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Free Guide to Hiring a Real Estate Lawyer
Mortgage law in Pattaya, Thailand operates under the Thai Civil and Commercial Code. It involves the transfer of the debtor's property to the creditor as a security for a loan. However, the actual usage and possession of the property remain with the debtor. In Pattaya, like the rest of the country, foreigners are generally not allowed to acquire property, with a few exceptions. This complex legal landscape make it necessary to involve a lawyer when dealing with mortgages in Pattaya.
The complex real estate climate and legal binders in Pattaya and Thailand as a whole, often require the expertise of a professional. You may need a lawyer to guide you if you are buying or selling a property, securing your property for a mortgage, and ensuring your rights are protected. Additionally, you may need a lawyer to clarify your rights as a debtor or a creditor, in case of any disputes about the mortgage, and finally, if the debtor is failing to honour their part of the agreement.
Under Thai law, foreigners cannot own land. But, they can own buildings on leased land, or condominiums under specific conditions. Also, they can secure a mortgage as a guarantee for a loan if the property is legally owned by a Thai spouse or company. The law allows the mortgagor to keep using the immovable property. In case the debtor defaults, foreclosure will need to follow the legal process in a Thai court, which can sometimes be lengthy.
Can a foreigner secure a mortgage in Pattaya?
Yes, a foreigner can secure a mortgage in Pattaya but the property must be legally owned by a Thai spouse or company.
What happens if I default on my mortgage payments?
If you default, the creditor will have to go through a foreclosure process in a Thai court to possess the property.
Who has possession of the property under a mortgage?
The mortgagor retains the possession and usage of the property under a mortgage.
Can I sell property under a mortgage?
Legally, you can sell a mortgaged property. However, usually the mortgage contract will have clauses that restrict the sale of the property without the creditor's consent.
Can foreigners own property in Pattaya?
Foreigners are generally not allowed to own land, but they can own buildings on leased land, or condominiums under specific conditions.
Those seeking legal advice in this field can reach out to local legal firms, Thai legal aid departments, and real estate companies. Additionally, you can refer to the Thai Civil and Commercial Code for more detailed understanding.
If you need legal assistance for issues related to Mortgages in Pattaya, Thailand, it is essential to connect with a professional lawyer or legal firm well-versed in Thai property laws. Seek consultation, clarify your rights and legal position, and ensure that all your transactions are legal and transparent.
