irregular house puchase in 2013

[Oysha]

I am German and was stupid enough to buy a house in Hua Hin without making sure

that the papers were in order. Since then we could live in "our" house when we spent

the winter in Hua Hin, but the former owner is not willing to pay his mortgage back.

Apparently, he has no money, playing golf and buying an expensive car from my money.

What can we do when we come back to Hua Hin in December?

[MissAndry]

So you bought a house on land you couldn't own, then didn't go down to the land office to see the title exchange to your Thai nominee?

 

[Boycie]

Maybe book a hotel as the bank might have taken over the property by December?

[chiang mai]

Can you give any more details of the transaction, such as did you use a lawyer to conduct the sale? If you did there's a number of things you might want to explore including  a complaint to the law society complaints authority and to the police. Also, the Land Office could become your friend if it is found that you shared in the payment of transfer taxes that weren't paid on to them. I'm seriously hoping that you didn't just pay the owner money and left it at that, tell us you didn't, please.

 

Also, the funds used to buy the property will have a history trail that can be used to support your claim to ownership, make sure you keep copies of those transfer records. I am aware of a case recently where a foreigner bought a property which was not transferred into his own name but into the name of the would be lawyer instead, the facts only surfaced about five years after the fact. The Land Office took a leading role in setting matters right and helped enormously in getting the would be lawyer prosecuted.

Edited August 8, 2016 by chiang mai

[KKr]

Standard procedure: 
1. Get a Cashier's cheque in the seller's name.

• To avoid doubts about validity of the document, the seller can come with you to the bank when the cheque is issued.
  (and a currency import certificate from your bank if applicable)

2. Show the buyer the cheque.

3. Give the cheque to the Broker or other third person you know and trust.

4. Thai friend or Company Signs the purchase Papers in the Land Office with the seller and

5. signs a Usufruct or Superficies agreement with you. (The Land office will request / demand a statement that the Thai buyer uses money that is at his or her free disposal to pay for the land, in other words that the buyer is not a nominee.)
6. Wait for the necessary amendments on the chanote documents and the certified contracts.

7. Seller receives his cashiers' cheque and signs for receipt.
Everybody happy and secure.

Where did your transaction go wrong, maybe you get some informed opinion on your particular case?

 

Edited August 11, 2016 by KKr
clarification

[SOUTHERNSTAR]

Sorry but its not possible. The bond over the property is noted on the back of the chanote and upon transfer this must be removed by the bank for the transfer to take place. If the property was transferred without the bond been canceled the new owner has legal recourse. If the bond was not noted on the chanote and not registered at the land office the bank have no legal recourse. Speak to a good Bangkok lawyer, don't use a local one as they maybe too close to the people involved.

[SOTIRIOS]

...sounds like title was never transferred...

 

....maybe the mortgage was though....???

 

..thus...you just lost a lot of money and have nothing to show for it....

 

...and may end up paying double as well...???

 

...and that also means that....whoever introduced you to this 'deal'....was in on it.....

 

 

[cruisemonkey]

I think the OP might be living under a bridge now (as well as in December).

[bazza40]

Just wondering what documents the OP has to support the original transaction.

 

I used to think I was smart renting. Now I'm sure of it. So many horror stories.

[GOLDBUGGY]

He is not paying his mortgage because it would be stupid for him to do so. He has already gotten at least 150% from his house sale to you plus the mortgage money. Maybe even more than that. So why should he use his money to help you out now? 

 

Personally I don't know how he did this. There is so many unanswered questions by you. If you bought this property and had this land transferred to you at the land office, and like you would do in Germany, there is no way they would do this if there was a mortgage on this property. if the property is legally yours, and transferred as such, there is no way he could get a mortgage on it. 

 

If the seller still owns this property I am surprised he told you about not paying the mortgage. If I was him I would have all the door locks changed and the property up for sale. Then sell it at a reduced price, pay off the mortgage, collect this extra money, and disappear. 

 

Nothing Personal! It is only Business! 

[GOLDBUGGY]

On 16/8/2559 at 2:20 PM, bazza40 said:

Just wondering what documents the OP has to support the original transaction.

 

I used to think I was smart renting. Now I'm sure of it. So many horror stories.

If you look close, you would see that a lot of these horror stories are self inflicted. 

 

It is beyond belief for me to understand that these same people who would be so cautious in there home country when buying a property, and making sure all the T's were crossed and the I's dotted, would come to Thailand hand over $100,000 plus, and close a Real Estate Deal here on a Gentleman's Agreement and Handshake.  

[ChrisY1]

Oysha asks a question on August 8......and never comes back....!! Very poor show Oysha!