Advice Needed On House Repossession

[jake888]

Can someone give some advice? My girlfriends mother who lives in Phichit, has found a repossession notice nailed to her door. If she doesnt pay back the 200,000 B she guaranteed for her sister in law (to buy a car with) within 2 weeks they will repossess her house. The sister in law is bad news and doesnt want to know - says its not her problem.

Yes we all know it was an idiot signing the loan papers etc but she didnt know at the time her own family would rip her off in cold blood.

Firstly - is it worth getting a lawyer? or is it an open and shut case?

If it is worth getting a lawyer, are there 'no win no fee' lawyers in Thailand? or can anyone recommend a lawyer who can sort this - pref in Phichit.

Im in England now and cant do much and the GF is too upset to do anything

Thanks for any constructive advice

Edited July 7, 2010 by jake888

[sarahsbloke]

1) My first bit of constructive advice is, don't send the gf 200,000bht.

2) My second bit of constructive advice is never get involved with the financial problems of Thais you hardly know.

3) Listen to the sister-in-law and repeat after her, not my problem.

4) These scams always have a very short lead date (in this case 2 weeks) to put you under pressure.

5) If you cave-in and offer to pay the loan, make it a condition that the chanote on the house has noted on it that you hold a 200,000bht loan on the home, registered at the land office and you hold the owners copy of the chanote so effectively you own the house, they can't sell or take out another loan on the property, one of the few ways a non-Thai can sort-of hold a property title.

PS

Repossession of a house is very hard for anyone to do in Thailand, very rare, takes years, in other words I don't believe the notice exists or was ever posted on the door. (and if my wife had tried this story on with me, I would have laughed in her face)

Edited July 7, 2010 by sarahsbloke

[Capex]

1) My first bit of constructive advice is, don't send the gf 200,000bht.

2) My second bit of constructive advice is never get involved with the financial problems of Thais you hardly know.

3) Listen to the sister-in-law and repeat after her, not my problem.

4) These scams always have a very short lead date (in this case 2 weeks) to put you under pressure.

5) If you cave-in and offer to pay the loan, make it a condition that the chanote on the house has noted on it that you hold a 200,000bht loan on the home, registered at the land office and you hold the owners copy of the chanote so effectively you own the house, they can't sell or take out another loan on the property, one of the few ways a non-Thai can sort-of hold a property title.

PS

Repossession of a house is very hard for anyone to do in Thailand, very rare, takes years, in other words I don't believe the notice exists or was ever posted on the door. (and if my wife had tried this story on with me, I would have laughed in her face)

Wot he said - Emphatically!!!!!

[sibeymai]

1) My first bit of constructive advice is, don't send the gf 200,000bht.

2) My second bit of constructive advice is never get involved with the financial problems of Thais you hardly know.

3) Listen to the sister-in-law and repeat after her, not my problem.

4) These scams always have a very short lead date (in this case 2 weeks) to put you under pressure.

5) If you cave-in and offer to pay the loan, make it a condition that the chanote on the house has noted on it that you hold a 200,000bht loan on the home, registered at the land office and you hold the owners copy of the chanote so effectively you own the house, they can't sell or take out another loan on the property, one of the few ways a non-Thai can sort-of hold a property title.

PS

Repossession of a house is very hard for anyone to do in Thailand, very rare, takes years, in other words I don't believe the notice exists or was ever posted on the door. (and if my wife had tried this story on with me, I would have laughed in her face)

Wot he said - Emphatically!!!!!

Couldn't agree more.

(ps. If you've a real need to blow 200,000bt send me a PM. 200,000bt will also get you lots of new GFs on your next visit0)

[GuestHouse]

It's not unusual for a possession order on property in Thailand to take two or more years to clear the courts.

A notice to take possession in two weeks is total Bull S....

In the fist instance the lender would persue the debtor in court, when they can't pay the lender would then persue the guarantor.

Your G/F's mother would be served with a court summons for an initial hearing to determine if she had signed the loan.

She would then go for a second hearing to determine if she is willing/able to pay the debt - she could come to very reasonable terms with repayments and interest dictated by the court.

Only when she failed to meet the court order for payment terms would she then be taken back to court to seize the property.

Tell your G/F to try it on with some other Farang..... if she is not already doing so.

[rgs2001uk]

It's not unusual for a possession order on property in Thailand to take two or more years to clear the courts.

A notice to take possession in two weeks is total Bull S....

In the fist instance the lender would persue the debtor in court, when they can't pay the lender would then persue the guarantor.

Your G/F's mother would be served with a court summons for an initial hearing to determine if she had signed the loan.

She would then go for a second hearing to determine if she is willing/able to pay the debt - she could come to very reasonable terms with repayments and interest dictated by the court.

Only when she failed to meet the court order for payment terms would she then be taken back to court to seize the property.

Tell your G/F to try it on with some other Farang..... if she is not already doing so.

As GH has said above, however with one small ammendment to the last sentence, tell your EX girlfriend to try it on with her next farang boyfriend.

[Khun Jean]

She already tried that story on me too. I told her to bother her english boyfriend about that. I guess she did.

[jake888]

Hi Everyone

Thanks for your replies. Much appreciated.

I think I should point out Ive been with the girlfriend 7 years and she is paying the 200k not me.

It sounds like we will go to court and battle it out there

[moe666]

Hi Everyone

Thanks for your replies. Much appreciated.

I think I should point out Ive been with the girlfriend 7 years and she is paying the 200k not me.

It sounds like we will go to court and battle it out there

Even though you never mentioned being asked for money the brain trust at thaivisa jumped to that conclusion.

[dumball]

moe666' date='2010-07-08 00:59' timestamp='1278525550' post='3735526']

'jake888' date='2010-07-08 01:53' timestamp='1278525239' post='3735521']

Hi Everyone

Thanks for your replies. Much appreciated.

I think I should point out Ive been with the girlfriend 7 years and she is paying the 200k not me.

It sounds like we will go to court and battle it out there

Even though you never mentioned being asked for money the brain trust at thaivisa jumped to that conclusion.

You have been 'With' the girl friend for 7 years but in England at this time , how much actual time have you spent with her in the past 7 years ? You also said the GF was too upset to do anything at this time , suddenly 'She' is paying the 200,000 when in fact it has not been legaly established any money has to be paid . It sounds as if 'You' do not have a problem at this time , unless of course , you are fronting the GF the cash , let 'Them' go through all of the legal procedures and keep track from jolly old England .

[tonywebster]

ok, first of all a lot of what is written above is bullshit.

recently we had this issue, my gf had loans out against the house, she was paying one but not the other. Same situation, notice on the front gate, pay 270,000 by a certain date (around two weeks), this was Government Housing Bank, I went with her to the bank and spoke with a helpful woman, the house was due to go into the auction two weeks later, so she had 2 weeks to get the money, she also said we could turn up at the auction and protest it however we could only do this once, this would then give around a further 2 weeks before the next auction.

So we went to the first auction, the house goes through the auction, you then protest the sale and they have to accept the protest. We then paid the outstanding before the second auction.

Forget about courts and lawyers, the court has already ordered the sale and you will be wasting your money. Pay the money, or attend the first auction and this will buy you more time. Trust me on this, I am talking from recent experience, as in last month.

[PattayaParent]

Surely they would have repossessed the car first and sold that off to pay the debt?

And only then if there was still outstanding debt have sent the guarantor a notice to pay before taking action against her assets?

How do they even konw that she owns the house that this notice is pinned to?

Something's rotten in the state of Phichit to borrow a phrase from Shakespeare.

[dave111223]

Seems weird that you'd need to put a house up as collateral on a car loan.

When we bought our car we put about 15% down, and on the loan my wife just signed the documents etc.. she did not have to show any kind of property deeds or put property up against the loan.

So i don't see why they required not only to have a co-signer on the loan, but the co-signer even had to pledge their property against the loan?

And as others have pointed out if this is the stage where assets are being repossessed it means this has been in the pipeline for a LONG time. It's not like these things just fall in your lap out of the blue, there would have been notices, then final notices, then final final notices etc... Then court dates, then more notices, then maybe a "real" final notice that you described...

[tonywebster]

Seems weird that you'd need to put a house up as collateral on a car loan.

When we bought our car we put about 15% down, and on the loan my wife just signed the documents etc.. she did not have to show any kind of property deeds or put property up against the loan.

So i don't see why they required not only to have a co-signer on the loan, but the co-signer even had to pledge their property against the loan?

And as others have pointed out if this is the stage where assets are being repossessed it means this has been in the pipeline for a LONG time. It's not like these things just fall in your lap out of the blue, there would have been notices, then final notices, then final final notices etc... Then court dates, then more notices, then maybe a "real" final notice that you described...

dave, I can say 100% that the first we knew about repossession was a notice pinned to the gate, followed by a letter from a law company the next day, and the notice stated that the property would be in auction two weeks after. Things here do not always follow a set pattern, at no time was my missus called to court, if she was we would have dealt with it at that point.

I think the thing to do is expect the unexpected, don't expect to be called to court as in our case it was all done in our absence and without our knowledge, actually thinking back the the first we knew was when i saw someone outside looking at the house, i went out and they showed me paperwork, I called the missus, she called the bank and only then the bank came and put the notice on the gate.

Edited July 8, 2010 by tonywebster

[evanson]

They don't 'pin Notices to doors'. First step is to send notification by post which must be signed for on one of those little pink cards issued by the post office.

[sarahsbloke]

dave, I can say 100% that the first we knew about repossession was a notice pinned to the gate, followed by a letter from a law company the next day, and the notice stated that the property would be in auction two weeks after. Things here do not always follow a set pattern, at no time was my missus called to court, if she was we would have dealt with it at that point.

Of course there is one other possibility to explain your experience or repossession being 'different' to all of ours.

If I may correct the wording of your statement to read

"dave, I can say 100% that the first I knew about repossession was a notice pinned to the gate"

then we have a version of reality that all the posters at TV would probably agree with.

The ability of the Thai lady to hide things her teerak might not like to know is very well-developed.

After all, you have already suggested that she omitted to tell you about the second loan on the house, what else may she have 'forgotten' (which makes me wonder, did you in fact know of either loan against the house before the end game? did you hand over your cash to fix the situation? and worst of all did your gf successfully scam you?)

This appears to be true of Thai ladies of both the good and the bad type.

Edited July 8, 2010 by sarahsbloke

[tonywebster]

dave, I can say 100% that the first we knew about repossession was a notice pinned to the gate, followed by a letter from a law company the next day, and the notice stated that the property would be in auction two weeks after. Things here do not always follow a set pattern, at no time was my missus called to court, if she was we would have dealt with it at that point.

Of course there is one other possibility to explain your experience or repossession being 'different' to all of ours.

If I may correct the wording of your statement to read

"dave, I can say 100% that the first I knew about repossession was a notice pinned to the gate"

then we have a version of reality that all the posters at TV would probably agree with.

The ability of the Thai lady to hide things her teerak might not like to know is very well-developed.

After all, you have already suggested that she omitted to tell you about the second loan on the house, what else may she have 'forgotten' (which makes me wonder, did you in fact know of either loan against the house before the end game? did you hand over your cash to fix the situation? and worst of all did your gf successfully scam you?)

This appears to be true of Thai ladies of both the good and the bad type.

there was one loan on the house that was to be paid back into two accounts, she misread the situation and had been paying one, the amount she was paying into one was indeed enough to cover the two accounts but as one account had not been paid into at all they went down the route of repossession.

As for my wife scamming me you could not be further from the truth, I never paid a penny towards the 270,000 and left her to deal with it, which resulted in her selling jewellery and her car, we live together for 5 years, have no secrets and she has NEVER asked me for anything. She has a good enough job, never met her in a bar (as no doubt your narrow mind is thinking) and my attitude was that she messed up so she can solve it. Her version of it is correct about the two accounts as I checked when i visited the GHB with her and spoke with the staff there, and the payment into the one account was checked and the amount was indeed enough to cover the 2 payments.

Please don't assume that all farangs here are idiots that get milked, there are some decent women here that ask for nothing except love and that is what she gets, if however she had asked me (or if it got to the point where she would lose the house) then I would have paid, but as I said to her she should try and solve this herself first, and she managed to do that.

Take your small mind and stick it where the sun don't shine, idiots like you with stupid accusations are one of the reasons this forum has gone downhill.

[sarahsbloke]

I'm sorry Tony, I didn't mean to upset you.

Clearly your Thai lady is different to all the others, and I wish you well.

Met my first (UK) wife in a bar, thinking about it, pretty much met every girl I ever dated (or had sex with) in a bar or drinking establishment of some sort ...... is that bad?

PS

... you did previously specify gf ....... and not wife.

Congratulations on your marriage between post 22 and post 36.

PPS

My telephone bill is always lost in the post when it's a big one, my wife doesn't like me getting bad news ...........for a week or two.

Guess my wife is not so good, she has plenty of secrets, but she is also very pretty. I never have problems with secrets.

Edited July 8, 2010 by sarahsbloke

[maccaroni man]

ok, first of all a lot of what is written above is bullshit.

recently we had this issue, my gf had loans out against the house, she was paying one but not the other. Same situation, notice on the front gate, pay 270,000 by a certain date (around two weeks), this was Government Housing Bank, I went with her to the bank and spoke with a helpful woman, the house was due to go into the auction two weeks later, so she had 2 weeks to get the money, she also said we could turn up at the auction and protest it however we could only do this once, this would then give around a further 2 weeks before the next auction.

So we went to the first auction, the house goes through the auction, you then protest the sale and they have to accept the protest. We then paid the outstanding before the second auction.

Forget about courts and lawyers, the court has already ordered the sale and you will be wasting your money. Pay the money, or attend the first auction and this will buy you more time. Trust me on this, I am talking from recent experience, as in last month.

that is a very fast turn around time to auction and yes you have the right to refuse the highest bid 3x, and if there is more than one name on the title that is 3x per owner. i dont think they hold an auction more than 1 time per month. typically it will take a min. of yrs to see a completed npl cleared from the banks books.

[dave111223]

there was one loan on the house that was to be paid back into two accounts, she misread the situation and had been paying one, the amount she was paying into one was indeed enough to cover the two accounts but as one account had not been paid into at all they went down the route of repossession.

As for my wife scamming me you could not be further from the truth, I never paid a penny towards the 270,000 and left her to deal with it, which resulted in her selling jewellery and her car, we live together for 5 years, have no secrets and she has NEVER asked me for anything. She has a good enough job, never met her in a bar (as no doubt your narrow mind is thinking) and my attitude was that she messed up so she can solve it. Her version of it is correct about the two accounts as I checked when i visited the GHB with her and spoke with the staff there, and the payment into the one account was checked and the amount was indeed enough to cover the 2 payments.

Please don't assume that all farangs here are idiots that get milked, there are some decent women here that ask for nothing except love and that is what she gets, if however she had asked me (or if it got to the point where she would lose the house) then I would have paid, but as I said to her she should try and solve this herself first, and she managed to do that.

Take your small mind and stick it where the sun don't shine, idiots like you with stupid accusations are one of the reasons this forum has gone downhill.

If she paid enough to cover the entire payment into 1 account, wouldn't the 270,000 still be remaining in that account which could just be used to pay the unpaid loan on 2nd account? So why did she need to sell her car and jewelery to pay off the loan?

The banks sends a receipt of your payment each month. You're wife didn't think it odd that she was paying XXXXXX per month, but each month the receipt said she had only paid half of that?

[robblok]

there was one loan on the house that was to be paid back into two accounts, she misread the situation and had been paying one, the amount she was paying into one was indeed enough to cover the two accounts but as one account had not been paid into at all they went down the route of repossession.

As for my wife scamming me you could not be further from the truth, I never paid a penny towards the 270,000 and left her to deal with it, which resulted in her selling jewellery and her car, we live together for 5 years, have no secrets and she has NEVER asked me for anything. She has a good enough job, never met her in a bar (as no doubt your narrow mind is thinking) and my attitude was that she messed up so she can solve it. Her version of it is correct about the two accounts as I checked when i visited the GHB with her and spoke with the staff there, and the payment into the one account was checked and the amount was indeed enough to cover the 2 payments.

Please don't assume that all farangs here are idiots that get milked, there are some decent women here that ask for nothing except love and that is what she gets, if however she had asked me (or if it got to the point where she would lose the house) then I would have paid, but as I said to her she should try and solve this herself first, and she managed to do that.

Take your small mind and stick it where the sun don't shine, idiots like you with stupid accusations are one of the reasons this forum has gone downhill.

If she paid enough to cover the entire payment into 1 account, wouldn't the 270,000 still be remaining in that account which could just be used to pay the unpaid loan on 2nd account? So why did she need to sell her car and jewelery to pay off the loan?

The banks sends a receipt of your payment each month. You're wife didn't think it odd that she was paying XXXXXX per month, but each month the receipt said she had only paid half of that?

Probably because of the extra interest that was calculated. If you are late it can get real expensive. Also costs might be made.

[astral]

The scams Thais will think up are truely Amazing.

[buddy]

1) My first bit of constructive advice is, don't send the gf 200,000bht.

2) My second bit of constructive advice is never get involved with the financial problems of Thais you hardly know.

3) Listen to the sister-in-law and repeat after her, not my problem.

4) These scams always have a very short lead date (in this case 2 weeks) to put you under pressure.

5) If you cave-in and offer to pay the loan, make it a condition that the chanote on the house has noted on it that you hold a 200,000bht loan on the home, registered at the land office and you hold the owners copy of the chanote so effectively you own the house, they can't sell or take out another loan on the property, one of the few ways a non-Thai can sort-of hold a property title.

PS

Repossession of a house is very hard for anyone to do in Thailand, very rare, takes years, in other words I don't believe the notice exists or was ever posted on the door. (and if my wife had tried this story on with me, I would have laughed in her face)

Spot on, exactly my thoughts...sick buffalo syndrome!

[rgs2001uk]

The scams Thais will think up are truely Amazing.

Whats even more amazing is the farangs that fall for them, then defend the scammers even when its been pointed out the story is total BS.

Took over 3 years for the house 2 doors down from me to be repossessed.