The Dreaded Tapu
Hi, My wife Margaret and I bought our flat in Altinkum some 4 years ago. We are delighted with the flat and its location. We have sea views, which cannot be built across,and we are virtually on the front at the western end of the beach. Our worry is that we are still waiting to receive our tapu from the builders we bought from ;Turgutlar Insaat Madencillik San. Ve Tic. Ltd. Sti
This company is owned and run by Mustafa, Ismail and Kemal Turgut. All the appartments in our block have now been sold but we still have not received our tapu from these cowboys. All our attempts to resolve this problem have been met with the usual Turkish soft soap treatment and unkept promises of action next day. We are becoming increasingly anxious concernining the legilation threatening fines for unlodged tapus we have been reading about. Especially as we will be unable to use our flat this year because of my state of health. We would love to hear from anyone who has had problems dealing with these three brothers, who appear to be in a substantial way of business, and if those problems were resolved, how it was done .
Any advice would be gratefully received.
 

Mushtaq

Founding Member
The Dreaded Tapu
You need to get hold of a decent lawyer in the area and check your legal position, i.e. contracts, history of payments etc.

Then probably put some pressure on them to sort out the paperwork, sounds like they have not paid their taxes and other fees and are unable to split to convert the TAPU for the development from land to building. I might be wrong but that is why you need proper legal advice or contact CrescentHomes office in Altinkum (link top right) and see if they can find out more about the development.
 

Mushtaq

Founding Member
The Dreaded Tapu
Can a charge/ipotek be put onto the property to at least protect the money already spent? Definately sounds like a good lawyer is needed. Good luck.

You can only put a charge on the property with the legal owner's consent, at the moment the legal owner is probably the builder and or the land owner, who might already have debts on the property.
 

jearden

Member
The Dreaded Tapu
After 4 years I would be concerned too, but hopefully they are just incompetent. My first stop would be the title deeds office to make sure there are no loans taken out against the property. I think Mushtaq offers a service that could check this out for you.
 

adamd

Member
The Dreaded Tapu
After 4 years I would be concerned too, but hopefully they are just incompetent. My first stop would be the title deeds office to make sure there are no loans taken out against the property. I think Mushtaq offers a service that could check this out for you.

Can you add a link to the page for the page for Mushtaqs service please because I cant find it.
 

civciv

Member
The Dreaded Tapu
Some people we know cant get the Tapu either from Ismail Turgut, one of the brothers from the same company and they bought in 2004 close to Tuntas apartments. Their lawyer, Nadir Turk, hasnt been able to make progress because the builder doesnt answer his calls. The reason the tapu cant be issued, cited by the builder, was due to not having insurance when the building was constructed so I guess the habitation certificate cant be issued. Im sure I have seen another thread about the same builders last year...

Nadir Turk said that the brothers have lots of land so maybe a court case may be necessary if they have assets. Did you buy at Sea Garden near 3rd Beach as I know there was an issue there too with Deeds, and they ended up renting some of the apartments out to H4u tour operator 2 summers ago?
 
The Dreaded Tapu
Thankyou all for your responses. We have already tried most of the suggestions made in them and so far have got nowhere. Does anyone know how Turkish lawyers charge their fees? The one we talked to wanted 10% of the purchase price of the property to act, which we thought was a bit steep.
 
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Sarahlou

Member
The Dreaded Tapu
Hi Chris we have been waiting over 3 years for our Tapu and also have other serious problems in relation to property. We have consulted an English speaking solicitor who is acting on our behalf. The cost is £1500 plus outlay ( search fees, notary, etc) If you want to pm me I will let you have his contact details.

Tavey
 
The Dreaded Tapu
be very careful i heard from a solicitor that if you don't receive your tapu in 4 or 5 years you could loose it altogether in turkish law but check it out. also DO NOT get a solicitor from Altinkum or didim as they are not always as independant as they might seem as its a small town and close community, having been there with what i though was a good honest solicitor.good luck
 

robbroy

New Member
The Dreaded Tapu
Chris we are having problems getting money back from these guys, who are now saying pay some more and you can have another apartment, and the last thing we want to do is pay out more money. We now have no apartment no money and as you say the soft soap just keeps coming We are now 3 years on
 

aliswife

New Member
The Dreaded Tapu
Hi,, has anyone had any luck in receiving either their money back or their tapu from these cowboys, Ismail Turgutlar in particular.

I have been fighting through turkish courts using a Turkish solicitor etc but still got nowhere, he has every excuse under the sun, now saying that english people owe him £50 000 and until such time as he recieves this i wont be getting my money.
 

Tommie

Sun Worshipper
The Dreaded Tapu
You can only put a charge on the property with the legal owner's consent, at the moment the legal owner is probably the builder and or the land owner, who might already have debts on the property.

So if I have my Tapu and I have some debts (not that I do), then no-one can put a charge on my property without my permission?
 

cpc1

Member
The Dreaded Tapu
This is so sad to hear time and time again.

I would listen to the advice given, get a solicitor who is not connected to the area (probably Aunt of 2nd cousin twice removed) to advise you. Get the impression your builders overextended, run out of money and can't complete. As most greedy builders did over the last 5 years.

I have a name of an excellent lawyer (Fethiye area). Don't know if she would take the case, she certainly nailed my builder (but she didn't like him anyway!) but perhaps she could advise or recommend someone in your area.

Good luck
 

Mushtaq

Founding Member
The Dreaded Tapu
So if I have my Tapu and I have some debts (not that I do), then no-one can put a charge on my property without my permission?

If you have the Tapu in your name, no one can put a charge on your property without your permission.

Hi,, has anyone had any luck in receiving either their money back or their tapu from these cowboys, Ismail Turgutlar in particular.

I have been fighting through turkish courts using a Turkish solicitor etc but still got nowhere, he has every excuse under the sun, now saying that english people owe him £50 000 and until such time as he recieves this i wont be getting my money.

I managed to get my money out of his brother, but it took a while and cost were fairly high, luckily they were covered by the interest calculated on the debt which he also had to pay.

You do need a decent lawyer, but lot of time they can only get money out of them if there are some assets that can be frozen or sold off, my lawyer froze everything including the bank accounts and threatened to sell off his property to pay the debt, he soon found the money which he claimed be didn't have.
 
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The Dreaded Tapu
Aliswife, i spoke to Chris about this last year privately. I got my tapu from Ismail in October last year. In September last year i went and saw my 3rd solicitor. I only wished i'd seen him 1st. In one day he found out what 2 solicitors never found out, + the evening after seeing the solicitor Ismail knocked my door! Was i shocked or what and truly wanted to smack him one! but sense prevailed and 3 weeks later i finely recieved my tapu. I hope you get yours soon. I wish you luck, truly.
 

OLIVER

Member
The Dreaded Tapu
I thınk ıt ıs true about the solıcıtors here, neıghbours have a frıend who was struggling to get a Tapu & as they have a friend who is a judge in Istanbul they asked her for advice. Apart from being disgusted by what was going on here (apparently folks ın Istanbul cant believe the farces that play out here re Tapus etc) she recommended a solıcıtor and all ıs resolved. Seems you defınately need an out of town solicitor for sure.
 

Mushtaq

Founding Member
The Dreaded Tapu
Problem is that lot of solicitors are working with the developers, they know each other for years, the developers bring clients to solicitors to over charge to do crappy sales contracts which in most cases are unenforceable, so the solicitors have a conflict of interests, if they take action against a developer they will not get business from that one and any of his mates.

Not all solicitor are like that, but lot of them are in the area, this might be the case in any small resort area where everyone knows each other, so it does make sense to find a solicitor from another area, but you still need to make sure it's a good one who is going to do the job and not just fleece you.
 

tinkycarol

5 a day inspiration!
The Dreaded Tapu
If you have the Tapu in your name, no one can put a charge on your property without your permission...

Does it matter if you only have the Kat Irtifaki box ticked on the tapu? I got that 6mths after my property completed but I think I am going to have a job to get the Habitation certificate (& change the tapu to the Kat Mulkiyeti box) so I am wondering if an Ipotek (?sp) (putting a charge on the property) would be relevant in my case. Thanks Carol
 

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