Lease/Usufruct and Mortgage

Legal issues related to buying land, houses, condos in the LOS. Anything about contracts. Finance related, such as getting a mortgage, buying property from the bank, etc.

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Galee
Posts: 188
Joined: Thu Sep 24, 2009 11:12 am

Lease/Usufruct and Mortgage

Post by Galee »

I'm reading conflicting reports about Banks not lending money if a lease/usufruct exists on the Chanote.
I don't want to use the majority of money I have building a property. I'd prefer to get a mortgage in the wife's name with me as the guarantor, as a kind of "bridging loan", until my final salary pension kicks in.
Has anyone had any experiences of having problems obtaining a loan for a property build if their name is on the chanote.
dozer
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Joined: Tue Mar 15, 2005 4:21 pm

Re: Lease/Usufruct and Mortgage

Post by dozer »

I believe it would be impossible as the value of the property with a 30 year lease on it is greatly reduced, so the bank would have no motivation to loan money on it. It is possible to register both a lease and a mortgage on the property but is normally done by the same person for asset protection reasons, ie. don't believe a 3rd party would lend on a property which a 30 year lease existed.
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BKKBILL
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Location: Mae Taeng, Chiang Mai

Re: Lease/Usufruct and Mortgage

Post by BKKBILL »

Unless your wife can prove she has good cash flow and regular moneys coming in not just now but for an extended period of time I think it would be quite difficult to get any mortgage. A farang being the guarantor would probably help if you have been living here for a number of years. An Dozer said a lease/usufruct doesn’t really cut.
It's not who you know, it's whom you know.
Galee
Posts: 188
Joined: Thu Sep 24, 2009 11:12 am

Re: Lease/Usufruct and Mortgage

Post by Galee »

Thanks for the replies. Yes, wife has own small business, but not sure the income would guarantee the size mortgage I was thinking off. Was hoping her assets of rubber trees and land we have just purchased would help along with me a guarantor. I think a meeting with her bank manager is going to be required before I think about lease/usufruct.
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geordie
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Re: Lease/Usufruct and Mortgage

Post by geordie »

:D :D :D
my comments may be wrong but never deliberately
If it aint broke, dont fix it
thaifly
Posts: 825
Joined: Thu Mar 15, 2007 8:29 pm
Location: mae rim...chiang mai

Re: Lease/Usufruct and Mortgage

Post by thaifly »

gidday galee its the thai fly from mae rim...cobber you are pissing into a hurricane on this :idea: :idea: :idea: .. its a gunners gidday to all ...its the thai fly from mae rim
jazzman
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Joined: Wed Dec 06, 2006 9:11 pm
Location: Nong Bua Lamphu, Thailand

Re: Lease/Usufruct and Mortgage

Post by jazzman »

I can only speak from experience from people I know locally, but banks will generally not accept foreign husband's /boyfriend's assets abroad, or money that a husband/boyfriend regulary gives his partner, as collateral. The Thai contender for the mortgage should hold financial assets and/or land/property to a value of the required mortgage,and such holdings should not be compromised, as mentioned by a previous poster, by lease or usufruct to a third party.

Regular readers of this board will know that my personal view is that because the costs of houses and land are so low compared to western countries, anyone considering a loan to develop his/her own property in Thailand should also take into consideration the other additional costs of expat life here. IMHO a modest project of up to, for example, 5 mio baht, should preferably be within one's grasp from readily available savings, or from the sale of a house abroad.
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