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Old 17th November 2011, 12:13   #1 (permalink)
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Question Tapu

Hello
Once again I need your help please.
We are still trying tom obtain our Tapu after nearly 4 years we are going around in circles with our solicitor - without going into too much detail we would like advice please as our solicitor has advised us to transfer property to someone Turkish who we trust because of financial situation of builder we are trying to get tapu from. He states:
because of complications and that there is a big debt of property tax. before this is paid the council will not allow him to release the deed and that we could may be negotiate with the local council and convince them to allow you to receive your deed once your part of the property tax debt is paid. but
once you make this payment, we need to receive the ownership from him.
Otherwise this will be too risky.
For this reason my suggestion was to,
1-Pay the portion of the property tax,
2-transfer the deed in to a Turkish people's name who you may trust
3-than apply for military permission and transfer it in to your name

Obviously we are very worried about these turn of events because of language barrier and only contact is via email we are unable to really get to bottom of this! Sorry this so long winded. Can anyone help?
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Old 17th November 2011, 12:24   #2 (permalink)
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Re: Tapu

A resounding NO on transferring the Tapu into the name of a Turkish person, even one that you trust. Trust is not the issue. If the Turkish person were to die, under Turkish Inheritance Laws, the property would go to his/her dependants/relatives. You would never, ever retrieve it.
Was military clearance not applied for, when you first bought the property?
sounds to me like the builder is in deep financial trouble and has not been paying his Taxes and insurances, and wants you to pick up the tab.

Mary.
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Old 17th November 2011, 12:27   #3 (permalink)
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Re: Tapu

Quote:
Originally Posted by ceriandchris View Post
Hello
Once again I need your help please.
We are still trying tom obtain our Tapu after nearly 4 years we are going around in circles with our solicitor - without going into too much detail we would like advice please as our solicitor has advised us to transfer property to someone Turkish who we trust because of financial situation of builder we are trying to get tapu from. He states:
because of complications and that there is a big debt of property tax. before this is paid the council will not allow him to release the deed and that we could may be negotiate with the local council and convince them to allow you to receive your deed once your part of the property tax debt is paid. but
once you make this payment, we need to receive the ownership from him.
Otherwise this will be too risky.
For this reason my suggestion was to,
1-Pay the portion of the property tax,
2-transfer the deed in to a Turkish people's name who you may trust
3-than apply for military permission and transfer it in to your name

Obviously we are very worried about these turn of events because of language barrier and only contact is via email we are unable to really get to bottom of this! Sorry this so long winded. Can anyone help?
Hi cerichris, sorry to hear of your situation, you will be very worried.

Firstly, DON'T do anything this 'lawyer' has suggested!!! You need someone reliable & honest to check the Real situation out for you asap! Which area is your property in?

You could contact 'Crescent Homes' Details on the left of this screen. They can check this out for you for a small fee.

Good luck

PS they speak very good English
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Old 17th November 2011, 13:22   #4 (permalink)
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Re: Tapu

Quote:
Originally Posted by ceriandchris View Post
For this reason my suggestion was to,
1-Pay the portion of the property tax,
2-transfer the deed in to a Turkish people's name who you may trust
3-than apply for military permission and transfer it in to your name
Thats the way i have done all my deals never a problem.
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Old 17th November 2011, 14:05   #5 (permalink)
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Re: Tapu

Your lawyer has probably suggested transferring your Tapu to a turkish person as there may be a possibility the property could be seized in the near future by the Icra office. He/she would only suggest this if your MC has not returned and waiting at the Tapu Office.
Waiting 8 weeks for your MC clearance may be too long a time....however transferring it to a turkish person then to yourself will cost twice the Tapu tax; but it's better than losing your property altogether.
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Old 17th November 2011, 14:15   #6 (permalink)
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Re: Tapu

We had to transfer our Tapu out of our dodgy emlaks name last year to a Turkish friend we trusted, it was only for a matter of a couple of weeks otherwise our property would have been seized at the time Yes it cost us twice as much but well worth it not to loose our house.

Last edited by janA; 17th November 2011 at 14:18..
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Old 17th November 2011, 14:25   #7 (permalink)
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Re: Tapu

Quote:
Originally Posted by alison09400 View Post
Your lawyer has probably suggested transferring your Tapu to a turkish person as there may be a possibility the property could be seized in the near future by the Icra office. He/she would only suggest this if your MC has not returned and waiting at the Tapu Office.
Waiting 8 weeks for your MC clearance may be too long a time....however transferring it to a turkish person then to yourself will cost twice the Tapu tax; but it's better than losing your property altogether.
Hi Alison, shouldn't they check what debts are actually attached to the property before taking any action? I thought the debts went with the property, not the person?
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Old 17th November 2011, 17:04   #8 (permalink)
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Re: Tapu

Quote:
Originally Posted by tintagel View Post
Hi Alison, shouldn't they check what debts are actually attached to the property before taking any action? I thought the debts went with the property, not the person?

If the builder is in major debt, creditors will open a file at their local Icra Mudurluğu (Execution Office) who will in turn seize any assets owed by the builder, including any properties were the Tapu is in his name.
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Old 17th November 2011, 17:14   #9 (permalink)
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Re: Tapu

Quote:
Originally Posted by alison09400 View Post
Your lawyer has probably suggested transferring your Tapu to a turkish person as there may be a possibility the property could be seized in the near future by the Icra office. He/she would only suggest this if your MC has not returned and waiting at the Tapu Office.
Waiting 8 weeks for your MC clearance may be too long a time....however transferring it to a turkish person then to yourself will cost twice the Tapu tax; but it's better than losing your property altogether.
Sound advice !!!! Read, think then do it before its too late.
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Old 17th November 2011, 18:27   #10 (permalink)
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Re: Tapu

Quote:
Originally Posted by alison09400 View Post
If the builder is in major debt, creditors will open a file at their local Icra Mudurluğu (Execution Office) who will in turn seize any assets owed by the builder, including any properties were the Tapu is in his name.
Thanks Alison, but what if the builder has taken large loans out against their property, say with a bank, that debt would be registered against their property, are you saying it's still possible to transfer that Tapu? without the 'new' Tapu holder incurring that debt?

Sorry, it's still not clear to me
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