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real estate loan locks,

Inman Real Estate News - Navigating real estate loan locks, docs Part 7: Finding the right home loan Navigating+real+estate+loan+locks%2c+docs Part+7%3a+Finding+the+right+home+loan %3ca+href%3d'http%3a%2f%2fwww.inman.com'+target%3d'_blank'%3eInman+News%3c%2fa%3e Jack+Guttentag 2005-12-19T00%3a00%3a00.0000000-08%3a00 49257 HOME | NEWS | JOIN | PRODUCTS | CONFERENCES | ADVERTISE | ADVICE | ABOUT US | CONTACT US | SUBMIT A TIP Member Resources Members Home Search Inman News Content Warehouse Cartoon Database Weekly Newsletter Special Reports Audio Files Inman Blog Feedback Connect Registration Audio Conference LETTERS TO THE EDITOR There's no denying real estate bubble Re: ' Worst-case scenario for housing next year ' (Dec. 28) Dear Editor: I have been a real estate investor since I was 19. I am now 54. To deny a real estate bubble is to ignore the obvious market fundamentals. Obviously, there are different factors in different markets, but as a longtime investor/Realtor/broker there is no logical argument against real estate prices declining 10 percent to 30 percent in the "hot markets." The South Florida condo market will be a blood bath. The median income cannot buy the median house in most markets; interest rates will continue creeping up; speculators have driven prices to insane levels and when the going gets rough they will walk from a lot of residential properties. Most "hot" areas are becoming alarmingly overbuilt with residential inventories rising; lenders have ticking time bombs in their ARMs, negative equity and interest-only mortgages. Do your homework. Be wary of those whose opinions are tainted by the fact that they or their company have a stake in this insane market continuing. Michael H. Mosieur Mosieur Business Brokers Re: ' America closes doors to architectural expression ' (Dec. 26) Dear Editor: This is one of the most insightful articles I've read in a long time. We might add, "And what are we doing to our children as we worship at the altar of the mundane?" Years ago I read that about 1,000 children were tested for creativity just prior to entering kindergarten. Eighty-five percent of the children tested "creative." Twelve years later the same group was tested, and only 35 percent of the students tested "creative." What happened to the children along the scholastic way, and does the country even care? Where's the outcry? Isn't the creativity of our generations one of our most precious resources? It's been said that we're only one generation away from losing our freedom. Could it be that with escalating offshore competition in view, and stultifying U.S. scholastic models utilized, that the above advisory could also apply to our economic freedom? A. Bruce Belfield III Associate real estate broker Hurricane, W.V. FREE website content! Make Inman.com your homepage Get the Inman News Toolbar Link to Inman News Consumer News Commercial News Real Estate Articles from Inman News Already a Member? Log in below to view full story: User ID: Password: Lost Password? Navigating real estate loan locks, docs Part 7: Finding the right home loan Monday, December 19, 2005 By Jack Guttentag Inman News To read this article, become a Member of Inman News now! JOIN NOW TO BECOME AN INMAN MEMBER 100% Satisfaction Guaranteed Group discounts available First Name: Last Name: E-mail: User Name: Call 1.800.775.4662 x128 8am - 5pm Pacific Time to order by phone or to get a discount group membership for your company or colleagues. View News Article Sample Hear Sample View Newsletter Sample Connect Info View Audio Conference Schedule Back Top © 2005 Inman News Home | Privacy | Editorial | Legal | Site Map

purchase property for business

Thai Law Firm for land and property purchase by foreigners in Bangkok, Pattaya, Koh Samui, Koh Chang, Chiang Mai. Home Business Guide Publications FAQs Links Meet Us Contact Us Careers --- Proud Sponsor: Thailand Law Forum USA Visa Thailand LAND PURCHASE Buying land or purchasing property in Thailand is attractive for a variety of reasons. Some buy land to build a vacation or retirement home in Thailand while others purchase property for business and investment purposes. Our licensed attorneys have been supervising land purchases in Thailand for over 20 years. We specialize in protecting foreigners' rights in Thailand. Can a foreigner buy land or purchase property in Thailand? Thai law, in general, prohibits non-Thai citizens from buying land or purchasing property in Thailand. However, there are various exceptions to the law, as well as methods for foreigners who want to buy land or purchase property to acquire rights to land and property in Thailand legally. What are the options available for buying land or property in Thailand? For a foreigner wishing to buy land or purchase property in Thailand, there are mainly four options worth exploring. These include using investment, leasing, owning a company and marrying a Thai spouse. Investing/BOI : With significant investment of funds, foreigners may be allowed to own a limited amount of land under Thai property law. Some foreign companies seek and obtain the approval of the Board of Investment (BOI) to purchase land for a limited period. This option, however, is not available to the vast majority of non-Thai nationals seeking to obtain a second home, retirement home or investment in Thailand because of the legal restrictions involved. As a result, other options must be examined. Leasing : Thai property law allows a foreigner to lease land for a maximum of 30 years, with lease renewal options of 30 years. Many foreigners choose this method to secure land or property ownership. In comparison to setting up a company, land leasing is easier and requires less maintenance. (More information on land leasing in Thailand can be found here) Owning a company : A foreigner may use a Thailand-registered company to obtain property rights or land interest in Thailand. This "Thai" company must be at least 51% owned by Thai shareholders, while the remaining 49% or less may be held by foreigners. (Some law firms are still using the old law and recommending 39% foreign ownership.) Marrying a Thai spouse : A recent revision of Thai law has provided the opportunity for a Thai with a foreign spouse to buy land or property in Thailand. Prior to registering the land parcel at the Land Department, the couple may be asked to sign declarations, declaring that the funds for the property came solely from the Thai spouse. This may, in effect, result in the non-Thai spouse waiving his/her rights on the land or property. Such declarations may become problematic in a divorce case as the non-Thai spouse may have difficulties proving that the land was marital property. To prepare for such an event, a skillfully-drafted prenuptial agreement may be useful. How useful is a limited liability company for a foreigner who wishes to buy land or purchase property? This is one of the most popular methods employed by foreign investors who want to buy land or purchase property in Thailand. Although Thai law generally requires Thai nationals to own a majority interest in a company in order to legally purchase land or property, various legal documents and procedures can be used to provide greater protection for foreign minority shareholders. I am an American who owns 100 per cent of a Thailand-registered company under the Amity Treaty. Am I able to use this Amity Treaty company to buy land or purchase property? Unfortunately, an Amity Treaty company only allows Americans to transact in certain types of businesses. Under the Treaty, Americans can own a majority share in a Thai company but they are not granted the right to buy or purchase land in Thailand. How many types of title deeds are available for private land ownership? There are mainly three types of title deeds for private land ownership in Thailand. The best title deed for land ownership is the Chanot (Nor Sor 4), which must be registered at the Land Department in the province in which the land is located. Although it is possible for a land parcel to be commonly held by several individuals, only the person whose name is indicated on a Chanot has all the legal rights to that land. The deed can act as evidence of ownership, and it can be used to engage in legal acts upon that land as allowed by the law. The second and third best title deeds are the Nor Sor 3 Gor and the Nor Sor 3. For Nor Sor 3 title deeds, the Land Department does not utilize official markers to designate land boundaries. As a result, these title deeds have less specific land demarcation than the Chanot. Foreigners who intend to buy land should also be aware of the problematic "possessory right". This land-ownership right is not substantiated by a title at the Land Department but it is shown using tax payments. Title Deed Definition Chanot (Nor Sor 4) Full title deed Nor Sor 3 Gor Second best title deed. Used while awaiting measurement for a Chanot . Nor Sor 3 Third best title deed. Ownership may be established; Less specific boundary demarcation than a Chanot . Possessory Right One of the weakest land rights. Normally an inherited land right proven by tax payments at the local administrative office. Can you tell me more about land mortgages in Thailand? An application made in writing, followed by a registration at the Land Department of Thailand are two necessary procedures for land mortgages in Thailand. Buildings built on the land after the mortgage date will be not covered unless they were agreed upon prior to the signing of the mortgage documents. Such buildings and other immovable structures should be mortgaged and registered separately at the Land Department or local Amphur (province). I would like to know the pros and cons of utilizing company formation to own land in Thailand. With this approach, foreigners are able to acquire ownership interest in a freehold land in Thailand. This ownership is deemed permanent if the company stays in operation and does not sell or transfer the land. Company formation for the purpose of owning land would be suitable for people considering setting up businesses in Thailand; people with intentions of holding land for investment or for long duration; and as inheritance for future heirs. One other advantage of this type of ownership is the possibility of mortgaging and/or subdividing the land for resale purposes. This is a right normally conferred by land leases. For a Thailand-registered company to buy land legally, it must consist of Thai shareholders. Some foreigners hire Thai nationals to act as nominees of their company but this may be risky in the long run. These Thai nominees will become legal shareholders of the company and therefore, legally ow n the company. Even if there are ways of reducing shareholders' control in the company, it is still a risky approach to undertake for a foreigner. Another disadvantage is the need to maintain regulatory compliance of the company. The law requires a Thailand-registered company to file annual balance sheets and to maintain a company address. Moreover, companies that are not operating may be de-listed. It would, therefore, be wise to use an active company to purchase land or buy property in Thailand. If I hire a Thai national to buy land or purchase property on my behalf, can this person execute an agreement stating that the land belongs to me? In principle, it is illegal for a Thai national to buy land or purchase property on behalf of a foreigner. Therefore, the agreement carried out would be considered illegal and not put into effect. Which is a better alternative for buying land outside of Bangkok - hiring a local law firm from the province or a Bangkok-based law firm? A dearth of qualified law firms in provinces outside of Bangkok often poses problems for foreigners seeking a firm to handle all their legal needs. Before you hire a local law firm, do check that there is no pre-existing working relationship between the seller/Land Department officials and the local law firm. This is to prevent any biased assessments during the process of buying land. On the other hand, foreigners are able to find many qualified law firms in Bangkok. Bangkok-based law firms are able to commute to the provinces to execute the land transaction. Many foreigners feel more comfortable with this approach as these law firms operate independently and in full interests of the client (buyer). (Disclaimer: The information provided on this site is for informational purposes only. No warranty is expressed or implied. Before taking any legal action, persons are advised to seek the advice of an attorney qualified in the area of law concerned.) www www.sgalegal.com Siam Global Associates Co., Ltd. Suite 606, 6th Flr., Nai Lert Building 87 Sukhumvit Road, Klongtoey, Vadhana Bangkok 10110 Thailand Tel: (662) 650 3510 (-12) Fax: (662) 655 0655 E-mail: sgalegal@cscoms.com © 2001-2005 Siam Global Associates Co., Ltd.

Land Loan

Construction Loan Disbursement - Land Title Guarantee Company: Serving Colorado and its people since 1967 Home Lenders Construction Loan Disbursement Service Construction Loan Disbursing Service for Lenders For information about the Construction Disbursing process or pricing, please contact us via email or by calling the Construction Disbursement Department at 303-636-2760. The Benefits: Land Title's Construction Loan Disbursing Department is staffed by professionals with a total of over 51 years experience. Land Title keeps an accurate accounting of funds disbursed from the loan. Land Title employs its own professional inspectors to provide the highest quality inspections at no additional cost to you. Land Title collects Mechanic's Lien waivers throughout the project from each subcontractor, freeing up your time for other priorities. Land Title charges one flat fee for residential properties, which includes the inspection report, the Mechanic's Lien Endorsement, disbursement processing, and all delivery fees. A single fee means you can accurately budget for all your upcoming projects. Borrowers are included in the disbursement agreement, so no one is left out of the loop. Land Title maintains your escrow instructions. Land Title disburses on commercial projects and single family residences. Loans disbursed generally range from $200,000 to $50,000,000. However, we can disburse on loans of any amount. The Process: The construction Loan Disbursement process begins when the general contractor submits a Draw Request to Land Title. Land Title can provide a form upon request. However, your form, a computerized form, or an AIA form are all generally acceptable. The Draw Request includes the names and addresses of payees and the amounts to be paid. All invoices to be paid should be attached. The contractor presents the Draw Request to the owner and obtains the owner's approval and signature. Land Title conducts the Inspections and prepares a Construction Progress Report affirming that the work and materials are in place and estimates the overall percentage of completion. Land Title conducts a title search for Mechanic's Liens. Land Title forwards to the lender the Draw Request, together with the title search for Mechanic's Liens. While the draw is pending lender approval, Land Title cuts all checks, obtains W-9 tax identification numbers, prepares the check register, and is ready to disburse as soon as the lender's funds are deposited into Land Title's account. Items of construction interest, overhead and profit, and soft costs can be paid if they are in accord with the lender's policy. The lender and the borrower must both approve these payments in writing. When the lender approves the draw and funds are received, Land Title mails the already-prepared checks directly to the contractors, subcontractors, suppliers, and vendors as directed. Land Title's disbursement checks have a lien waiver imprinted on the face of the check. The lien waiver states the amount, the ownership, and the address, and the check stub gives the description of invoices or work being paid. The lien waiver must be signed separately and apart from the check endorsement. If the payee fails to sign the lien waiver, the check will not clear the bank. After Land Title has prepared and disbursed checks directly to all subcontractors and suppliers, Land Title will furnish a check register--listing all checks by check numbers, person(s) paid, and the amounts paid--to the contractor after each draw, and to the borrower and lender upon request. Land Title can furnish a check register from day one to any point in the construction. Land Title can also furnish a register for all payments to any individual payee at any time during or at the end of construction. The Pricing Land Title's Construction Disbursement pricing is based on the size of the loan and type of protection being provided. Please contact the Construction Disbursement Department by email or phone (303-636-2760) for a quote. Generally, the price for single family residences is $750 for loans up to $500,000, then 75 cents for each $1,000 thereafter.

Real Estate Loan

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