ทนายความ การจำนอง ที่ดีที่สุดใน Thailand

1. About การจำนอง Law in Thailand

การจำนอง (mortgage) in Thailand is a security right created on immovable property to secure an obligation, typically a loan or other debt. The mortgage gives the lender a priority claim on the property if the borrower defaults. In practice, the mortgage is established through a written agreement and must be registered with the land department to be enforceable against third parties. This form of security is commonly used when purchasing real estate or securing substantial loans against titled property.

Under Thai law, a mortgage attaches to the property rather than transferring ownership. If the borrower fails to repay, the lender may seek foreclosure to recover the debt. A key distinction is that a จำนอง is tied to immovable property, while a จำนำ refers to a pledge of movable assets. For real estate, the mortgage is the standard mechanism to provide a lender with recourse beyond the borrower's promise to repay.

The Civil and Commercial Code is the primary source of mortgage rules in Thailand. The code governs creation, priority, release, and enforcement of mortgages in connection with obligations tied to immovable property. Because the mortgage is a public charge on the property, its registration is essential to protect both sides. A registered mortgage generally takes precedence over later encumbrances, subject to exceptions for prior liens and other statutory rights.

Given the complexity of title, encumbrances, and enforcement steps, many borrowers and lenders engage a lawyer to manage due diligence, document drafting, and registration. A lawyer can help ensure the mortgage aligns with Thai law, reflects the parties’ intentions, and reduces the risk of future disputes. Recent trends show increasing emphasis on accurate title checks, clear disclosure of existing liens, and careful drafting of foreclosure procedures in Thailand.

2. Why You May Need a Lawyer

Concrete scenarios where legal counsel is essential

• Reviewing a bank loan offer for a condo purchase - A lawyer helps assess the mortgage terms, interest rate structure, early repayment penalties, tenor, covenants, and any personal guarantees to avoid hidden costs.
• Discovering undisclosed liens during property due diligence - If the title shows prior mortgages or claims, a lawyer advises on priority, release mechanisms, and potential impact on closing timelines.
• Negotiating release of the mortgage after loan repayment - A lawyer ensures the lender correctly releases the lien, and that title is promptly freed for resale or transfer.
• Structuring cross-border or joint-ownership loans - When foreigners or multiple parties are involved, a lawyer clarifies rights, restrictions, and compliance with Thai land ownership and foreign ownership rules.
• Addressing foreclosure or default situations - A lawyer guides foreclosure proceedings, potential settlement options, and risk mitigation for both borrower and lender.
• Drafting or amending mortgage agreements - A lawyer drafts bespoke clauses to protect your interests, including release on payment, acceleration triggers, and dispute resolution terms.

3. Local Laws Overview

Civil and Commercial Code governing mortgages (จำนอง)

The Civil and Commercial Code is the cornerstone of mortgage rights in Thailand. It covers how a mortgage is created, how it is perfected through registration, and how enforcement proceeds in the event of default. For precise provisions, stakeholders should consult the current consolidated text on official law portals. Understanding these provisions helps ensure that a mortgage is effective against third parties and properly prioritised.

Recent relevance: Courts and land offices rely on the code to determine priority among liens and to validate foreclosure steps. Legal counsel can translate these provisions into practical terms for borrowers, lenders, and investors.

“A mortgage in Thailand is a security right created to secure obligations with respect to immovable property.”

https://www.krisdika.go.th

Land Registration and Mortgage Rules

Mortgages on immovable property in Thailand must be registered with the land administration authorities. Registration ensures the mortgage is enforceable against third parties and places the public on notice of the lender’s security interest. The registration process involves verifying the title, confirming no conflicting encumbrances, and recording the mortgage instrument in the land records.

“Registration of a mortgage with the land office is required to enforce the mortgage against third parties.”

https://www.bot.or.th

Banking Regulation and Mortgage Lending Guidelines

Thailand’s central banking authority issues guidelines that shape how banks offer mortgage products to customers. These guidelines influence disclosures, interest rate disclosures, and borrower's protections in secured lending. While not a mortgage-specific statute, they shape practice in every mortgage transaction and help align lender conduct with consumer protection goals.

Bank of Thailand documents outline the framework for secured lending, including the duties of financial institutions when approving and documenting mortgage loans.

4. Frequently Asked Questions

What is a mortgage in Thailand?

A mortgage is a security right on immovable property that backs a debt. It does not transfer ownership but gives the lender a claim on the property if the borrower defaults. Registration in the land records is typically required.

How does a mortgage differ from a pledge (จำนำ)?

A mortgage attaches to real estate and remains with the property, while a pledge is usually for movable assets. Mortgages must be registered to affect third parties; pledges do not involve land records.

Do foreigners qualify to mortgage land in Thailand?

Foreigners cannot own land in Thailand, but they may use a land mortgage in certain contexts, typically via ownership structures like leaseholds or condo ownership with careful title checks. Always consult a lawyer for compliance with foreign ownership rules.

What documents are needed to start a mortgage transaction?

Typical documents include the title deed or condo transfer documents, identity papers, a financial statement, tax records, and the bank’s loan offer. Your lawyer can tailor the list to your situation.

How long does it take to register a mortgage?

Registration commonly takes 1-3 weeks after the bank issues a loan approval. Delays may occur due to title checks, outstanding encumbrances, or bureaucratic processing times.

Do I need a lawyer to handle a mortgage?

While not legally required, a lawyer helps review terms, check for hidden encumbrances, draft amendments, and ensure proper registration. This reduces risk and protects your interests.

How much does hiring a mortgage lawyer cost?

Fees vary by complexity and region but typically range from a few thousand to tens of thousands of THB for due diligence, document drafting, and registrar coordination. Obtain a written estimate before engagement.

What is the typical timeline from offer to closing?

Expect 2-6 weeks from loan offer to mortgage registration, depending on title checks, loan conditions, and registration backlogs. Complex cases may take longer.

What is the difference between a mortgage and a loan agreement?

A loan agreement records the debtor's obligation and terms of repayment, while a mortgage provides security for that obligation. The mortgage is attached to the property and must be registered.

Can I modify mortgage terms after signing?

Yes, with the lender’s consent. Modifications may affect interest rates, repayment schedules, and release conditions. Legal review helps ensure enforceability.

Is foreclosure the only way to recover a debt secured by a mortgage?

Foreclosure is a common remedy, but lenders may pursue alternatives like settlement, loan restructuring, or collateral release agreements. A lawyer can negotiate favorable options.

What should I check before signing a mortgage agreement?

Check the interest rate, repayment schedule, penalties, acceleration clauses, release conditions, insurance requirements, and any personal guarantees. Ensure there are no ambiguous or conflicting terms.

5. Additional Resources

• Civil and Commercial Code - primary law for mortgages - Official text and amendments published by the Thai government, accessible via Krisdika.
• Bank of Thailand - Provides guidelines on secured lending, borrower protections, and disclosures for mortgage transactions.
• Ministry of Justice / Krisdika - Central portal for laws, royal decrees, and official interpretations related to real estate and mortgages.

Civil and Commercial Code - Krisdika

Bank of Thailand

Ministry of Justice

6. Next Steps

1. Define your goal and decide whether you are borrower, lender, or investor in a mortgaged property. Clarify the property type and loan purpose.
2. Gather key documents - title deed or condo documents, ID, income proof, tax records, and any existing encumbrances or liens.
3. Do a preliminary title search with the Department of Lands or a licensed title search service to identify existing mortgages and claims on the property.
4. Engage a Thai lawyer with mortgage experience - Look for a practitioner who has handled similar transactions and can review bank offers and draft amendments.
5. Request a detailed, written mortgage review - Ask for clarity on interest rate, penalties, priority, release conditions, and any guarantees or covenants.
6. Negotiate key terms - Seek modifications on release timing, early repayment penalties, and any restrictive covenants that limit ownership or use of the property.
7. Coordinate with the lender on closing and registration - Confirm required documents, signing venue, and the land office registration schedule before closing.
8. Complete mortgage registration - Ensure the mortgage is properly registered at the land office and obtain a certified copy of the registration.
9. Obtain a final title certificate - After registration, confirm the title reflects the mortgage and that there are no undisclosed liens.
10. Keep records and plan for ongoing compliance - Maintain copies of all documents, insurance, and payment schedules to avoid future disputes.