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Old 21st April 2011, 17:25   #11 (permalink)
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Re: In A Fix - taking builder to court

Hi Folks
Not that it helps but you are not the only one!!

We have been here about 6 years and still no house Tapu (Very long story but basically a bad builder who wont pay his debts) but luckily we did manage to get the land Tapu and have got around lack of paper work for Electric and water by working with the local government offices.

Re the debts:
The debt stays with the property.
If you could pay it off you could have the Tapu transfered to you as your lawer says
Going to court will be expensive and a desecion in your favour, eventually, does not mean the builder cant appeal, there are typically 3 times, different levells of courts, he can appeal, 6 if you include the Civil and Criminal courts.

Just be aware that it is typically 10% of the net value of the case that is charged by lawyers and wach out for the additional expenses!!

So if you total this all up plus the years of stress and heartache is it possible you can "Buy" your Tapu by paying of the debt?

Also remember what other threads have said including your own that more "stuff" is comming out of the woodwork each day,
Make a move while you can!!!

The best of luck and my heart felt sympathes from another No Plan B Ex Pat

Cheers John
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Old 21st April 2011, 20:31   #12 (permalink)
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Re: In A Fix - taking builder to court

Thanks for you reply. Our Tapu was used by the builder as a guarantee to borrow a large sum of money from one of the Turkish Banks. They defaulted on the loan. The tapu is in one of the builders companies name & now more debt has been added on. A long list of creditors. More debt than the value of the property. It is clear better protection is neede for Foreginers buying property here.
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Old 21st April 2011, 21:23   #13 (permalink)
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Re: In A Fix

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Originally Posted by jelly View Post
they can't change it into someone else's name unless the debt is paid, if the debt is going to be paid then it should go into your name, so no idea why your lawyer has suggested this. I would be very careful dealing with a lawyer like that.

If it goes into someone else names, how can you carry on a court case against the builder to try and get the property when its not even his anymore.

Have there been any hearings at the court, there should have been a few by now, court dates usually happen about 2-3 months after the case is opened, what is the feedback? Has the builder got any other assets?, if so you have a better chance of getting some money back. If he hasn't then it will be a waste of time. Where are you based, I am always recommending my lawyer in Didim, and there are another couple of good names that come up all the time, maybe its worthwhile getting a second opinion on this?
Worth noting, when you deal in the courts here, take in independant translator with you. I know someone who used a lawyer who spoke English and they was in the pocket of the builder, the lawyer was telling the people one thing but telling the courts something else, they lost the case. It only came to light after the case, turns out the court usher spoke English and later just by chance met the English people.
The debts increasing on the Tapu could well be due to interest and NO do not transfer it into someone elses name (probably the lawyers cousin). Quite right what has been said, the debt has to be cleared or agreed to by the person(s) who the debt belongs too. They can and do move these debts from Tapu to Tapu.
Good luck.
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Old 21st April 2011, 22:31   #14 (permalink)
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Re: In A Fix - taking builder to court

Quote:
Originally Posted by myrtle542001 View Post
It is clear better protection is needed for Foreigners buying property here.
As you can see I have only been a member of the forum for a short while.

When I first joined I was full of enthusiasm and so looking forward to buying somewhere in Turkey and spend all my kids inheritance, but since reading many many posts, I don't honestly think I will venture into the property market.

I think one of the more off-putting topics is that of "Don't trust solicitors", if you can't trust your solicitor, who the heck can you trust.
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Old 22nd April 2011, 05:30   #15 (permalink)
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Re: In A Fix

Good point. We had an Independant Translator for the 'opening of the investigation'. Which was witnessed & signed. It is a true account of events from our perspective. Our Turkish is enough that we get understood when we visit the Lawyer. His English is limited.
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