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Old 16th July 2014, 15:58   #1 (permalink)
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Ipotech (hypotech) help?

Hi all

I don't know if anyone knows the answer but, if a property is actually worth more (a lot more) than whatever is registered on the tapu is it worth having an ipotech put on that tapu? If for example the house was worth 100k and the tapu stated 10k all they would have to do to sell it on is to pay the 10k surely, therefore making 90k profit? Is there anything else I can do, another way to stop a re-sale happening?

This whole process is mind boggling but due to recent changes in law we are no longer able to keep our company here so I have no other choices at the minute.

I trust the people involved but want some sort of guarantee after reading all the other troubles re property on here

Thanks in advance for any help you can give

Sara
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Old 16th July 2014, 17:23   #2 (permalink)
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Re: Ipotech (hypotech) help?

why can't you keep your company?

re ipotek: it would have to be for the full value of the property i.e. what you estimate the sale value to be - and it is expensive at 3% of whatever amount you want to protect

Last edited by Helenm150; 16th July 2014 at 17:24.. Reason: typo
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Old 16th July 2014, 17:34   #3 (permalink)
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Re: Ipotech (hypotech) help?

what do you mean by you "trust the people involved" - are you thinking of transferring your property out of the company and putting in someone else's name?
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Old 16th July 2014, 17:37   #4 (permalink)
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Re: Ipotech (hypotech) help?

Quote:
Originally Posted by Sara-666 View Post
Hi all

I don't know if anyone knows the answer but, if a property is actually worth more (a lot more) than whatever is registered on the tapu is it worth having an ipotech put on that tapu? If for example the house was worth 100k and the tapu stated 10k all they would have to do to sell it on is to pay the 10k surely, therefore making 90k profit? Is there anything else I can do, another way to stop a re-sale happening?

This whole process is mind boggling but due to recent changes in law we are no longer able to keep our company here so I have no other choices at the minute.

I trust the people involved but want some sort of guarantee after reading all the other troubles re property on here

Thanks in advance for any help you can give

Sara
To put a debt on a property it must have the "owners" agreement. The fact that the Tapu might show 10K is a by the way (I think). It does not stop you putting the Ipotech on the property for 100K. That debt can only be removed by the people who have put it on, (the owner & whoever puts the debt on). There is a catch here, its getting the owner back to cancel the debt with you. The Tapu office needs both parties there for that as well.
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Old 17th July 2014, 18:00   #5 (permalink)
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Re: Ipotech (hypotech) help?

Thanks Spurs.

Helen, we're leaving Turkey this month so we're having to close the company as at least one director needs to be living in the country all year round, if they find out you are both foreigners and out of the country they can legally take your company and all assets from you. So we are putting it in another persons name, yes I know all the problems that this brings but it is what it is and we have no options left, hubby left it too long to put it in my name and since the laws changed again last May now it's not possible!

They are closing the loopholes bit by bit so that foreigners with houses alone in a company name are going to have some major problems in the future.

Sara
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Old 17th July 2014, 18:08   #6 (permalink)
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Re: Ipotech (hypotech) help?

Quote:
Originally Posted by Sara-666 View Post
Thanks Spurs.

Helen, we're leaving Turkey this month so we're having to close the company as at least one director needs to be living in the country all year round, if they find out you are both foreigners and out of the country they can legally take your company and all assets from you. So we are putting it in another persons name, yes I know all the problems that this brings but it is what it is and we have no options left, hubby left it too long to put it in my name and since the laws changed again last May now it's not possible!

They are closing the loopholes bit by bit so that foreigners with houses alone in a company name are going to have some major problems in the future.

Sara
A short but interesting thread............watch this space then Sara?
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Old 17th July 2014, 18:37   #7 (permalink)
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Re: Ipotech (hypotech) help?

Do you want to keep the property Sara or do you want to sell it? If you want to sell it then keep your RP up to date until it has sold. If you want to keep it then yes the only option currently available in your area is to put it in someone else's name with ipotek and contract but those measures do not give you a legal right to reside and in theory the person whose name your property is in could put you out and move their own family in - not to mention the complications regarding Turkish inheritance law.
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Old 17th July 2014, 18:53   #8 (permalink)
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Re: Ipotech (hypotech) help?

Quote:
Originally Posted by Helenm150 View Post
Do you want to keep the property Sara or do you want to sell it? If you want to sell it then keep your RP up to date until it has sold. If you want to keep it then yes the only option currently available in your area is to put it in someone else's name with ipotek and contract but those measures do not give you a legal right to reside and in theory the person whose name your property is in could put you out and move their own family in - not to mention the complications regarding Turkish inheritance law.
We own a house and company and are not residents. Should we be worried? Thanks
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Old 17th July 2014, 19:13   #9 (permalink)
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Re: Ipotech (hypotech) help?

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Old 17th July 2014, 19:41   #10 (permalink)
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Re: Ipotech (hypotech) help?

Hi Helen, we can't keep residency as we are leaving Turkey, if we were out of the country for 3 months our residency permits become invalid, can't keep the company because of that, the house is for sale, lots of interest but no-one actually made it to the tapu office yet

We are moving back to the UK permanently so wouldn't be here to renew the residency permits in any case, even if we could, I don't like the idea of putting the property in someone elses name, of course but no other choice now, it's either risk that or risk the government taking it when our permits run out and the company becomes invalid, so many new rules its a minefield and they seem to be adding to them daily!


Spurs, sorry didn't mean to be abrupt, just wanted to thank you for your post but at the same time as I was typing that another problem came up re shipping our goods, it's certainly harder moving to the UK than from it.


Sara
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