ทนายความ การจำนอง ที่ดีที่สุดใน เกาะสมุย

1. About การจำนอง Law in Ko Samui, Thailand

จำนอง, or mortgage, is a security interest created on a property to secure a debt. In Ko Samui, Thailand, the mortgage is governed by Thailand’s civil law framework and must be registered at the land office to be enforceable against third parties. This means lenders typically require a properly registered mortgage before approving a loan secured by land or a condo unit.

The mortgagor retains possession of the property as long as they meet the loan obligations, but the mortgage creates a lien that the lender can enforce if payments stop. In Ko Samui, common property types include private houses and villas on land, and condominium units, each with distinct ownership and financing considerations. Foreign ownership restrictions for land are an important factor to consider depending on how the property is held.

For accurate, up-to-date guidance, consult official sources and a Ko Samui based lawyer. The core rules come from the Thai Civil and Commercial Code and related land and condominium regulations. Mortgage registration is typically handled by the local land office serving Koh Samui, and the process is essential for the loan to be legally secured against the property.

Relevant law requires a written mortgage deed and registration to bind third parties and lenders in Thailand.

Sources: Royal Gazette and official Thai land administration resources provide the authoritative texts and procedures for mortgage creation and registration. Royal Gazette · Department of Lands

2. Why You May Need a Lawyer

• You are buying a villa in Koh Samui and plan to finance with a Thai bank; you need to ensure the mortgage deed aligns with local registration rules and encumbrance checks.
• You already own a Samui property and want to refinance; a lawyer helps with title search, discharge of prior liens, and subordination of mortgages if needed.
• You are a foreign buyer considering a condo; you must navigate foreign ownership limits and condo act requirements while securing financing.
• You face a potential foreclosure or demand for payment; a lawyer can assess foreclosure timelines, negotiate with the lender, and protect your rights.
• You plan a loan with a Thai spouse or a corporate arrangement; you need counsel to structure the loan to comply with ownership and sharing rules and avoid nominee issues.
• You want to conduct due diligence on a Ko Samui property to confirm clean title and identify any hidden encumbrances before signing a mortgage offer.

3. Local Laws Overview

Thai Civil and Commercial Code - Mortgage provisions (จำนอง)

The Civil and Commercial Code governs how mortgages are created, enforced, and prioritized in Thailand. A mortgage must be documented in writing and registered with the relevant land office to be enforceable against third parties. This forms the backbone of most loan security on Ko Samui properties.

Key point for Ko Samui residents: registration at the Land Office is essential to protect the lender and the borrower. As a result, title searches and proper deed drafting are critical steps in any mortgage transaction.

Source: Royal Gazette and Thai civil law resources accessible via official channels.

Condominium Act B.E. 2522 (1979) and related condo financing

The Condominium Act regulates unit ownership, common property, and financing for condominium units, including foreign ownership limits and mortgage arrangements for condo units in Ko Samui. This act interacts with mortgage practice when securing loans on condo units.

For foreigners and Thai buyers alike, understanding how condo ownership affects mortgage rights and lender requirements is essential.

Source: Royal Gazette and official condo regulation summaries from Thai government portals.

Land Registration and Mortgage Registration - Department of Lands framework

Mortgages on land and buildings are registered with the provincial land office that serves Ko Samui, under the Department of Lands. Registration creates the enforceable lien and is a prerequisite for most bank loans secured by real property.

For property owners and lenders in Koh Samui, this means a title search and registration work should be done by or with a qualified attorney who can coordinate with the land office and the lender.

Source: Department of Lands and related Thai land registration guidance.

4. Frequently Asked Questions

What is a mortgage in Thailand and how does it work?

A mortgage is a security interest on real property to back a loan. It requires a written Deed of Mortgage and registration at the land office to be enforceable against others.

How do I start a mortgage on a Koh Samui property?

Begin with due diligence, choose a lender, draft the mortgage deed, and arrange for registration at the local land office through your attorney.

What documents are needed to mortgage property in Ko Samui?

You typically need title documents, a valid passport, Thai tax IDs (for Thai buyers), company documents if using a company, and bank statements and income verification for loan purposes.

How much can I borrow against a Koh Samui property?

Lenders usually cap loan amounts by loan-to-value ratios and property type; condo loans may differ from land loans. A local lawyer can help negotiate terms.

Do foreigners can mortgage condo units in Ko Samui?

Yes, foreigners can mortgage condo units where ownership complies with the Condominium Act and local regulations; lenders assess title and share of ownership.

Can I mortgage land in Ko Samui if I am not Thai?

Foreigners generally cannot own land in their own name; mortgages may require a Thai-owned company, long-term lease arrangements, or other compliant structures.

How long does it take to register a mortgage in Ko Samui?

Processing typically takes 2 to 6 weeks depending on documents, the land office queue, and due diligence findings.

What is the difference between a mortgage and a pledge (จำนำ) in Thailand?

A mortgage secures a loan on real property and is registered; a pledge may involve moving possession but is not forcibly registered on real property in the same way.

Is the mortgage public information and binding on third parties?

Mortgage registration with the land office makes the lien public against third parties and prevents competing creditors from easily defeating it.

Do I need a lawyer to handle a Koh Samui mortgage?

Yes, a local attorney helps with due diligence, drafting, and land office registration to minimize risk and ensure compliance.

How much do lawyers charge for a Ko Samui mortgage?

Fees vary by complexity and property value; expect assessments for due diligence, drafting, and registration assistance, plus potential contingencies.

What should I do if I default on a mortgage in Ko Samui?

Consult a lawyer promptly to discuss negotiation, potential restructuring, or foreclosure defenses under Thai law.

5. Additional Resources

• - Responsible for land title and mortgage registration; official guidance on title searches, transfers, and mortgage filings. https://www.dol.go.th
• - Publishes laws, amendments, and official notices including mortgage related text. https://www.ratchakitcha.soc.go.th
• - Provides official legal guidance and oversees public legal proceedings; can assist with understanding enforceability and remedies. https://www.ago.go.th