The Saint

Member
Tax Problem,So No Tapu!
I purchased a house in Aug 2005 & because of various problems the Military clearance only arrived in Dec 2008. I was not notified until May 2009.
The Estate Agent is no longer contactable !!

Around March 2009, the original owner of the house ended up in Tax difficulties & the debt has been applied to all his properties. He said at the end of the season he would settle the debt so that we could get our Tapu.
Unfortunately, his word seems worthless. He has returned to Izmit & I cannot contact him.

So I have 2 questions:

1) Can the Tax debt be settled on an individual property so that Tapu can be issued or does the total Tax have to be paid before any can be released?

2) Is it correct that after 1 year the Military clearance is returned to Izmir & I have to re-apply?
 

juco

Member
Tax Problem,So No Tapu!
In my opinion, he has strung you along for 4 years.

Debts incurred against the house belong to the owner of the house and the house can be reclaimed to pay off the debts.

As you are not the current owner, as in, you dont have the tapu then the house could be reclaimed from under you. You paying the debts clears the `house owner` of the debts and does not secure the house for you as the tapu would still have to be transferred to your name.

I think you urgently need to get legal advice from an international lawyer who specialises in Turkish law.
 

yalimart

The Carnwath Massive
Tax Problem,So No Tapu!
my guess is the builder never applied for your military permission when he claimed, I have some friends whose house is about to be auctioned from under their feet although they paid for it.
You need to find out when the charges were put on the house, again i guess and only guess they were already on when you bought, some developers raise capital to carry on building on the deeds that they own, they then pay them off as they go releasing the charges and the tapu to the buyer. But when they cant sell they cant raise the cash to continue it all goes wrong..take heed of earlier advice and get strong legal help now not tommorrow

good luck

martin
 

ChrisBobs

Member
Tax Problem,So No Tapu!
Are you the only buyer involved with this property owner? Was there a lawyer helping you in the purchase? Where are they?

I must agree with Juco - if the owner is now offically bound by the tax authorities, there will be no way to get a single property out, and payments would only help him, not you.

On the military clearance question.:you best ask a tapucu- a person who acts as an agent for people at the Tapu office ( so know the latest procedures)

Good luck

Chris
 
Tax Problem,So No Tapu!
this happened to my friend they still live in the house but cant get the tapu till the turk pays his tax bill.
 

JohnF

Member
Tax Problem,So No Tapu!
I must agree with Juco - if the owner is now offically bound by the tax authorities, there will be no way to get a single property out, and payments would only help him, not you.
Not strictly correct; don't forget, this is Turkey.

My accountant was unfortunate enough to give me a happy bayram call so I asked him what type of charge the tax man would use in this situation. He reckoned that depending on the exact situation between the owner and the tax man it may be possible to release a specific asset if an *acceptable* payment is made.

It would need the agreement of both the tax man AND the owner - plus certain legal safeguards to be in place before any funds change hands.

The advice given by previous posters is correct, get professional advice although it may be that a good accountant could be a better bet than a lawyer. At the end of the day you've got nothing to lose by trying to do a deal with the tax man and a lawyer is maybe not the ideal person for this task.

JF
 

The Saint

Member
Tax Problem,So No Tapu!
My thanks for everyones input.

Just to clarify a couple of points, the 'owner' is a businessman who owns several properties and 2 hotels in Turunc.
The debt has only been on the property since c.March this year.
The problems with the Tapu stemmed from the Estate Agent who repeatedly claimed to have put in the paperwork,but did not until August 2008 & also 2 periods when foreigners were unable to purchase etc.
I understand there are 2 or 3 other couples in Turunc who have the same problem, but are not in the same site.
 

yalimart

The Carnwath Massive
Tax Problem,So No Tapu!
Hi Saint

Have you any idea of the tax debt charge applied to your property, or indeed the total tax debt.

martin
 

cenk

Member
Tax Problem,So No Tapu!
Unbelievable! famous last words "trust me i am a Tu*K"!

And foreigners don't con or rip off their citizens in Turkey, is it ???

I am tired of those kind of posts against Turkish people here. Just had a look to results of poll about the nationality of members. 226 member voted, only 2 Turks ... % 0.88, not even % 1. Why do you think that it is very small ratio although this forum is about Turkey ???
 

Akbuk Rob

Member
Tax Problem,So No Tapu!
And foreigners don't con or rip off their citizens in Turkey, is it ???

I am tired of those kind of posts against Turkish people here. Just had a look to results of poll about the nationality of members. 226 member voted, only 2 Turks ... % 0.88, not even % 1. Why do you think that it is very small ratio although this forum is about Turkey ???
Perhaps because the language of the forum is English!
 

jagman

Member
Tax Problem,So No Tapu!
At least Cenk has taken the time to learn English Mr Akbuk Rob, and has helped more English people with problems with their property and anything else he can. If people had bought their properties through someone like Cenk there wouldn't be many cases like this, he is a true gentleman and does not deserve to be classed under the same umbrella as the racist remark earlier.
 
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Akbuk Rob

Member
Tax Problem,So No Tapu!
At least Cenk has taken the time to learn English Mr Akbuk Rob, and has helped more English people with problems with their property and anything else he can. If people had bought their properties through someone like Cenk there wouldn't be many cases like this, he is a true gentleman and does not deserve to be classed under the same umbrella as the racist remark earlier.

I am glad you edited your post jagman, your original was a little rude I think.

F.Y.I. - Cenk asked the question why do we think less than 1% of the poll were Turkish. I offered a possible (and I think logical) answer. I don't think that is "out of order" as your original post said.
 

cenk

Member
Tax Problem,So No Tapu!
I am glad you edited your post jagman, your original was a little rude I think.

F.Y.I. - Cenk asked the question why do we think less than 1% of the poll were Turkish. I offered a possible (and I think logical) answer. I don't think that is "out of order" as your original post said.

Logical answer ?
 

Akasya

Postless Pointer
Tax Problem,So No Tapu!
Personally i do not blame Turks for so much of the flim flammery, i blame their brothers, uncles, best friends and business associates " who really like British people ". The sad fact is that they ( to all intents and purposes ) appear to be related to or associated with Turks.

Obviously a gross generalisation, however if the fez fits.

Steve.
 

juco

Member
Tax Problem,So No Tapu!
Gidikla da guleyim

Forum rule 8.

8- English is the "official" language of the forums. You're not allowed to base an entire thread on another language but you may post short sentences or remarks on other languages if it serves a purpose.
 

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