Mortgage

Section 702 of the mortgage contract is a person. I called the mortgage assets to face another person. Called the mortgagee. As collateral for a loan. The delivery of such property to the mortgagee.
Mortgagee would like to receive payment of the mortgage assets before ordinary creditors are required to consider in the ownership of the property will be transferred to third parties or not.

Section 703 the property can be mortgaged, whether any kind.
Movable, which will be discussed below, it might be like a mortgage. If the law is already registered.
(1) the vessel is liable to five tons or more.
(2) rafts.
(3) animal transportation.
(4) other movable property, which is legal if prescribed for a particular listing.

Section 704 mortgage agreement must specify that the property mortgaged.

Section 705 of the mortgaged property. In addition to the owner at that time. Who else will you find a mortgage.

Section 706 of title of property, but a person subject to such conditions as will mortgage the property, but subject to such conditions.

Section 707 guarantees that the provisions of Section 681. You can apply for a mortgage as it should.

Section 708 agreement, the mortgage amount must be specified as the Thai case is not direct. The maximum amount that a property is mortgaged as security for a par.

Section 709 a person to mortgage their assets to secure debt is to pay someone else to do it.

Section 710 many property owners have one or more to insure a mortgage loan, but the only one. You have to be done.
In this regard, the parties agree as follows: it is that
(1) gives the mortgagee the right to enforce against the mortgaged property which is specified in the order.
(2) to hold the property as security for debt is only part hereof.

Section 711 to be agreed before the debt is due, but as one that If you do not pay the debt. The mortgagee is the owner of the mortgaged property. Or how to deal with the property otherwise than in accordance with the provisions of the mortgage gem. Such agreements are not perfect.

Section 712 even if a contract is another matter. This property is mortgaged to a person. You will not get a mortgage to another person during the time the contract was still valid.

Section 713 if not agreed otherwise in the mortgage contract. If you clear the mortgage debt that the mortgage be paid in installments on time.

Section 714 of the mortgage contract. You must be in writing and registered with the competent authority.

Supreme Court in 8905/2551.
Plaintiffs do not dispute can be traced to the issues that matter. Plaintiff to the defendant a loan or not. The defendant is not liable under the loan agreement. And the defendant is not liable under the mortgage, as well as under Section 702 stipulates that "this is a mortgage. The agreement, which called for the property mortgaged to face another person, called the mortgagee as security for payment without delivering the property to the mortgagee, "When the mortgage is not a guarantee of repayment of loans. The defendant is not liable under the mortgage. Because of the mortgage debt debt debt loan equipment. When the defendant is not liable under the loan. The defendant is not liable for the debts connected with the plaintiff did not.

Chairman of the mortgaged debt, the defendants owe a debt security on the loan has not yet determined the exact number. The court sentenced the defendant shall not be liable for any debt, mortgage debt, as device. Of the debt that is not clear whether there are unpaid.

Supreme Court in 4698/2551.
Tech. The defendant's three plaintiff loan of U.S. $ 2 million settlement with the land and house as collateral. The three defendants agreed to make the sale, according to the wishes of the plaintiff's done. Pay a transaction. The redemption value of U.S. $ 3.5 million and interest on the interest in advance of 300,000 when not provided by law, the legal sale of an interest together. In addition, plaintiff's own testimony to that. Contact for the plaintiff loans. We hear that the contract is a legal sale of loans with hidden land. The settlement house as collateral. So the law relating to loan transactions under Section 155 is applicable to the disputed land and the house is still owned by the three defendants. The plaintiff is not entitled to sue the defendants drove three.

Supreme Court in 2121/2551.
The plaintiff is a creditor mortgagee is entitled to the proceeds from the auction of the mortgaged property to repay their creditors before the ordinary. The proceeds from the auction of the plaintiff is entitled to the payment of this debt is defined as net income from deducting expenses related to the sale of property is taken. These include taxes resulting from the auction of the mortgaged land. It is taxable.
Defendant's income from the auction of the mortgaged property, the tax must be remitted to the official registrar of the rights and legal at the time of registration of land ownership. Non-tax debt owed to the defendant. Even those who buy property to be paid, but an order of court to grant the purchaser of property to a receipt of payment of income tax withholding his tax returns and Enforcement Officer into such transactions in the account list and -. pay The taxable income of the defendant, it is the cost associated with the sale.mortgage payment to the plaintiff and the like.

Supreme Court in 1917/2551.
The plaintiff's land dispute between the two. The first defendant to register the disputed land mortgaged to the second defendant would be prohibited by Section 705 is not binding on either the plaintiff. Without regard to whether the second defendant to be mortgaged in good faith or not. Once the mortgage has no legal effect then. Both the plaintiff shall be entitled to sue the court to revoke the mortgage transactions. The plaintiff asked the court sentenced both defendants not involved either. The definition included in the court that the plaintiff's request to withdraw the legal mortgage. Land disputes between the two defendants. The defendants, both of land rights disputes are no longer involved with the district court sentenced the defendant to withdraw legal land dispute between the two. It is intended that the law must be understood from the details of the complaint, not a judge or a request under Section 142 Civil Procedure Code.

Supreme Court to 392/2550.
The first page contains a guarantee that a defendant is a defendant in two accounts are secured and that "50 million loan guarantee for U.S." In addition, the contract clause 1 states that "the request of the guarantor. Bank credit to the defendant to get a bank to pay the amount of 50 million meters under the U.S. "Article 2 states that" if the defendant is a guarantor, and hereinafter referred to as the debtor behavior. breach of contract provided. Or have acted otherwise. As a result, banks have to pay money or have been damaged in some way, then the guarantor accepting the refund to the Bank to complete the full amount of debt the debtor owes to the bank and the debtor's "from the agreement, the defendant 2. not their intention to guarantee the payment obligations of the defendant, a debt of just under 50 million line of credit only if the bank, so I give credit to the defendant that such a limit would be beyond the intent of the defendant at the second defendants. 2 shall not be liable to the transferee bank, as well as the plaintiff claims in excess of the principal amount guaranteed.

Supreme Court in 6221/2550.
Land contract between the plaintiff and the defendant bank has a clear sense that In addition to a plaintiff to recover the insurance money from the defendant but also as security for any debt that the plaintiff is liable to the defendant, so even if the plaintiff can recover from the defendant pay the plaintiff Rose field is complete. However, it appears that the plaintiff has a debt to the defendant at Rangsit. Pathumthani, Thailand. Although the debt arising from transactions made with the defendant's branch. But it is a debt owed to the plaintiff, defendant, as well. Held that the plaintiff has a debt to the defendant liable under the mortgage. The mortgage did not settle the back end. Defendants have the right to redeem the land to the plaintiff was not registered.

Supreme Court in 1099/2550.
A devise of land disputes and all other assets, as a testament to his message. Which was the son of a. It is not to be inherited by the second paragraph of Section 1608. They do not exist. As stakeholders, the Ministry had no right to petition the court for the trustee under Section 1713, when the court is located. a trustee of the then Ministry of Information. shall have the duty to perform. to share his estate to the recipient. Will, as provided in Section 1719 and will do any acts which he has an interest adverse to the estate and against the petitioner which he is using.Shall not be responsible for sharing the estate trustee under the will, but the legal requirements of the data. Has an interest as against the estate of A., which is expressly prohibited transactions under Section 1722 transfer. void under Section 150 and the business interests of the sovereignty conflict with the interests of the child by Without the permission of the court shall be deemed null and void under Section 1575 does not have legal documents that transfer occurred. Ownership of the disputed land and buildings remain as a legacy of which entail a. include the original claim of a vested. When data. There is no disputing the ownership of land and buildings is not entitled to a mortgage. to anyone that the plaintiff is the mortgagee of land and buildings from above. shall not cause the plaintiff has legal rights under the mortgage. The plaintiff claimed that the mortgage in good faith with the plaintiff would have to follow. Non-mortgage transactions. Mortgages are not bound by the petitioner is the owner of the real estate dispute.

Supreme Court in 7569/2549.
Petitioner filed a petition for a claim under Section 289 of the second paragraph Civil Procedure Code the period that the petitioner filed a petition before the property is sold fried. When the auction first bid is not interested. Enforcement Officer to suspend sales and announced a new auction. The petitioner filed a petition for a mortgage loan before the date of the new auction. It is a petition before the auction the mortgaged property as required by law.
To apply for a mortgage loan before the P.wi.p. have the effect of Section 289 to sue to enforce the mortgage and, according to Section 715 (a) has provided property as security for repayment of a mortgage would. debt with interest. The land was promised a 19 percent interest per year, and agreed to submit the mortgage interest on a monthly basis, as specified in the agreement refers only to the mortgage principal, excluding interest on debt. Mortgagee is entitled to receive interest payments on the mortgage than the mortgage debt, but it's just a device. Forces one to consider the mortgage debt of a number. To be paid or not. And determine how much the interest rate. Petitioner is entitled to payment of principal and interest by the petitioner is entitled to recover money owed under the president.

Supreme Court in 5280/2548.
The second reason is that the defendant has a land ownership dispute arising from the negligence of the plaintiff to sign the card without authorization to enter the Tor sister of the plaintiff as collateral for a loan, but Thor does not apply. to meet the objectives of the plaintiff caused the defendant to a form in the person of the plaintiff that the plaintiff authorized the defendant to a sale of land to the defendant at the two later had a second to land such mortgaged to the defendant 3. The three defendants are mortgaged in good faith and pay compensation. Plaintiff's negligence is the signature of an attorney is not complete. We must acknowledge the damage caused by their actions. The defendants, three of which are outside the damage done by the negligence of the plaintiff it would not be fair to the defendant, the third person in good faith, the plaintiff can not sue the revocation of the mortgage as well as the land will be transferred. back to the plaintiff. Legal mortgage on the defendant before the two would fall on it.

Supreme Court in 4105/2548.
The auction of the mortgaged property has been sold by the mortgage. And the sale of the mortgages attached to. If the auction by the mortgage. Mortgage lender shall be entitled to receive payment from the auction of the mortgaged property prior to other creditors. The public auction by the mortgage to go. Mortgagee is entitled to receive payment of the mortgage assets. By the assignee of the mortgage, the mortgaged property under section 735 on the defendant as assignee of the mortgage assets by buying mortgage assets from the auction. Not a party to the mortgage contract. The defendant is a third party. Shall not be liable under contract to the mortgage and the mortgage contract that allows the payment of property other than property that is mortgaged. The plaintiff, the mortgagee would like to receive payment from the assets of the mortgage without having to consider that all proprietary rights will be transferred to third parties or not in accordance with Section 702 paragraph two, but the defendant shall transfer the property. The mortgage has not eased the burden of a mortgage by refinancing the mortgage. Under the provisions of Section 5 of the Civil and Commercial Code Book 3 12 Therefore, the defendants do not have to pay the debt under the mortgage to the plaintiff. And if the auction of the mortgaged property, net income was not enough. The defendant was not liable to the plaintiff.

Supreme Court in 1765/2548.
Land disputes are a land of co-defendants, two contracts, land disputes are governed by regulations prohibit the transfer. The Land Act of 2511, Section 12 paragraph one shall be living on the land dispute between the plaintiff and a defendant is made within a period of 5 years from the date the defendant received a Certificate (. Nor Sor 3 Kor) aims expressly prohibited by law. Therefore void under Section 150 even if the plaintiff to take possession of land disputes. It is a land dispute on behalf of the defendant, an owner of land disputes and the fact that one has the right to such land to be mortgaged to defendant No. 2 was the plaintiff can not sue to revoke the registration of land disputes between The two defendants.

Supreme Court in 1023/2548.
New. Contract with a bank overdraft of the defendant as a store locator with land as collateral Sat. The plaintiff was the one with the. Borrowing from a bank branch accused Reserved. The plaintiff's two land as collateral. Debt of the two branches of the same. And the plaintiff entered into a mortgage as security for the debt in full each existing contract. The mortgage loan insurance available to the defendant, in Bang. It is separate from the credit available to the defendant in a store locator. Are not related and interrelated, so that a debt security for all types of everything in terms of the mortgage contract, the plaintiff and the defendants in some of the carbon debt means the insurance contract. In each category, including debt, and one branch each. 1 and is on the plaintiff. Repayments under the loan agreement for the defendant, in Bang. The president is due to the suspension. Mortgage debt under the debt they hold the device in accordance with Section 744 (a) it is. A debt under an existing overdraft against any defendant in a store locator.

Supreme Court in 5384/2548.
Land contract between the plaintiff and the defendant has a clear meaning. In addition to insurance contracts, land disputes of amounts recovered from the defendant, while Sun has made the mortgage contract. It also includes a loan guarantee to recover from the defendant to the Sun in the future. If the land dispute between the plaintiff and the defendant is still binding. By limiting the amount the plaintiff would be liable for the mortgage not exceeding 260,000 baht, the second paragraph of the provisions of Section 681 and Section 707 on the mortgage, the mortgage, the plaintiff may be liable for no more than U.S. $ 260,000 to demonstrate the intent of Plaintiffs are liable for the debt. After a contract dispute over land and MP has accused a number of 50,000 loans with no mortgage in full. Although the defendant has paid the debt in full and on January 3, 2546, when plaintiff and defendant have agreed to terminate the contract of mortgage. The land dispute to binding is not the end of the suspension later on January 24, 2546 MP has accused a number of loans not exceeding 130,000 baht, the amount the plaintiff would be liable to the debt after the debt financing in the future. Mortgage loan agreement, which would include equipment loan debt after the debt with the president. I need to get re-mortgaged to the official. When the message is clear that the disputed land. The mortgage debt in the future. The questions that must be interpreted in a way that the party is you who will have to pay the debt in accordance with Section 11, but not the outstanding debts of the Sun. The remedy available to the defendant. The plaintiff has the duty to the defendant liable under the guarantee of mortgage loans in the mortgage agreement to settle the back end. Defendants have the right to redeem the mortgaged land disputes are not registered to plaintiff.

Supreme Court in 3775/2546.
The defendant entered into a mortgage without the consent of his wife. It is just that. Wife sued the defendant may ask the court to revoke the legal mortgage under the Civil and Commercial Code Section 1480, but as long as the mortgage has not been revoked by the court. Would remain in force under the law.
Loan agreements and mortgage contracts. The different types of transactions that can be separated from each other. The plaintiff sued the defendant to pay the principal and interest under the loan agreements. When the loan is not listening to the evidence. I can not take the mortgage interest rate stipulated in the contract was forced to borrow this money.

Supreme Court in 4372/2545.
The plaintiff and the defendant pay interest on the amount of 60,000 baht is payable, the interest rate of 2 percent per month, in violation of the Act prohibits an interest rate of more than 2475 Section 3 of Section 654. combined with the loan amount is 300,000 baht. The plaintiff and the defendant's intent to split the loan into two parts: the amount of 300,000 baht and 60,000 baht to 60,000 baht legal interest loan that is only the void. The legal interest in the amount of 300,000 baht is intact under the Section 173 loan debts between the plaintiff and the defendant in this part of the debt. Defendant mortgaged property as security for the mortgage loans in the amount of U.S. $ 360,000 shall be effective as of the amount of debt is the amount of 300,000 on the mortgage, the plaintiff told the defendant he shall be entitled to enforce mortgage debt in this section.

Supreme Court to 598/2544.
Contract guarantees and mortgage insurance between the plaintiff and defendant No. 2 agreed to guarantee the debt in the future of the defendants one by the Civil and Commercial Code, Section 681, paragraph two, provided that the debt in the future, insurance, and Article 707 stipulates that the provisions of Section 681 as guarantors. that You can apply for a mortgage as it should be so even if the two defendants entered into a guarantee agreement, mortgage, and before the defendants. One of the three plaintiff loan will be jointly liable with the defendant, a debt arising from loans that are three times as well.

Supreme Court in 4038/2543.
Enforcement Officer implementation of the court by the seizure and auction of the mortgaged property, including the proceeds from the auction to pay the plaintiff by the verdict. It is made possible as a representative plaintiff, the money received from the auction of the mortgaged property
Enforcement Officer of the defendant at a public auction Enforcement Officer the plaintiff to receive payment in accordance with the verdict. The plaintiff is entitled to interest on mortgage debt to the auction only. The average of the delay Enforcement Officer accounting years from the date of sale because you have to fight against the auction prices. The plaintiff objected to the account in the amount of preferred stock in mortgage lenders that the plaintiff will receive. The defendant has been involved or contributed to the delay Enforcement Officer account the average defendant is not liable to pay interest to the plaintiff after the auction of the mortgaged property longer.

Supreme Court in 1901/2542.
Agreement at the end of the mortgage contract that defines the principal amount of the contract does not prejudice the mortgagee to the mortgagor for the amount that exceeds the amount prescribed because of the interest or loan equipment, including a limit on the agreement that is due. mortgage interest on debt and equipment shall be in accordance with Section 715, but at the agreement. Liable for the mortgage payments, the mortgage can not exceed the amount of the contract and why the mortgage contract is an agreement that does not have the exact amount or the maximum that the mortgaged property as collateral par. Violation of Section 708 and the way to avoid the fee for registering the mortgage. The void has no effect.

Supreme Court in 2818/2541.
The president owe the money. The land as security for debts owed by permitting the device. Even in the mortgage contract the defendant agreed to pay interest to the plaintiff's percentage of 18 per year, it is not that the defendant must pay interest to the plaintiff's percentage of 18 per year up to the defendant will be liable to pay interest to the plaintiff under the mortgage is. equipment of any debt. Be interest under the loan agreement, the debt-president

Supreme Court in 1986/2541.
Defendant two land as collateral damage to the defendant. 1 may be a rise in the amount of 200,000 baht, which is located at the second defendants are not liable beyond the limits of the land as collateral. The Court of Appeal sentenced the defendant to two payments instead, and if the defendant fails to pay the second mortgage to strip out the auction money to the plaintiff until the debt. It is not correct. The Supreme Court agreed to resolve it properly.

Supreme Court in 5826/2540.
That a defendant is liable under the mortgage in the amount of Baht 10 million and 20 million respectively, while interest on a mortgage agreement stating that the defendant's land and machinery as security for a debt owed by the defendant to recover his money. Overdraft. And other debt of all types, both of which the defendant a debt already in the contract and debt are held in the future, and the defendant is a compromise of interest to the petitioner, the interest of the defendant at a rate of one a go. cash accounts, promissory notes and loan agreements. Guarantees. Loan debt and promised the president. The mortgage contract is a debt to the creditor the right equipment, the cause of which is to enforce against the mortgaged property, there are 4 types of debt and the interest rate differential. When the lease liability so as to recover an overdraft and a heavy debt to the defendant for all types of debt are equal, and insurance proceeds from the enforcement of the mortgage can not pay out any money. The borrower must make payments under the overdraft before the Civil and Commercial Code, Section 328, paragraph two, the interest of the mortgage loan agreement must be based on overdraft. When interest is compounded, he finally became the capital of 30 million baht to mortgage land is under contract with the machines that make up the mortgage contract. In the case of a debt or claim in full the amount of the beginning of a compound interest of the defendant that a contract mortgage from that day forward until the loan overdraft between the petitioner with defendant a break after the claimant is entitled to a non-compounded interest rate of mortgage payments, 30 million Baht

Supreme Court in 1711/2530.
The property has many such mortgages. When the mortgagee first asked the court to auction by the mortgage would be considered a mortgage to go through the back and the mortgagee others have no right to ask the court to auction by the mortgage, which will conflict with the mortgagee first meet. purposes provided for in Section 731 732 and 744 (5).

Twitter Delicious Facebook Digg Stumbleupon Favorites More