Section 728 — Notice before foreclosure of mortgage
Statutory text (Thai original)
เมื่อจะบังคับจำนอง ผู้รับจำนองต้องมีจดหมายบอกกล่าวไปยังลูกหนี้ก่อนว่าให้ชำระหนี้ภายในเวลาอันสมควรซึ่งกำหนดให้ในคำบอกกล่าวนั้น ถ้าและลูกหนี้ละเลยเสียไม่ปฏิบัติตามคำบอกกล่าว ผู้รับจำนองจะฟ้องคดีต่อศาลเพื่อให้พิพากษาสั่งให้ยึดทรัพย์สินซึ่งจำนองและให้ขายทอดตลาดก็ได้
Verbatim from the Royal Gazette / Office of the Council of State
คำแปลภาษาอังกฤษ
In order to enforce a mortgage, the mortgagee must serve a written notice on the debtor requiring payment within a reasonable time fixed in the notice. If the debtor fails to comply with the notice, the mortgagee may bring an action in court for an order directing the seizure and public auction of the mortgaged property.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Thailand reformed §728 in 2014 (Act No. 20, B.E. 2557) and tightened it again in 2015. The current notice period that has crystallised in Supreme Court practice is at least 60 days. A notice that gives less than 60 days, or no notice at all, makes the subsequent foreclosure action premature and the court will dismiss it. The notice must be served at the address last recorded in the mortgage register; e-mail or LINE messages are not sufficient under existing case law.
Why this matters in practice
Lawyers: The written notice is a mandatory procedural prerequisite — failure to give it renders a foreclosure action premature and dismissible. The notice does not need to itemise the debt in precise detail; it need only call upon the debtor to pay within a reasonable time. The reasonable time is assessed on the facts. Delivery to the contractually agreed address or any address where the debtor may be found is sufficient. Laypeople: Before a bank can take your mortgaged property, it must first send you a formal written demand giving you a reasonable chance to pay. If you receive such a notice, act quickly — seek legal advice and attempt to negotiate.
Legislative history
Part of the original Civil and Commercial Code codification; no major subsequent amendment.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 7151/2544 (2001) ★ Landmark
A Section 728 foreclosure notice is valid if it calls on the debtor to pay within a reasonable time; it need not specify the exact amount of debt outstanding.
Section 728 does not prescribe what the notice must contain — it only requires a letter to be sent to the debtor requiring payment within a reasonable time. The notice need not specify the precise outstanding balance or list every component of the debt.
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Supreme Court Judgment No. 5553/2542 (1999)
The time given in the Section 728 foreclosure notice must be objectively reasonable; an unreasonably short period may invalidate the notice.
Section 728 requires the mortgagee who wishes to foreclose to give written notice to the mortgagor as debtor, fixing a reasonable time for payment. The time given must be objectively reasonable in the circumstances — a notice fixing an unreasonably short period may be defective.
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Supreme Court Judgment No. 938/2542 (1999)
Delivery of a Section 728 notice to the contractually agreed address is effective even if not personally received by the mortgagor.
Where the mortgage contract stated that notices sent to the mortgagor's address as specified in the contract were deemed effectively delivered, dispatch of the Section 728 notice to that address was valid even if not personally received by the mortgagor.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
How much advance notice must the bank give before it can seize my mortgaged property?
The law requires 'a reasonable time' — there is no fixed number of days. What is reasonable depends on the facts, including the size of the debt, the financial situation of the debtor, and prevailing practice. Courts have accepted notice periods of 30 days as reasonable in many cases, but the notice must always be in writing.