Legal Execution Department

[caf]

Anyone any experience of dealing with the legal execution department. Auctioning the property following a judges order seems to be taking a long time. Not even sure it has been started

Any alternatives?

Thanks guys

[caf]

From what I understand most lawyers don't use legal execution for farang clients, although for thais it is the normal redress after a judges decision

Maybe its only farang cases that never get processed

[trogers]

From what I understand most lawyers don't use legal execution for farang clients, although for thais it is the normal redress after a judges decision

Maybe its only farang cases that never get processed

?? What farang case involving foreclosure of real property?

A foreigner cannot legally own landed properties in his name. A foreigner buying a condo needs to pay cash up front, and not a mortgage, to effect title transfer.

[caf]

From what I understand most lawyers don't use legal execution for farang clients, although for thais it is the normal redress after a judges decision

Maybe its only farang cases that never get processed

?? What farang case involving foreclosure of real property?

A foreigner cannot legally own landed properties in his name. A foreigner buying a condo needs to pay cash up front, and not a mortgage, to effect title transfer.

The court order required the house and land to be sold and 40% given to me. The judges further ordered that 100% of other assets were to be transferred to my name. That has happened but the legal execution department has not yet auctioned or sold the land and house.

Although farangs can not own land, on divorce they can force a 50 50 or other agreed split. The farang can not get the title but he can get the proceeds. Technically that can happen if the farang can prove payment of the asset but that is not usually held up by the courts.

[trogers]

From what I understand most lawyers don't use legal execution for farang clients, although for thais it is the normal redress after a judges decision

Maybe its only farang cases that never get processed

?? What farang case involving foreclosure of real property?

A foreigner cannot legally own landed properties in his name. A foreigner buying a condo needs to pay cash up front, and not a mortgage, to effect title transfer.

The court order required the house and land to be sold and 40% given to me. The judges further ordered that 100% of other assets were to be transferred to my name. That has happened but the legal execution department has not yet auctioned or sold the land and house.

Although farangs can not own land, on divorce they can force a 50 50 or other agreed split. The farang can not get the title but he can get the proceeds. Technically that can happen if the farang can prove payment of the asset but that is not usually held up by the courts.

So the house/property is still under a Thai name. Will take up to a year to get it listed for auction from date of court order. Seen the same to a condo unit in my building, from date of sticking notice on its door to time it was auctioned off.

[caf]

From what I understand most lawyers don't use legal execution for farang clients, although for thais it is the normal redress after a judges decision

Maybe its only farang cases that never get processed

?? What farang case involving foreclosure of real property?

A foreigner cannot legally own landed properties in his name. A foreigner buying a condo needs to pay cash up front, and not a mortgage, to effect title transfer.

The court order required the house and land to be sold and 40% given to me. The judges further ordered that 100% of other assets were to be transferred to my name. That has happened but the legal execution department has not yet auctioned or sold the land and house.

Although farangs can not own land, on divorce they can force a 50 50 or other agreed split. The farang can not get the title but he can get the proceeds. Technically that can happen if the farang can prove payment of the asset but that is not usually held up by the courts.

So the house/property is still under a Thai name. Will take up to a year to get it listed for auction from date of court order. Seen the same to a condo unit in my building, from date of sticking notice on its door to time it was auctioned off.

Land is always under a Thai name and control. Don't see your point. Noone is arguing that point of law

[trogers]

Land is always under a Thai name and control. Don't see your point. Noone is arguing that point of law

The point is, the real property will be treated as Thai owned. Farang issue will not come into the picture.

Maybe its only farang cases that never get processed

And when the property is listed for auction, 3 auction dates will be assigned. If no bids are received in any of those 3 dates, the auction for that property will be deferred further and another 3 new dates will be set.

[eljeque]

The length of time from court order to auction depends on where you are and how busy the court and auction house are. It may take one year, or it may take only five months. You can also go to the auction house yourself and show them the court paperwork and they will take a look at it for you. They are very helpful, but if you have a Thai girlfriend go with you, it will be a lot easier.

I have taken many properties to the auction house based on non-payment of loans and it goes through without a hitch. There are no Foreign / Thai issues.

Four auction dates will be given.

The first one is starting at 80% of land office valuation

The 2nd through 4th start at 50% of land office valuation, although I have also heard of other numbers being used besides the land office valuation. These are the numbers in Pattaya. The percentages used to be different here, so I do not know if they are still different in other parts of the country or they are all the same.

Both the borrower and the lender have the right to refuse the final bid at only one auction.

If there are still foreign units available at the condo complex, then you can use the court order to bid, if you so choose. You would then be liable for the auction house fees, and then pay the taxes at the land office, and sell the unit yourself.

[trogers]

The length of time from court order to auction depends on where you are and how busy the court and auction house are. It may take one year, or it may take only five months. You can also go to the auction house yourself and show them the court paperwork and they will take a look at it for you. They are very helpful, but if you have a Thai girlfriend go with you, it will be a lot easier.

I have taken many properties to the auction house based on non-payment of loans and it goes through without a hitch. There are no Foreign / Thai issues.

Four auction dates will be given.

The first one is starting at 80% of land office valuation

The 2nd through 4th start at 50% of land office valuation, although I have also heard of other numbers being used besides the land office valuation. These are the numbers in Pattaya. The percentages used to be different here, so I do not know if they are still different in other parts of the country or they are all the same.

Both the borrower and the lender have the right to refuse the final bid at only one auction.

If there are still foreign units available at the condo complex, then you can use the court order to bid, if you so choose. You would then be liable for the auction house fees, and then pay the taxes at the land office, and sell the unit yourself.

Delay in disposing of a real property occurs when no one makes a bid in any of the auction dates. Had seen some properties in the auction list. Reason for no bids can be due to a number of factors, but the most common ones are non-limited liability of outstanding debt or tax still tied to it, or the onus upon the successful bidder to clear trespassers or squatters off the property.

[eljeque]

in additon to the above

... For condos, the condo company (juristic person) should receive a letter from the auction house asking of there are any outstanding debts, meaning maitenance fees on the property.

The juristic person is obliged to send this info the the auction house and the auction house should post it on the board where the info for the auctionn of the condo unit is posted. If they don't, then the buyer might get a small surprise when he asks for his letter to allow transfer from the juristic person.

.. It should not be much over one year for maintenance or the jurisitc person would normally send the information to the auction house, but there is no gaurantee that they will.

ON clearing people out. The court / auction officer places a court paper on the door of the unit. Therefore, the tenants are aware of the situation, and unless they have been in the place for 10 years as squatters (not the situation the initial poster is in) then it will not be difficult to have the police remove them.

The initial poster should attend the auction and openly bid on the unit using his judgement from the court in order to eliminate delays. Do this on the second auctio where bidding starts at 50%, not at the first one where bidding starts at 80%.

[trogers]

The initial poster should attend the auction and openly bid on the unit using his judgement from the court in order to eliminate delays. Do this on the second auctio where bidding starts at 50%, not at the first one where bidding starts at 80%.

But if one is keen on the property, he should attend the first auction. If some other party makes a bid during the first auction, and such a bid is not rejected by either debtor or creditor, the property will be sold, and there will not be a 2nd auction.

Edited December 10, 2010 by trogers