Tapu question

[miela]

Can anyone advise whether it is possible for the builder to borrow money against a property if you have the tapu marked Kat Irifaki or to continue to owe money against the property from the building stage?

I thought when I got my tapu that meant I was the sole legal owner and that the builder had to have cleared all debts against the property or I would have been informed at the time of the transfer. A friend now tells me this is not the case and that it is still possible for the builder to have debts against the property.

I don't think my builder does have any debts against the properties but I would like to know exactly what is possible and what isn't.

Can anyone please explain this and put my mind at ease.

Miela

 

[PASH]

Hi Miela

My understanding is that the builder can have debts secured against the property, it does not matter if the title is transferred into your name, the debt is still held against the property. I have just got two tapu's and had my lawyer check this specifically as i did not want the title transferred to me with any claim against the property. I would ask your lawyer to check that you have a clear title. Its not hard and costs very little for peace of mind

 

[Guz1]

There was a thread about this recently. As far as I can remember, there can be debts on the property at the time of transfer of ownership and the debts transfer to the new owner. Once you are the registered owner of the property (Kat Irtifaki doesn't matter) nobody can use it as collatoral for a loan without your permission.

 

[miela]

Unfortunately i don't have a solicitor at the moment, I was using an international company in Bodrum and they seem to have stopped answering any correspondence, since shortly after I got my tapu. But at least they did get me my tapu.

I had a solicitor before that and he made it his policy not to answer any correspondence once he had been paid. I had to sack him and take on the international company and as I can't contact them now, I don't know if they made a check for debts against the property.

At this point in time I think if I found out there were debts against the property, I would just walk away and let the debtors have the apartment. I feel as though owning property in Turkey just involves too much and jumping through too many hoops.

Miela

 

[Mushtaq]

It's a simple check from the TAPU register, you can send someone with copy of TAPU and they can check if any debts are registered.

 

[fran1]

To put your mind at rest you can go to the Belidye with your Tapu and ask if there are any leins against the property. Leins are loans or debts. Hope this helps

 

[miela]

Thank you all, I will do that the next time im there

 

[sweetyali]

I hope everything is ok for you. I fully understand your worries we have not bought yet but the more we look into it the more we are put off, there are so many pitfalls and there doesn't seem to be anywhere you can find out all the rules and regulations and things are changing daily. people moan about estate agents but they are the same the world over from what I hear finding an honest and reliable lawyer seems to be the biggest problem

 

[Akbuk]

you will sell your share to her
she need to sell her share to you

you need to find out do you need Army application
Kuşadası deeds office will check your deeds file
they probably wont require Army application
make sure

 

[evo80]

To put your mind at rest you can go to the Belidye with your Tapu and ask if there are any leins against the property. Leins are loans or debts. Hope this helps

I dont think the belediye will help . She needs to go to the Bodrum deeds office down at the sea front in Bodrum ,or i can put her in touch with a reliable solicitor who checked mine out there . [Cost was about £75 for full report on status of my Tapu ] . No good going there unless fluent in Turkish as i have been in there 3 times and i found no one in their who spoke English ]

 

[gaia Dave]

Can anyone advise whether it is possible for the builder to borrow money against a property if you have the tapu marked Kat Irifaki or to continue to owe money against the property from the building stage?

I thought when I got my tapu that meant I was the sole legal owner and that the builder had to have cleared all debts against the property or I would have been informed at the time of the transfer. A friend now tells me this is not the case and that it is still possible for the builder to have debts against the property.

I don't think my builder does have any debts against the properties but I would like to know exactly what is possible and what isn't.

Can anyone please explain this and put my mind at ease.

Miela

The kat irafakl means you own a percentage of the land, if you have the box ticked on the far left the kat m (sorry forgot the name) that is when you own the property on the land, so I would imagine the builder still has the property in his name as only the irafaki is ticked.

 

[mrfamiliar]

how long have you had the tapu for?i my tapu is also ticked only in kat arifaki and i have had it for 4 years now.surely if any money was owed to it the creditors would have moved in by now or am i just saying this to calm myself down.

 

[evo80]

Its esy to check a tapu to see if there are debts on it you dont know about . Just go in the local deeds office with a Turkish speaking friend & the deeds staff will check the record book for you .I have done this .

 

[KKW]

I hope everything is ok for you. I fully understand your worries we have not bought yet but the more we look into it the more we are put off, there are so many pitfalls and there doesn't seem to be anywhere you can find out all the rules and regulations and things are changing daily. people moan about estate agents but they are the same the world over from what I hear finding an honest and reliable lawyer seems to be the biggest problem

For what it is worth, I have bought two properties in Yalikavak and have set up an international LTD. company and have done back ground checks on folks I wished to deal with and all through my solicitor in Yalikavak. I can honestly recommend her. She has time and time again, listened to my wishes carefully, advised me with current and best option information, helped me get the highest exchange rate for money coming in, and has been solid in all she has done. ( she also speaks English pretty darn well.) if interested, you can pm me for her contact info.
Sincerely, Karen Yali