Enforcement And Bankruptcy LawEXECUTION FOLLOW-UP THROUGH THE CONVERTING OF MORTGAGED TRANSPORT INTO MONEY

Two different ways are envisaged in our law for the creditor who cannot collect his receivables through Executive Follow-up through the Redemption of the Mortgage. These are the ways of follow-up and non-amous follow-up.

  • Divine Execution Follow-up (Executive Order) by Means of Redemption of The Mortgage: This specific follow-up path is followed in the follow-up of the announced execution through the redemption of the mortgage.

Follow-up Request

The immovable mortgage creditor submits an official sample of the contract table of the mortgage document to the authorized enforcement office or the enforcement office where the property is located and informs you of the amount of the receivable. The creditor may make the follow-up request to the executive office in writing or verbally.

Executive order

In the enforcement office where the follow-up was opened, the bailiff shall send an executive order to the debtor and the property if the property has been redefined by the third party or if the ownership of the property has passed to the third party, finding that the submitted contract table contains an unconditional deposit of a monetary debt and that the receivable is contingent.

In this executive order, it is reported that the creditor may request the sale of the property if the debt subject to follow-up debt is paid within thirty days, the debt is not paid during this period and a decision is not made from the executive court to withdraw the execution.

  • Unanimated Execution Follow-up by Redemption of The Mortgage (Payment Order):

The creditor does not need to have any court declarations in the pursuit of unanced executions by converting the mortgage into money. The creditor may apply directly to the competent enforcement office without taking any further action and request that the payment order be issued for the borrower who does not pay his debt.

Payment order

For receivables that are muaccel, the bailiff shall issue a payment order to the borrower and other immovable owner third parties, if any, in accordance with the following records.

1-The payment period is thirty days.

2-If the debt is not paid within the written period and not object in seven days, the creditor may request the sale of the property and the debtor is notified.

Appeal and appeal period for the payment order

The borrower or third parties can appeal within seven days of the notification of the payment order. However, they cannot take the right to appeal hostage.

Sales Process by Cashing In Mortgage

In our law, it has not made separate arrangements for the execution follow-up of the mortgaged goods at the stage of sale and has made the same conditions valid.

150/C Endorsement

Article 150 of our Bankruptcy Act. It is a supply deed for sale. It is the provision given to inform you that the sale of the relevant real estate has started. Those who have purchased the property with the registration of sherhin are subject to section 1023 of the Civil Code. There will be no claim of goodwill based on the article.

According to Article 150/c of the Bankruptcy Code;

Notifying the land registry: The executive officer is obliged to inform the land registry that the follow-up on the redemption of the mortgage has begun. The land registry officer destifys the arbitrariness of the property’s record. Those who acquire the property after this date of sale will not be notified of the execution or payment order.

As the article indicates, the 150/c evil is a evil that can only be processed in follow-up by rede redecitation of the mortgage.

Appreciation of Assets

The mortgaged property subject to execution follow-up must be appreciated by experts and competent experts in the field to be appointed by the executive directorate. Asset appreciation is the report prepared by experts for the determination of the value of the property prepared mainly for sale.

The appreciation of the asset is communicated to the interested parties in the takyidat information of the immovable property. Those concerned with whom the asset appreciation report has been notified can file a complaint in the executive court at the location of the enforcement agency that issued the report within seven days of the notification of the report. If the necessary expenses and fees are deposited to the court teller within seven days from the date of complaint, an expert examination can be carried out again; otherwise, the complaint is dismissed unequivocally without the need for further action.

No re-appreciation of the asset can be requested unless it is two years after the date of the finalized appreciation of the asset. However, in similar situations that result in natural disasters and very significant changes in zoning status, appreciation of the assets may be requested again.

Sales Requisition

The creditor may request the sale of the property within one year from the notification of the payment or executive order. If the sale is not requested during this period or the request is withdrawn and renewed within this period, the follow-up will be reduced.

Sales Announcement

Upon the creditor’s request for sale, the property is sold by the executive directorate within 3 months. Although the sales period is regulated in this way in the law, in practice this period exceeds 3 months.

The date of sale is determined by the executive directorate and the sales announcement is prepared. The prepared sales announcement is communicated to all borrowers and all interested parties in the immovable title deed register. However, negotiations are sent for the sale announcement to be announced to the Press Association in the national or local newspaper deemed appropriate by the executive directorate of the immovable auction announcement. A sales advertisement must be published in a newspaper with a circulation of over 50,000 thousand.

If the sales announcement is notified to all interested parties and borrowers and there are no problems with the newspaper advertisement, the auction process is started at the sales place announced at the first auction day sales time.

First Auction

Taking into account the offers received by e-mail, the sale is started by making three calls to the wire over the highest offer received.

In order for the sale to be made in the tender, the property must cover 50% of its value determined by appreciation of the asset + sales expenses + sharing expenses.

If the mortgage creditor for the mortgage on the property does not agree to sell below the amount of the mortgage, the mortgage amount must be sold as more than 50% of the value of the immovable property (mortgage amount + sales sharing expense = sales amount).

The person who proposes the most amount for the property wins the tender if the conditions are available. The auction report is written and signed by the executive director, tellal and the tender buyer.

In the first tender, if the buyer does not show up or the amount written in this article is not reached, the sale is returned by the bailiff.

Second Auction

The second auction begins by taking into account the offers that come by e-mail. The conditions in the first increment also apply to the second increment.

In the second tender, if the buyer does not show up or the conditions written in this article do not occur, the demand for sale decreases.

Sales Price Payment Method

The sale price is paid in advance. However, the bailiff can give the buyer a deadline not exceeding ten days. During this period, no registration process can be made by the land registry office without the permission of the executive office.

Registration

After the payment of the tender price by the buyer, a registration request is made from the land registry directorate with the museum to be written by the executive directorate and the real estate is registered on behalf of the buyer.

Sharing of The Sales Price and the Sequence Ruler

The executive director makes the stage of sharing the money that enters the teller with the sale of the real estate on its own. No demands are required.

The mortgaged receivable is paid with the sale price. However, if the sale price is higher than the mortgage price and is not enough to fully pay the receivables of the other foreclosure creditors in the land registry of the real estate, the executive office makes a sequence of creditors. For the sequence ruler, the mortgaged receivable is based on the foreclosure date processed in the real estate register for other foreclosure receivables to be paid first. A copy of the sequence table is notified to the relevant people by the executive office. In case of no complaints or objections within 7 days from the notification of the sequence ruler, the payment of the money is made according to the sequence ruler.