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Old 21st April 2011, 05:11   #1 (permalink)
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In A Fix - taking builder to court

We live in Turkey Full time. Their is no plan B. We are taking our Builders to Court. After 5 years no Tapu. Found out last year our Tapu, (in Builders Company name) is in Debt. Filed for Court March 2010. We are still waiting. In the meantime, more & more Debt has been put on. Our Advocate wants to change the Tapu into someone elses name. We are not happy about this. I would be interested in the implication of this. Who then has the Debt? If this is a 'Common' thing to do in Turkey, why was'ent it done last year to stop more Debt going on? If this happens, won't it remove some of the responsibility from our Builders to sort the mess out. The debt is so much now. Is it best to take our chances with the Court? We know it maybe years before any outcome is reached. Some feedback would be appreciated.
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Old 21st April 2011, 05:27   #2 (permalink)
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Re: In A Fix

Sorry to hear about your predicament.

I can't see how transferring the Tapu into someone else's name will help your situation even if it could be done, I think that a Tapu can only be transferred if it is debt free.

The only way to stop debt going on a property is with an Ipotec, whether this can be applied when there is already debt on the property I don't know.

Hope you get it all sorted sooner rather than later.
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Old 21st April 2011, 05:40   #3 (permalink)
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Re: In A Fix

Yes, this is our understanding as well. We think that this could be some sort of 'fudge'. We don't understand the Legal System. Add the fact that we are in Turkey as well ,it is a mine field.
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Old 21st April 2011, 07:30   #4 (permalink)
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Re: In A Fix

Oh my god poor you realy wish i could help but having just got up cant think straight need 3 more cups coffee ! will show your post to Nur when she wakes up do hope everything works out for you , is this your only home now or do you have a property in the uk ?

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Old 21st April 2011, 07:32   #5 (permalink)
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Re: In A Fix

Quote:
Originally Posted by myrtle542001 View Post
We live in Turkey Full time. Their is no plan B. We are taking our Builders to Court. After 5 years no Tapu. Found out last year our Tapu, (in Builders Company name) is in Debt. Filed for Court March 2010. We are still waiting. In the meantime, more & more Debt has been put on. Our Advocate wants to change the Tapu into someone elses name. We are not happy about this. I would be interested in the implication of this. Who then has the Debt? If this is a 'Common' thing to do in Turkey, why was'ent it done last year to stop more Debt going on? If this happens, won't it remove some of the responsibility from our Builders to sort the mess out. The debt is so much now. Is it best to take our chances with the Court? We know it maybe years before any outcome is reached. Some feedback would be appreciated.
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?
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Old 21st April 2011, 11:42   #6 (permalink)
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Re: In A Fix

what a bummer . Sorry to hear this . I had a suspicion 4 years ago my Tapu was not clear so i paid a solicitor to check at the Tapu office [cost me 75 & well worth it ] Turned out i had a 5000 debt on it that should have been removed long since . I got it removed ,but if i had not checked the record book at the records office then it would have still been on my Tapu as a debt ,even though i had paid it off long since . Lesson to be learned number 1 . after buying a property & receiving your Tapu ,get a different solicitor to check your deeds at the Tapu office [or go your self with a interpreter .[usual cost about 35 ]
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Old 21st April 2011, 15:11   #7 (permalink)
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Re: In A Fix - taking builder to court

im so sorry to hear this myrtle..can i ask why the Tapu is in the builders name all this time..did you give him poa and arrange to pay in stages
..did you make an iou note out to him?
what happens here a lot is that debt is passed or sold on and on but the onus remains on the person who made the iou in the first place.
you dont seem to have a good solicitor if he is giving you advice like this...
have you seen the tapu recently? i would feel very suspicious at him advising you to do that....you must get a look at the tapu.
and as has been already said tyhis is too a long wait for a court case to be heard
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Old 21st April 2011, 15:22   #8 (permalink)
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Re: In A Fix - taking builder to court

ask the solictor why he wants to change the tapu into someone elses is name, there may be a good reason.
the tapu can be transfered to another name and the debt goes with it.
maybe the builder is about to loose everything, your property too so your lawyer may be trying to salvage the best deal available.
more facts are needed before proper advice can be given.
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Old 21st April 2011, 15:51   #9 (permalink)
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Re: In A Fix - taking builder to court

Stuart, yes there are other court cases against the builder. As time goes on it seems more details are coming out & none of the news is good. Thanks for your advice.
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Old 21st April 2011, 16:38   #10 (permalink)
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Re: In A Fix - taking builder to court

We bought the land in Feb 2006. Building started in Oct 2006. It was Tarla land & were assured it would be in the plan & that all the permissions had been obtained for putting a house on the land. We were also told we would have no problem having the tapu & all necessary paper work in our name. We have since found out it is still tarla land, so cannot be held in our name. It is our only investment. We live in Turkey all the time & have no home in the UK. We had a contract drawn up but not notorised. We have a paper trail & E-Mails as to where & when the money was paid. We have never given the builder a P.O.A. The builder has other assets, but more debt & creditors. We have been told it is taking a long time for the court as not all the paper work is ready. We have made mistakes but feel the biggest one is trusting a Turkish Family. Two of the Brothers ,together with an English friend came to stay with us in the UK before we moved out to Turkey. So we are feeling totally let down.
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