Problem Getting Tapu

[ocicat]

Hi,
Wonder if you can help at all. We purchased an apartment in a block of 2 properties in Konakli, October 2004. At present we still do not have our Tapu, there have been many problems along the way apparently between the estate agent and builder.
The estate agent is no longer trading and has returned to the UK. The builder has stated he is owed money and will not release the Tapu unless we pay more money (approx £4500) as this has dragged on so long we have agreed. We are due to come to Turkey shortly to sort everything out so have been making some checks through a Turkish friend that everything is in order before we arrive. We know our permission to buy came back and everything was fine, but when he went to check it could not be found, so he checked for the Tapu it now appears that our Tapu has been used as collateral with a bank. Our builder is apparently now living in Belgium, but his brother (another builder) has his power of attorney so is able to sign the Tapu in his place the Tapu is still registered in the Builders name. If our Tapu has been put up as collateral where does that leave us? Your advice will be very much appreciated.
Ocicat

 

[johnfella]

Sorry to hear of your troubles , Be careful as far as I know if in deed you get your Tapu , if there is any money owed against it , this will leave you libel to pay off the debt .
Please get someone to recommend a good Lawyer to help you .

 

[Mushtaq]

If the TAPU is used as collateral then unless that charge is lifted you will not be able to get your TAPU.

In order for the builder to transfer the TAPU the original loan will have to be cleared 1st, you need to find out how much debt is on there and if and when it will be cleared before you agree to hand over any money.

 

[PASH]

Sound advice from Johnfella, a good lawyer is required to make sure there are no oustanding debts levied against the property. Whilst getting the Tapu should be your number one priority, taking on debts is not. A good lawyer should be able to assertain the builders liabilties and get a clear title for you

 

[ocicat]

Thanks for that, As far as we know there are no outstanding debts on the actual apartment, as we have used it every year since and have paid all our council taxes, site fees, water, electric etc. We've even got the place insured through Aviva. And have all our reciepts.

 

[PASH]

That still does not guarantee there are no debts levied against your house - Peace of mind for your investment - get a good lawyer!

 

[Mushtaq]

Thanks for that, As far as we know there are no outstanding debts on the actual apartment, as we have used it every year since and have paid all our council taxes, site fees, water, electric etc. We've even got the place insured through Aviva. And have all our reciepts.

That does not mean it can't have debt against it, legally the property does not belong to you until your name is registered on the TAPU, if there are debts against it then you need to sort it out because you will have to pay them.

As has been suggested get a good solicitor in the area to sort it all out.

 

[jcrian]

As Mushtaq advised check that the builder hasn't used the apartment as collateral for a bank loan which you would be unaware of depite paying all the other bills.

 

[ocicat]

Thanks, If i'm understanding this correctly, as the Tapu is still registered in the builders name, (although we have actually paid for the apartment) it is still under law his, so any debts on it belong to him. If he should then get the Tapu signed over to us any debts on it would then become ours?. So in theory we don't really need to pay any of the bills we currently pay as we don't legally own it and can't be held responsible.

 

[Martyn]

I would use Mushtaqs services to check exactly what the situation is(I think it is 100tl). At the moment you own nothing as it stands and they have the money.

 

[johnfella]

You could be right with that way of looking at this , but it is quite possible he would not have paid the utility bills anyway & you would still have been left with them after you get your Tapu .
But before you get over loaded with snippets of info . Do go down the road of getting a very good lawyer .

 

[Mushtaq]

Thanks, If i'm understanding this correctly, as the Tapu is still registered in the builders name, (although we have actually paid for the apartment) it is still under law his, so any debts on it belong to him. If he should then get the Tapu signed over to us any debts on it would then become ours?. So in theory we don't really need to pay any of the bills we currently pay as we don't legally own it and can't be held responsible.

You need to check how much debt there is, it could be as much as the property is worth!

In theory the debts belong to him because the TAPU is in the builder's name, but you have paid for the property and it could get repossessed by whoever holds the charge on it.

You need someone to check the TAPU register to see exactly what the situation is, we have had situations where people have lot their properties because the debts have been as much as the property and they didn't want to pay twice for the property. Don't mean to scare you but you have to be careful and get professional help in your area, unfortunately we (CrescentHomes) can only help in Altinkum and Akbuk area.

 

[Valian]

Thanks, If i'm understanding this correctly, as the Tapu is still registered in the builders name, (although we have actually paid for the apartment) it is still under law his, so any debts on it belong to him. If he should then get the Tapu signed over to us any debts on it would then become ours?. So in theory we don't really need to pay any of the bills we currently pay as we don't legally own it and can't be held responsible.

As Mushtaq says, if there are debts against the property, until these are paid, the Tapu WILL NOT be signed over to you. Let's just hope it is the £4,500 you were talking about in your first post.

If you do not use the property, then of course you do not need to pay any of the bills. But if you do use it and do not wish to be cut off from the utilities, then I suggest you continue paying. You currently only have use of the apartment which it still legally in the name of the builder.