The war of roses to claim back the property

“Hell hath no fury more than a woman scorned”

It is undeniable that the booming economy and well being of Pattaya is attributed to many foreigners who blindly buy properties for their Thai girl friends. Who will care about their destiny” Life is not a fairly tale to see a young prince and his fair lady live happily in a castle.

In Pattaya, “Truth” is always stranger than “Fiction”. Most foreigners expect only the closed answer from their lawyer “No problem sir! Your life in Pattaya will be like a rose in the English hill”.

“Rosy life” is what many foreigners expect. These dreaming foreigners invest all their hard earned money to make their dreams come true.

This article is for some foreigners whose dream becomes a nightmare. We have some clients who felt in love with a bimbo. “No money, no honey” He was asked by his girl friend to prove his sincerity by buying property for her.

“Send money my bank, I take care house, no problem” is what the bimbo may ask her man by her simplified broken English which is always workable.  The closed answer of her man will be “Yes, Honey, I”ll take care you same same you take care me”.

The whole processes are done by a consultant who always laughs every time once the bimbo called her man “Kwai” which is a beautiful nickname for many foreigners in Pattaya.

“You”re farang. The land cannot be put in your name” is what foreign buyers are always told by a consultant.

We have a real story of a retired Swiss man who divorced from his intolerant Swiss wife and started his new life by buying a house to live with his new Thai girl friend. He went back to Switzerland to sell his properties and sent all his monies to his Thai girl friend His girl friend arranged for the whole process to put the house under her name. The Swiss man went back to Pattaya to live in the house he bought for her.

Most of readers may have already known the end of this story once the hell hath no fury more than his girl friend scorned “Get out my house with your golf bag!”

Can this broken heart man sue his Thai girl friend to return his property”

The answer can be either “Yes” or “No” depending upon the fact he can prove with the Court of Justice. The main fact is that “he bought that property from his money but put the ownership of the land in the name of his girl friend as a “Nominee”.

Under Section 96 of the Land Code, any Thai national acting as a nominee to own a piece of land on behalf of a foreigner will be legally forced to sell the land within one year. The Thai nominee can be punishable under Section 267 of the Penal Code of Thailand for making a false statement in a public document with the maximum imprisonment of three years. For more detailed story, you may search in the article “The Nominee” in our reading room of  www.thaisolicitor.com

There was a case in Pattaya Court of Justice whereby a foreigner sued his scorning Thai lady who owned the land on his behalf. The judgment was made on 28th February,2007 in favor of that foreigner to dissolve the ownership of the land held by the Thai lady. The governor of Chonburi province issued the letter dated 11th October,2007, to instruct the registrar of the Pattaya Land Office to force the Thai lady to sell the land. The letter clearly instructed the registrar to take a legal action against the Thai lady for violation of Section 267 of the Penal Code of Thailand. If you want to read the complete version of the case, please contact us by e-mail.

The foreigner who sues the Thai nominee will be entitled to the money from the sale of land.

In the judicial system, “Justice” is based upon the “Fact”. The judge is just a human being not omniscient like “God”. You will have to seek the “Fact” by yourself and you will find the “Truth” which shall set you free.

His girl friend may argue that he gave the property to her for the passionate gift without expecting anything in return. What you expect from her is only “love”. It is not a fraud or ingratitude if she showed to him afterwards that she has never loved him from a day one.

It is not similar to the case that you put the ownership of land in the name of the person having no passionate relationship with you whom you can easily prove that person is the “Nominee”, for example, driver or maid who just only lent you a name and has never kept the land title document (Cha Nod).

Another way the Thai lady may argue is that she had the “co-ownership” of the land with you. In this case, you may go Dutch with her to share 50% of money from selling the land. The Land Code of Thailand prohibits foreigners only from the ownership of land or freehold right, not the right to share the money or proceeds from the sale of land. You may search for the English version of the Land Code on Foreign Ownership in our reading room www.thaisolicitor.com.

If you prefer to buy the property by putting the ownership in the name of your Thai lady in stead of company, it is advisable to follow the following guidance:-

1)       You should send the money from your bank account in your country to your bank account in Thailand and withdraw to make payment by a cashier”s cheque. You should keep the bank statement and money transfer slips to show the transactions that all money comes from your pocket.

2)       You should deal with a real Thai lawyer or “Tanai Kwam” who is independent and can serve you as only one master to protect the best your interest without any “Conflicts of Interest” or “Conspiracy of Silence”. The independent lawyer should not sit under the same roof with the broker or seller and should be able to directly communicate with you in English.

3)       You should sign the contract to buy the property by yourself. Never believe if anybody says that a foreigner cannot sign a contract to buy a land.

4)       You should register a mortgage with the Land Office that your Thai girl friend borrows money from you.

5)       You should keep the original “Land Tile Deed” (Cha Nod) and “House Register Book” (Tabien Baan) with you in a good safe.

6)       You should prepare the last will and testament for her to sign to bequeath the land and house to you once she dies before you which will not always happen.

The happiness still requires many factors. Please seek by yourself and you shall find.

The War of Roses Part II

From our article in the last issue, we explained to you how a foreigner sued a Thai lady to claim back the land he put in her name. many people are suspicious if the foreigner can have a justice. This is the real story showing you may enjoy the brad of justice in Pattaya if you seek.

Memorandum of the Land Registrar to the Chonburi Governor

Background

The Chonburi Land Office, Banglamung Branch reported that Mr. Kevin Glin Devias has filed the petition to dispose of the piece of land with the tile deed no. 89381, Nongprue Sub-District, Banglamung District, Chonburi Province in which Mrs Vijittra Keowsupoh was the owner according to Section 96 of the Land Code by referring to the judgment of the Pattaya Provincial Court of Justice the black (pending) case no. 68/2005 and red (outstanding) case no. 521/2007 dated 28th February,2007, between Mr. Kevin Glin Devias versus Mrs. Vijittra Keowsupoh with a certificate for finalization of case Sor.Yor. 302.021/2620 dated 10th April,2007. It was concluded that Mrs. Vijittra who was the defendant received the ownership of land and house according to the title deed n. 89381, Nongprue Sub-District, Banglamung District, Chonburi Province as a nominee (agent) of Mr. Kevin Glin Devias.

Question of Facts

The Chonburi Land Office, Banglamung Branch has considered and concluded the facts as follows:-

1)       The land title deed no. 89381, Nongprue Sub-District, Banglamung District, Chonburi Province having the name of Mrs. Vijittra Keowsupoh as the owner by buying whereby the registrar made a record on 18th March, 2005, according to the statement of Mrs. Vijittra Keowsupoh that she was a divorced woman without new spouse. She showed a divorce certificate no. 265/7695 dated 8th September,2000, and the Contract to Buy and Sell dated 17th March,2003, between Mr. Chalermpong Rodpai and Mrs. Vijittra Keowsupoh as the document attached to the application for registration.

2)       Mr. Kevin Glin Devias filed the petition to dispose of the land with the tile deed no. 89381 by claiming that the Pattaya Provincial Court of Justice has already concluded that Mrs.Vijittra received the ownership of the land and house as a nominee (agent) of Mr. Kevin Glin Devias who is a foreigner. But the Court could not have the order to transfer the ownership back to Mr. Kevin Glin Devias. Therefore, the Court was requested to proceed with Land Code.

Question of Law

The Land Code

Section 96

“If it is found that anybody acquires any land as an owner on behalf of a foreigner or juristic person (legal entity) according to Section 97 or 98, the Director General shall be empowered to dispose of that land and the provision under Section 94 will be applied mutatis mutandis”

Section 94

“Any piece of land acquired by a foreigner in violation of the law or without permission, that foreigner must dispose of the land within the period of time prescribed by the Director General which must be not less than 180 days but not more than one year. If the land cannot be disposed of within the period of time prescribed accordingly, the Director General will dispose of that land and the provision in relation to the disposal of land under Chapter 3 will be applied mutatis mutandis”

The Penal Code

Section 267

“Whoever, in a manner likely to cause injury to another person or the public, cause an official in the course of his duties to make any false entry in a public or official document with the purpose to use it as evidence, shall be punished with imprisonment not exceeding three years or fine not exceeding six thousand baht, or both”

The Land Office had the order no. 720/2547 to grant power to the Provincial Governor to act on behalf of the Director General.

Comment of the Land Registrar

The Chonburi Land Office, Banglamung Branch, has considered and concluded that according to the facts, it was found that Mrs. Vijittra Keowsupoh has the ownership of land with the title deed no. 89381, Nongprue Sub-District, Banglamung District, Chonburi Province as the nominee (agent) of Mr. Kevin Glin Devias. Therefore, the land must be disposed of that land according to Section 96 of the Land Code whereby the Provincial Governor has be assigned to act on behalf of the Director General.

Therefore, Mrs. Vijittra Kaeowsupoh should be ordered to dispose of that land within the period of time for not less than 180 days but not more than one year from the date of the order.

The acquisition of this land by Mrs. Vijittra is in violation of Section 267 of the Penal Code for providing the false statement to the registrar to make a false entry in the public document.

The land registrar of Chonburi Land Office, Pattaya Branch will file the report with the police to take the legal action against her.

Our Comment

How about the foreigner” He could get back the money from the sale of the land. Nobody will take any legal action against him.

“It is really a hard ball you may play”The war of roses to claim back the property

“Hell hath no fury more than a woman scorned”

It is undeniable that the booming economy and well being of Pattaya is attributed to many foreigners who blindly buy properties for their Thai girl friends. Who will care about their destiny” Life is not a fairly tale to see a young prince and his fair lady live happily in a castle.

In Pattaya, “Truth” is always stranger than “Fiction”. Most foreigners expect only the closed answer from their lawyer “No problem sir! Your life in Pattaya will be like a rose in the English hill”.

“Rosy life” is what many foreigners expect. These dreaming foreigners invest all their hard earned money to make their dreams come true.

This article is for some foreigners whose dream becomes a nightmare. We have some clients who felt in love with a bimbo. “No money, no honey” He was asked by his girl friend to prove his sincerity by buying property for her.

“Send money my bank, I take care house, no problem” is what the bimbo may ask her man by her simplified broken English which is always workable.  The closed answer of her man will be “Yes, Honey, I”ll take care you same same you take care me”.

The whole processes are done by a consultant who always laughs every time once the bimbo called her man “Kwai” which is a beautiful nickname for many foreigners in Pattaya.

“You”re farang. The land cannot be put in your name” is what foreign buyers are always told by a consultant.

We have a real story of a retired Swiss man who divorced from his intolerant Swiss wife and started his new life by buying a house to live with his new Thai girl friend. He went back to Switzerland to sell his properties and sent all his monies to his Thai girl friend His girl friend arranged for the whole process to put the house under her name. The Swiss man went back to Pattaya to live in the house he bought for her.

Most of readers may have already known the end of this story once the hell hath no fury more than his girl friend scorned “Get out my house with your golf bag!”

Can this broken heart man sue his Thai girl friend to return his property”

The answer can be either “Yes” or “No” depending upon the fact he can prove with the Court of Justice. The main fact is that “he bought that property from his money but put the ownership of the land in the name of his girl friend as a “Nominee”.

Under Section 96 of the Land Code, any Thai national acting as a nominee to own a piece of land on behalf of a foreigner will be legally forced to sell the land within one year. The Thai nominee can be punishable under Section 267 of the Penal Code of Thailand for making a false statement in a public document with the maximum imprisonment of three years. For more detailed story, you may search in the article “The Nominee” in our reading room of  www.thaisolicitor.com

There was a case in Pattaya Court of Justice whereby a foreigner sued his scorning Thai lady who owned the land on his behalf. The judgment was made on 28th February,2007 in favor of that foreigner to dissolve the ownership of the land held by the Thai lady. The governor of Chonburi province issued the letter dated 11th October,2007, to instruct the registrar of the Pattaya Land Office to force the Thai lady to sell the land. The letter clearly instructed the registrar to take a legal action against the Thai lady for violation of Section 267 of the Penal Code of Thailand. If you want to read the complete version of the case, please contact us by e-mail.

The foreigner who sues the Thai nominee will be entitled to the money from the sale of land.

In the judicial system, “Justice” is based upon the “Fact”. The judge is just a human being not omniscient like “God”. You will have to seek the “Fact” by yourself and you will find the “Truth” which shall set you free.

His girl friend may argue that he gave the property to her for the passionate gift without expecting anything in return. What you expect from her is only “love”. It is not a fraud or ingratitude if she showed to him afterwards that she has never loved him from a day one.

It is not similar to the case that you put the ownership of land in the name of the person having no passionate relationship with you whom you can easily prove that person is the “Nominee”, for example, driver or maid who just only lent you a name and has never kept the land title document (Cha Nod).

Another way the Thai lady may argue is that she had the “co-ownership” of the land with you. In this case, you may go Dutch with her to share 50% of money from selling the land. The Land Code of Thailand prohibits foreigners only from the ownership of land or freehold right, not the right to share the money or proceeds from the sale of land. You may search for the English version of the Land Code on Foreign Ownership in our reading room www.thaisolicitor.com.

If you prefer to buy the property by putting the ownership in the name of your Thai lady in stead of company, it is advisable to follow the following guidance:-

1)       You should send the money from your bank account in your country to your bank account in Thailand and withdraw to make payment by a cashier”s cheque. You should keep the bank statement and money transfer slips to show the transactions that all money comes from your pocket.

2)       You should deal with a real Thai lawyer or “Tanai Kwam” who is independent and can serve you as only one master to protect the best your interest without any “Conflicts of Interest” or “Conspiracy of Silence”. The independent lawyer should not sit under the same roof with the broker or seller and should be able to directly communicate with you in English.

3)       You should sign the contract to buy the property by yourself. Never believe if anybody says that a foreigner cannot sign a contract to buy a land.

4)       You should register a mortgage with the Land Office that your Thai girl friend borrows money from you.

5)       You should keep the original “Land Tile Deed” (Cha Nod) and “House Register Book” (Tabien Baan) with you in a good safe.

6)       You should prepare the last will and testament for her to sign to bequeath the land and house to you once she dies before you which will not always happen.

The happiness still requires many factors. Please seek by yourself and you shall find.

The War of Roses Part II

From our article in the last issue, we explained to you how a foreigner sued a Thai lady to claim back the land he put in her name. many people are suspicious if the foreigner can have a justice. This is the real story showing you may enjoy the brad of justice in Pattaya if you seek.

Memorandum of the Land Registrar to the Chonburi Governor

Background

The Chonburi Land Office, Banglamung Branch reported that Mr. Kevin Glin Devias has filed the petition to dispose of the piece of land with the tile deed no. 89381, Nongprue Sub-District, Banglamung District, Chonburi Province in which Mrs Vijittra Keowsupoh was the owner according to Section 96 of the Land Code by referring to the judgment of the Pattaya Provincial Court of Justice the black (pending) case no. 68/2005 and red (outstanding) case no. 521/2007 dated 28th February,2007, between Mr. Kevin Glin Devias versus Mrs. Vijittra Keowsupoh with a certificate for finalization of case Sor.Yor. 302.021/2620 dated 10th April,2007. It was concluded that Mrs. Vijittra who was the defendant received the ownership of land and house according to the title deed n. 89381, Nongprue Sub-District, Banglamung District, Chonburi Province as a nominee (agent) of Mr. Kevin Glin Devias.

Question of Facts

The Chonburi Land Office, Banglamung Branch has considered and concluded the facts as follows:-

1)       The land title deed no. 89381, Nongprue Sub-District, Banglamung District, Chonburi Province having the name of Mrs. Vijittra Keowsupoh as the owner by buying whereby the registrar made a record on 18th March, 2005, according to the statement of Mrs. Vijittra Keowsupoh that she was a divorced woman without new spouse. She showed a divorce certificate no. 265/7695 dated 8th September,2000, and the Contract to Buy and Sell dated 17th March,2003, between Mr. Chalermpong Rodpai and Mrs. Vijittra Keowsupoh as the document attached to the application for registration.

2)       Mr. Kevin Glin Devias filed the petition to dispose of the land with the tile deed no. 89381 by claiming that the Pattaya Provincial Court of Justice has already concluded that Mrs.Vijittra received the ownership of the land and house as a nominee (agent) of Mr. Kevin Glin Devias who is a foreigner. But the Court could not have the order to transfer the ownership back to Mr. Kevin Glin Devias. Therefore, the Court was requested to proceed with Land Code.

Question of Law

The Land Code

Section 96

“If it is found that anybody acquires any land as an owner on behalf of a foreigner or juristic person (legal entity) according to Section 97 or 98, the Director General shall be empowered to dispose of that land and the provision under Section 94 will be applied mutatis mutandis”

Section 94

“Any piece of land acquired by a foreigner in violation of the law or without permission, that foreigner must dispose of the land within the period of time prescribed by the Director General which must be not less than 180 days but not more than one year. If the land cannot be disposed of within the period of time prescribed accordingly, the Director General will dispose of that land and the provision in relation to the disposal of land under Chapter 3 will be applied mutatis mutandis”

The Penal Code

Section 267

“Whoever, in a manner likely to cause injury to another person or the public, cause an official in the course of his duties to make any false entry in a public or official document with the purpose to use it as evidence, shall be punished with imprisonment not exceeding three years or fine not exceeding six thousand baht, or both”

The Land Office had the order no. 720/2547 to grant power to the Provincial Governor to act on behalf of the Director General.

Comment of the Land Registrar

The Chonburi Land Office, Banglamung Branch, has considered and concluded that according to the facts, it was found that Mrs. Vijittra Keowsupoh has the ownership of land with the title deed no. 89381, Nongprue Sub-District, Banglamung District, Chonburi Province as the nominee (agent) of Mr. Kevin Glin Devias. Therefore, the land must be disposed of that land according to Section 96 of the Land Code whereby the Provincial Governor has be assigned to act on behalf of the Director General.

Therefore, Mrs. Vijittra Kaeowsupoh should be ordered to dispose of that land within the period of time for not less than 180 days but not more than one year from the date of the order.

The acquisition of this land by Mrs. Vijittra is in violation of Section 267 of the Penal Code for providing the false statement to the registrar to make a false entry in the public document.

The land registrar of Chonburi Land Office, Pattaya Branch will file the report with the police to take the legal action against her.

Our Comment

How about the foreigner” He could get back the money from the sale of the land. Nobody will take any legal action against him.

“It is really a hard ball you may play”