Squatters in desired home for sale by bank

[Minnehaha]

Careful of that 10 year rule. Anyone know more about the rights after 10 years?

This is something I have not heard of. Can you tell me more about it?

I believe that if a squatter has continuously occupied a property for 10 years, they can legally claim it.

There are rules like that everywhere but few tend to be exploited. I have heard of people gaining legal right of way after a period of time and some property can be gained by paying back taxes. I would say Thailand would have similar .

Squatters sure can claim the place. And I think it is less than 10 years before they can do so. I think it is much shorter. I have seen this first hand, in several place. The best one was not a poor family, either. The property was beautifully located, the squatter was a former golf pro who drove a Mercedes, and was a fit 71 years old. He was a bit of a gangster but the most interesting part was he lived in one unit with his Filipina gf who was a former singer and about 35 years old. His wife and their children (grown) and 1 grand child lived in another town house. The two were separated by a space that was originally for a garden, as visioned by the original developers. Well, this guy was squatting in his place, had his wife in a place he paid for and then built over the originally open space and created a third living space. I called the guy a gangster cause I saw him wave a gun once and he was very friendly with the police. Good luck trying to get him out.

[hellodolly]

BUT----- I have never been one to avoid problems.

Indeed. Anyone prepared to put his own real money into a property that he cant legally own in a country that he (probably) has no right of abode in, and which has squatters in it as well clearly is not in search of an easy life.

Thanks for the reply mz puzzydong, but follow my reasoning and see if it doesn't make sense even to you.

First I have to either pay rent or make a mortgage payment; it's the same money either way. If I register this property in my business name I then have legal rights to own it.As to no right of abode in LOS, I have been legally married to my Thai wife for 5 years now, so I believe that gives me the right of abode. As for the squatters, answering your reply may be as big a problem as them.

Don't be so quick to put down people and their ideas and you will have a much more satisfying and happy life!!!!!!

Sounds to me like it could be an easy or hard deal.

I was wondering if it has a lot to do with the structure and the location or just because it is cheap?

[HerbalEd]

Mark the fine print clause out of the contract, tell the bank, when premises cleared for your legal move in, you will continue with the purchase of said property.

I agree. However, the OP needs to convince the bank that they will actually buy the house when the squatter is eliminated. Not sure exactly how to do that without earnest money, but if I were in the OP's position I'd pay a good lawyer to draw up a fail-proof contract with the bank to assure my protection.

[HerbalEd]

Why would anyone in their right mind wish to purchase a house with squatters in ?

Can the OP enlighten us to the reason,apart from the possibility of being inexpensive as to why this choice.

Buying and moving into a new home is always pretty stressful enough without this little hidden agenda.

Did you not read the original post? The reason he's here asking is to figure out how to get rid of the squatters so he/she can then purchase a squatter-free house.

[HerbalEd]

Don't rush in to buy a repo property that has hair on it. There will be a flood of these types of properties coming to market in the next year or two as the Thai economy implodes.

How does one say "upside down mortgage" in Thai?

mai dee, mak mak

[dave2]

re

If I register this property in my business name I then have legal rights to own it.As to no right of abode in LOS, I have been legally married to my Thai wife for 5 years now, so I believe that gives me the right of abode

this soi cat has more .... no no no ..

i cant

dave2

[slipperylobster]

refuse to buy it and squat on the property yourself....

[MILT]

@ Assayer

How do you find out about the repo's from back, i thought it was a nice little money making scheme for the bank employee's and all their cronies?

Thanks.

I highly resembl...ah I mean resent that remark. Seriously though most if not all repos are put forward for the public. You are right in the sense that the really awesome investments seldom make it to public viewing.

[harrry]

re

If I register this property in my business name I then have legal rights to own it.As to no right of abode in LOS, I have been legally married to my Thai wife for 5 years now, so I believe that gives me the right of abode

this soi cat has more .... no no no ..

i cant

dave2

What a nice pussy. Is that a ChiangMai one?

[AnotherOneAmerican]

BUT----- I have never been one to avoid problems.

Indeed. Anyone prepared to put his own real money into a property that he cant legally own in a country that he (probably) has no right of abode in, and which has squatters in it as well clearly is not in search of an easy life.

Thanks for the reply mz puzzydong, but follow my reasoning and see if it doesn't make sense even to you.

First I have to either pay rent or make a mortgage payment; it's the same money either way. If I register this property in my business name I then have legal rights to own it.As to no right of abode in LOS, I have been legally married to my Thai wife for 5 years now, so I believe that gives me the right of abode. As for the squatters, answering your reply may be as big a problem as them.

Don't be so quick to put down people and their ideas and you will have a much more satisfying and happy life!!!!!!

As a foreigner you have no rights in Thailand.

OK, so you have the right to be shot and killed by any Thai you seriously annoy.

[Farma]

Squatters - Right of possession

Thailand Civil code part 3 http://www.samuiforsale.com/law-texts/thailand-civil-code-part-3.html#1366

Possession - Sections 1367 - 1386

Section 1382

Section 1382. Where a person has, for an uninterrupted period of ten years in case of an immovable, or five years in case of a movable, peacefully and openly possessed a property belonging to another, with the intention to be its owner, he acquires the ownership of it.

[KittenKong]

Thanks for the reply mz puzzydong, but follow my reasoning and see if it doesn't make sense even to you.

First I have to either pay rent or make a mortgage payment; it's the same money either way. If I register this property in my business name I then have legal rights to own it.

No, you dont. Look it up.

As to no right of abode in LOS, I have been legally married to my Thai wife for 5 years now, so I believe that gives me the right of abode.

Hmmm. You might like to look that up too.

As for the squatters, answering your reply may be as big a problem as them.

Sorry, but that doesnt seem to make any sense at all.

Don't be so quick to put down people and their ideas and you will have a much more satisfying and happy life!!!!!!

My life is very satisfying and happy, thank you. I was merely agreeing with you when you said that you have never been one to avoid problems. This much is clear from your apparent desire to jump to conclusions and even greater desire to involve yourself with dodgy property deals in foreign countries about which you seem to know very little. Rather you than me, but of course it is up to you how you live your life, and good luck to you.

After some 30+ years I have learnt enough about Thailand to understand that I'm much better off here when paying rent and sleeping easy, so that's exactly what I do. YMMV

[bangkokstick]

Cops will help and it's cheap.

[mjsansai]

Careful of that 10 year rule. Anyone know more about the rights after 10 years?

This is something I have not heard of. Can you tell me more about it?

My understanding is that if squatters have been living on the land for ten years and the owners of the land don't have a contract or lease with the squatters, the squatters can petition that the land is abandoned and ask for a deed in their names. I am sure there is more to it

than this but that's what I read many years ago.

[maccaroni man]

Typically when NPL reach the auction stage the owners have 3 opportunities to decline the offer so it may take a few trips to the auction to get the property you want at the price you want. The banks are subject to the same rules so it is best to put your own price on anything you are bidding on. Everything I have purchased at auction has produced a min 35% return on the investment.

[Scotswahay]

Wow! So many people with what they know! In my book it's WHO you know here in Thailand as well as the rest of our world. Not what you know. Sad but in reality so very very true. I wish the Op the best of luck. Chok dee krup!

[Khun Jean]

Find some family members without work and browse the banks property pages for places you like. Then put those family members to work.....

Seriously, the bank wants to sell something, then they must first own it. If a squatter is on it then it is not "free" and the bank is not allowed to sell it.

Unless... you sign a contract that exactly says that it is your responsibility. You can get as many lawyers as you want if the contract is under that condition, then it is under that condition. Accept it or not.

I would say to the bank 'Stuff it', unless there is a +50% discount, then it might be worth the trouble after you checked all the facts.

I have experienced this with a piece of land. 40 rai for sale by Kasikorn. First went to look of course and have a chat with what the bank called 'squatters', they were actually the 'previous' owners.

The land was always in their family for as long as they remembered. A family member screwed up and caused the loss of land. The other family members blame the bank. The bank gave a loan. A credit card loan! Accepted the land paper as security. Only the land paper was not owned by that family member. It was owned by his parents.

You probably understand that these people would never ever leave, because if what they told is true, the criminal party is the bank.

With no money to pay a lawyer or start a court case and the 'fear' of the powerful bank..... nothing happens.

Try calling the BiB for that, they probably sympathise with that family. And what would the land office do, without the original owners signature there would never be a transfer. The bank just 'sells' the 'landpaper' that it holds, in this case illegally and moves the problem to the buyer.

Obviously we walked away from it, wishing the family good luck.

Never trust a banker!

Edited August 12, 2013 by Khun Jean

[Phronesis]

I have viewed a number of repo properties from both Kasikorn and Krungsri. Kasikorn was absolutely bl**dy hopeless on all occasions. In stark contrast, Krungsri was bend over backwards helpful and provided contacts with great english. However, at the end of the day none of the properties I reviewed passed my own due diligence. One I looked at in Ranong, had a family living in it. When I approached them they told me that had just purchased it from Kasikorn. I called my contact at Kasikorn on my mobile, and then handed the phone over to the man who was the head of the squatting family. There was a brief heating verbal exchange over the phone and then it was handed back to me. I spoke again with the contact at Kasikorn and he told me in his best english "No one is living in the house". I looked around me at the man and his wife,their four kids, dogs, cats, food, bedding, and kitchenware and said...are you quite sure about that...

Edited August 12, 2013 by Phronesis

[puukao]

http://en.wikipedia.org/wiki/Squatting

In Mumbai, there are an estimated 10 to 12 million inhabitants, and six million of them are squatters.

I will give anyone 1,000 baht to squat on a home, collect the 20,000 baht for the squatter to leave, and wire me the 19,000. I will be rich!!!!

[Jay Sata]

I have purchased several NPL at bank auction and squatters are an issue. I typically do as much background checking as possible to make sure there is no bad blood from family members who lost their property to the bank. If all looks good from that end and all that needs to be dealt with is a stray squatter the BIB can manage it easily. Best to post a security guard there for a month after they are booted.

There could be issues down the line if family members have lost their house and a farang buys it. I'd be looking elsewhere.

Lots of good information and suggestions in the posts above.

One thing you don't want in Thailand is family issues where a bank has taken a home or land.

Edited August 12, 2013 by Jay Sata

[BahBahBoBo]

If you are buying a home repossessed by a bank, then those people in that home, are the people who's 'home it is'.

They are being dispossessed by the bank.

Picture yourself in their shoes... now, do you see yourself, your wife and child as 'Squatters'?

Or do you see yourself, in your home, fighting to keep YOUR home?

Now picture some foreigner with money coming along, and you being thrown out of your home in your country, and this 'foreigner' living in YOUR home.

To be honest? I think I would value my life, never mind just my self respect ( I wouldn't want to possess anybody's home in this manner) , and thinking to myself 'Hey! this is Thailand, land of smiles where they sometimes lose the F*&^%n plot big-time and the smiles are gone'.

Why put yourself in a potential position to end up dead when its not necessary?

Go buy a home under normal market conditions.

Don't be a part of something less than balanced and acceptable.

Sometimes Karma can bite you in the ass, right or wrong.

[oldsailor35]

re

How do you find out about the repo's

errr ummmm errrrr

how can i say this ?

they put them on notice boards like these

in or outside the banks

havnt you noticed ?

dave2

conspiracy theory >>> fail !

Never noticed this before, thanks will pay attention.

[garyk]

I have seen so many friends get sucked into this over the years. And end up loosing everything. I just shutter to think about it at this stage of my life. Or any stage come to think of it. In the smaller towns I see those repos and pics on the bank wall boards. I even went to look at a few just for the heck of it.

Edited August 13, 2013 by garyk

[falkan]

see if you can get them out before you buy, just chill down with the papers to the local policestation and explain that the bank is the owner and you will buy it, with 5k and sure they will kick them out asap then move in same day,pay the house..

boom!

[falang07]

How can the squatters prove they stay there for more than 10 years, in case they want the claim the ownership?

[Chao Lao Beach]

Squatters - Right of possession

Thailand Civil code part 3 http://www.samuiforsale.com/law-texts/thailand-civil-code-part-3.html#1366

Possession - Sections 1367 - 1386

Section 1382

Section 1382. Where a person has, for an uninterrupted period of ten years in case of an immovable, or five years in case of a movable, peacefully and openly possessed a property belonging to another, with the intention to be its owner, he acquires the ownership of it.

What is Movable?

There have been many cases,where the squatter has not even been living on the ,and, just keeping banana trees on it, then at 10 years, Bam, land is transferred.

Morel of the story, being nice can lose you your land. Better to lease it with a contract for 100B a year.

[johnnyk]

If the bank is selling it then presumably they own it. It's THEIR responsibility to get them out. They have the power. Sounds like they are hoping to lay this one off on the falang. Squatters will ignore a falang and accidents could happen to him or the property.

It's not the last property on the planet, move on. Quickly.

[ajarnpot]

you pay for heavy squad to go in with sticks and metal bars, squatter leave or don't

[johnnyk]

you pay for heavy squad to go in with sticks and metal bars, squatter leave or don't

A great strategy. You can be offed quickly and cheaply in Thailand, don't you know?

Buildings can burn down easily, too.