House loan nearly paid off, need 30 yr lease

[Bobm1]

On 10/26/2016 at 10:01 AM, Deepinthailand said:

Why suddenly after ten years do you start to distrust her????. Any signs  from her ???. 

Yea, she has made the stupid mistake of using her car to get a loan for  lending money to a friend who was about to sell her house and told her that her husband would pay the money back when he returned from the UK, the friend never paid the money back so my GF lost her car and somehow in the process ended up owing to a loan shark I'm not real sure on all the details and caught her in a couple of lies about the whole mess so now I'm worried that once the mortgage on the house is paid off she will in desperation use the house to pay back the loan shark. We have been together for 15 years and have a 12 year old son, up until this fiasco started she has always been trustworthy, she says that she lied just to avoid getting me involved and causing me worry thinking she could deal with it herself but now that I know she has lied to me I don't know how much of what she says that I can believe. I want to secure the house so it will go to me son when he is of age.  

[Deepinthailand]

Honest reply there just maybe she was telling you the truth and didn't want to get you involved. realised she's been stupid and didn't know how to get out of it. Good Luck whatever way you go.

[williamgeorgeallen]

3 hours ago, Bobm1 said:

Yes I would like to have your lawyers details, one of my concerns about this matter is finding a lawyer who is not going to screw me over.  stupid question I know but how do I PM you?

think it would be a smart move to register a loan made by you for the value of the house to the owner of the house. i have done this before and ensures the property can not be sold or borrowed against. try this lawyer http://www.pattayasolicitors.com/

[blackcab]

Agree. Register a loan on the property at exactly the same time the current mortgage is paid off.

 

If your girlfriend doesn't want to do this you've got some thinking to do. 

[Paul944]

Registering a loan to the value of the house while actually living in the house yourself. Won't this be interpreted as buying by proxy which is illegal?

 

If she gets money from a loan shark, I doubt those check the chanote papers to see if there are usufructs, leases or loans registered.

[GOLDBUGGY]

On 25/10/2559 at 6:37 PM, Tony125 said:

It has been mentioned as happening here by TV posters many times and my own lawyer pulled me aside from my wife and mentioned "you can get a lease or usfruct but if you build on her or family land if things go south they will find a way to drive you off it". Had me write the deal as a loan to my wife that had to be repaid. If she doesn't have proof she paid me back then landcourt will force her to sell to repay the loan, That way I may not have the house to ive in but she will have nothing. As long as everything is ok I never ask for repayment and in my will she gets the property.

This all sounds fine. But I don't see how you can put a mortgage on a property and have it registered at the land office when you don't own it to begin with. 

 

Owning a house is not a problem. It is owning the land that the house sits on is the problem. So if you got a Usufruct first, for your full life on some property, and then built a house on that with this house in your name only, then this should be legal. 

[khunPer]

17 hours ago, GOLDBUGGY said:

This all sounds fine. But I don't see how you can put a mortgage on a property and have it registered at the land office when you don't own it to begin with. 

 

Owning a house is not a problem. It is owning the land that the house sits on is the problem. So if you got a Usufruct first, for your full life on some property, and then built a house on that with this house in your name only, then this should be legal. 

You need a superficies to build (and own) a house on somebody's land. Usufruct for life has that risk, that you – in worst case scenario – is worth more dead than alive...

The loan in question as security for paying for the house/mortgage is registered at the Land Office as a loan, like a mortgage/servitude on "somebody's land". You cannot and don't own the land, but you have lent money to the landowner, and the landowner has given you security in the land/property; a very normal Thai-solution and you have legal rights in the court, even as a foreigner, as the court will sell the land. 

Please note that OP is talking about a non-married couple, contracts between married people has a risk of being void.

[taninthai]

All this talk of lawyers and loans seems to be complicating things ,if you ask me just go to the land office you and the girlfriend and get a usufruct cheap and easy, yes everything has its drawbacks but that is why you  should live by the rule of never investing more than your willing to lose or walk away from here.