signed document from the ex that she will pay me 400k once the house is sold. She now says, if you want to get the money back when she sells, then start paying the mortgage again. I don t live there anymore and have not since divorce. Obviously i will not throw good money after bad and refuse to pay. What will happen to me at the bank? Banks states they go after US not her first then me!! Should i take her to court now to head her off at the pass? If she doesnt pay, and the bank comes after me too, penalties could be in the million plus range. Plus, credit in Thailand fawked forever, and no management position available as i will declare bankruptcy. Trying to talk to this one...well, i think you all know! ADvice, ideas please!!

<{POST_SNAPBACK}>

Don't know where you're located but the International Law Office in Phuket has handled a few of these -- a 30-min free initial consultation can't set you back much in terms of time and efort. That's my rec.

<{POST_SNAPBACK}>

[andywood]

1. A foreigner can guarantee a loan no? as they are the counterparty in a condo purchase loan.

2. This is SCB Bank not some hobunk jobbie for a bank

3. They used all my credit for the loan and income and i signed the loan documents as a guarantor.

??? - this is what happened, and now you say a foriegner cannot guarantee a loan? tell me more please

Thank you all

<{POST_SNAPBACK}>

Try Sunbelt Legal [email protected] they are in BKK you can call them on 026420213.......maybe you can rent the house it would help with the payments...be very nice to the ex and trick her....good luck...Andy

[jackr]

be very nice to the ex and trick her....

...or, just kill the bitch!

[andyadam]

be very nice to the ex and trick her....

...or, just kill the bitch!

<{POST_SNAPBACK}>

20000 baht and for everything else there's Bastardcard!!!!!!