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Tapu for apts in Military zone Builder bankrupt

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Old 20-02-2010, 21:22   #1
Konuk

 
Varsayılan Tapu for apts in Military zone Builder bankrupt

Hi
I hope this post is OK I didn't really understand the various labels and buttons, we were referred here by Tiocfaidh, hoping for some friendly advice

I'd really appreciate any help and advice, we will probably need to get another lawyer but hoping for some confirmations and pointers first.

We contracted/paid for two apt in Bodrum area in the military zone in 2006/2007. We were advised to set up a company so that we could go ahead as foreigners which we did. The Apt were near completion and the final money was paid over with no Tapus being transferred, we were told that this was typical and that the Tapus would be issued in due course. In all this we had a local Turkish solicitor recommended by the real estate agent. However the tapus were never transferred and the developer has since gone bankrupt and it turns out that the Tapu for one of our apts has been transfered to someone else! We have an outstanding court action to get the Tapu's issued, our Lawyer advised to start this during the saga as the developer was being so slow and difficult about the tapu's, many missed promises. We now also have heard about the change in the law which means that Foreigners can not now own property in the military zone even via a company.

We have had possession of the apts for over two years, renting them a little on and off mostly summer lets and one long term. We have so many questions:

1. The lawyer we have does not speak much english and was recommneded by the real estate agent and we don't know how good he is? if fully working in our interests although no specific reason, we think that maybe he should have protested us from the tapu situation, held money in escrow until tapu's issued etc. is paying over all monies without geting Tapus issued really a normal process in Turkey?

2. Did the law change in 2008 so that the approach of using a company to buy in MZ for foreigners no longer works?
3 Do we have rights under the laws since we had already contracted and paid for the apts before the law was changed?
4. We've been told that we will have to get the Tapu's (if the court awards them) registered in a Turkish person's name and register a charge against the property for our interest?, also have a POA to allow us to control the properties Is this advisable and the only option?
5. We've ben advised that a court investigator will visit the apt's soon on a specified date (Mid March) and we need to be there to help establish our claim, is this normal?

We are not sure if we need to get another legal advisor?
Old 29-12-2011, 15:45   #2
burcinbarlas

 
Varsayılan dear guest

First of all, I would like to tell you that there is not many lawyer providing escrow services in Turkey however our law firm provides such services. I am aware that you have posted this message more than a few months ago but if you still have questions in mind and need such services please contact me from our office number which you will find from our website http://www.barlaseraslan.av.tr/en/contact-us.asp
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