The tapu Ransom

[bobthenob]

l don't know if it is me that has noticed this greedy and selfish behaviour from the builders in exploiting the buyers over the few years,by charging unregulated prices as much as 50,000pds in some cases to release the tapu.

l reckon over the many years the builders have been using these tapu's as collateral to take out the loans from the banks to have the money to further their projects,and now found out the property industry has slowed right down,where they cannot afford to pay back the loans,and are now holding the buyers to ransom,until they cough up the money their asking for.

A day does not go by anymore without another horror story of a builder and their emlak putting pressure on the buyer to cough up the money or else."so",in other words,these really are threats that should be investigated without any delay.

The tapu should take no longer then 6 months at the latest at the correct price to be payed,and that is only the tax of what is stated on the tapu at three per cent.lf the charge is stated differently from the builder and you are just getting nothing but excuses to keep you quiet,then it is to be investigated quickly.
Some have been waiting for 4 years now and still haven't received their tapu's.
Many reasons why they haven't received.
1/The builder hasn't payed off the loans from the bank,where the banks are holding the tapu's as security.
2/Once they have the final payments with the promise of tapu will be issued once they do receive that final payment,is open to a corrupt practices,because of no proper regulative boards in place.Even though you have payed that final payment,it is not yours until you have that tapu in your name with photo.This is open to selling the tapu as many times as they like during the absence of the tapu.
3/They now have you in a position to exploit a lot more money out of you,by holding you to ransom.They will pick a high price from the air and pressure you into handing the money over or you don't get the tapu.
4/Excuse galore comes out time and time again to delay the tapu.l heard from one guy,the tapu will not be issued until the whole complex is completed,that has been going on now for 4 years and no signs of activity in the building complex.Does this mean the people on that complex will never receive their tapu,because they have no intentions of completing this complex.etc etc

The whole system has become so complicated and confusing,due to the criminal mind getting away with their way of doing business in a corrupt way towards the buyers.There are no regulative boards in place to fight this evil and should be put in place straight away.And punish the one's that uses criminal behaviour towards the one's that are pouring money into the Turkish economy.

 

[PASH]

Sadly i agree with most of the above Bob and i say sadly because if it was not so serious, it would be funny. The biggest problem i see, is that to revert to legal and court proceedings is so expensive and time consuming (up to 2 years) that very few people go down this route. I think the builders know this, hence do not care. They know that if they blackmail you for say £5000 extra at the end, nine times out of ten, you will pay as you are desperate to get your Tapu - nothing more than fraud, blackmail and extorting money through threats. Time the government woke up and addressed the issue

 

[bobthenob]

l forgot what the legal term is for blackmail,but it is classed as serious in many civilized countries.Surely if we used blackmail on the property industry,l think we will know about it.This is why l have my suspicions of the authorities are allowing this to happen for sinister reasons.

l have the feelings of it being one sided.Many times when a court case comes to trail,if a builder or emlak doesn't want to show up,they won't and will abandon the case for another time,adding the cost to the victim and not the criminal.No wonder there is a spate of crime happening in the industry against the buyers.

Wouldn't it be nice in knowing that the victim will be assured that crime will pay for it's destructive actions

 

[juco]

I agree with you on the Tapu ransom, but they also use other things as well.

The pool, if you have any grievance then they don`t fill the pool or the pump disappears or mysteriously breaks down.

Maintenance, they hold the contract and raise it every year, a difficult one to get out of.

It seems that when you buy an apartment they look for ways to maintain an income for themselves at our expense.

 

[ocicat]

I am in the "enviable" position of having purchased through a British estate agent based in Turkey in Oct 2004. (They now no longer exist).
We were left high and dry after continually being fobbed off with different reasons why we couldn't have our Tapu. Though the minute we left the country each year it was suddenly ready to collect the next time we came out, until that is we went back the following year and it had disappeared again.
Now I've found out it's being held at a bank as collateral for a debt and is still in the builders name, and we don't even have a permission to buy as that's gone missing.
So we are going to be spending our whole 2 weeks holiday this year trying to see what we can do, and if we have any hope of ever getting our Tapu. Or find out one year when we go out and try to gain access to our apartment that it has been sold to someone else under our noses. As apparently until we actually have our Tapu we legally own nothing.

 

[PASH]

A Case for a good lawyer i think Ocicat, you need to get your property protected or take out a lien on any assets the builder may have to secure your investment. Sounds as if the bank holds finance against your property and until this is cleared, you will never get your Tapu.

 

[bobthenob]

"OK",this is my view..And please if l am wrong,l want someone to correct me.

lf a person is in a situation where they have payed the full amount and went through all the proper legal channels,but still is without the tapu.Then there is something wrong and needs investigating.
1/You can go straight to the prosecuter in court and explain what the problem is.This will save further worries from a so called lawyer that will likely not do the job you have payed and leave you further in depts.Be careful of the bogus lawyer after your money only and not solving the case on your behalf
2/Do go to a lawyer that is only recommended by people that have experienced their way of dealing with cases that have been successful.Ask for several opinions.
3/Hire a translater and go to the Jardama.l heard they can get 5 years for this if they are still selling the properties,without any possibility of issuing the tapu to the buyer.
4/Go to the media and any organization in your area that will aid you in your plight.
5/Please remember,never take anymore of their excuses.lf it is their policy to issue the tapu once the final payment has been handed over with witnesses and proof.Then they should honour their side of the bargain and rightfully hand it over.lf they do not and make the excuses to deliberately delay for their own favour,then become suspicious and rumble them.

 

[ocicat]

I know I've been PM'n Celtic for his advice definetly having my £10's worth. Also have an official translator doing some work for us before we go out in 2 weeks finding solicitors etc,. Do you happen to know where I can check thier bar nos before going so I can check credentials, there are 17 of us in the 2 apartment blocks that haven't recieved tapus for various reasons (ours being the only one held by the bank, s*d's law). And the solicitor they've got at the moment apparently has come to a stop on any more work as she found out the builders have hired her best friend, and it's now become a "conflict of interest". What's that about??? I still reckon it's a job she's being paid for, but there you go. So I would like to know that the next one I deal with isn't going to end up being Aunty Joan's best friends mother's cousin. Or at the very least they are actually allowed to practice law.

 

[moortenerife]

surely if you have hired a solicitor to sort this problem out, that is what they should be doing. wether its her best friend or not she has an obligation to you to do everything she can to get you through this. i am sure all solicitors come across each other on a daily basis be it in court or through mail/telephone, so in effect they could all say they are friends, where would we all be then. if she is a professional person she should be able to put friendship to one side and do the job you are paying her to do, if not, then i would ask for any money back you might have paid and look for someone who is professional enough to do the job properly. i wish you all the best and hope that you get this sorted out as soon as possible and that you have many great holidays in your holiday home.

 

[Martyn]

surely if you have hired a solicitor to sort this problem out, that is what they should be doing. wether its her best friend or not she has an obligation to you to do everything she can to get you through this. i am sure all solicitors come across each other on a daily basis be it in court or through mail/telephone, so in effect they could all say they are friends, where would we all be then. if she is a professional person she should be able to put friendship to one side and do the job you are paying her to do, if not, then i would ask for any money back you might have paid and look for someone who is professional enough to do the job properly. i wish you all the best and hope that you get this sorted out as soon as possible and that you have many great holidays in your holiday home.

Try to disassociate yourself from the way things work in the uk. I think people know how they should work but a lot of people on here are talking from experience.

 

[PASH]

I agree, its like comparing Turkish cheddar Cheese with British - two completely different things entirely!

 

[Guz1]

Shame on the Turkish legal profession and on the Turkish Government for allowing this carry on.

The builders can't be trusted, the emlaks can't be trusted and the lawyers can't be trusted. Can anyone in Turkey be trusted where there's a quick buck to be made? And spare me the usual comments about the vast majority of Turks being honest. They know better than us what has been happening and continues to happen yet nothing has been done to protect or compensate people like Ocicat.

 

[akbukowl]

I am afraid anyone who's tapu is being held by the bank until debts are paid is in a very very serious situation and in danger of losing everything.best of luck

 

[bobthenob]

l fully agree.And also they will tell you something completely different to stop you from thinking that the tapu's are being held from the banks.
For God sake,,,please find out as soon as possible.Do not take their word.Go by your instincts

 

[Martyn]

Can we get a grip on this and other threads please? Certain emlaks, builders, solicitor etc are causing the problems, not all of them so when someone makes a statement please make it in the form whereby you either name someone or company and be prepared to back it up. If it something has happened to you the whole of the Altinkum emlaks haven't caused you harm or all of Akbuks builders are turning you over. I was turned over by a furniture shop four years ago but I don't slate every furniture shop in Turkey. I know people are frustrated but there are also people trying to earn a living. Block generalising isn't good for anyone.

 

[Guz1]

Normally, Martyn, I'd agree with you but not any more. Being diddled out of one or two grand for a suite of furniture isn't in the same league as losing your life savings. Maybe it's time for the honest emlaks, builders and lawyers to start using their influence to bring better protection for foreign buyers rather than using the usual "Should have come to Specsavers" platitudes.

 

[Martyn]

I can understand peoples frustrations and the implications Maria but there won't be anyone left in business at this rate. I think the advice given on here is excellent given in the right way. I would do things so differently if i was buying again and it is all down to the forum and members. My emlak was honest(he's retired now) but it would not be fair on him or others to tar them with the same brush.

We have to maintain the forum the best we can and if it means we start deleting posts or even whole threads we will. Sorry to be a bit blunt.

 

[PASH]

Here here Maria, sadly if i look at all my friends who have bought in Yalikavak, in percentage terms, it is incredibly high the people that have either been ripped off by a developer or an Emlak, many to the tune of many thousands of pounds. Highlighting it on here can only help bring about a change in attitude and law (and pigs might fly!)

 

[bobthenob]

Marytn,l think l have mentioned this before,that l have never looked at all the builders,agents,and lawyers are the same.l have praised the few emlaks and builders with a mannerism they deserve.
But l deeply condemme the property companies that have deliberately set up only to swindle the clients out of their money without ever handing over the goods they have payed for in the first place.

These are the companies that must be dealt with to save the reputation of the decent property companies.lt is natural human intinct to view the area as very suspicious to protect oneself from harm.
The decent companies and respectable lawyers must fight this crime together, that will take over the area like a cancer if nothing is done.
Corruption is the biggest enemy in any local economy,because of the wagging tongue will either go in your favour or go against.lt is the local economies choice.Either they unite to fight this,or let it flourish without any restrictions and face what the future holds for the area.

 

[jcrian]

Bob, I hope you can back up these sweeping statements with facts?