ENFORCEMENT OF MORTGAGES
A mortgage is a type of real estate pledge determined to guarantee a current or future receivable that is certain or likely to be born in the future.
Principal Mortgage; For receivables whose amount is specified at the time of the establishment of the mortgage,
If the upper limit is a mortgage, then it is established for certain or probable receivables, the amount of which is unclear, but which will be accrued in the future. The type of mortgage varies in terms of cashing and tracking.he is the creator.
If the specified mortgage contract statement contains a certain amount of money debt unconditionally, additional monitoring can be performed.
However, a current account, mortgages made within the framework of a loan opening agreement, and upper limit mortgages are subject to continuous monitoring. It is also possible that if the creditor has the necessary documents for ilamli follow-up, he can apply for ilamli follow-up by cashing the mortgage.
Since there is a certain real estate in the hands of the creditor as the guarantee of the receivable in the follow-up of the type of follow-up in question, that is, by cashing the mortgage, the creditor must first convert this guarantee into money. Since the creditor will collect the receivable from the sale price of the pledged real estate, there is no foreclosure stage in this type of follow-up.
ENFORCEMENT PROCEEDINGS THROUGH THE CASHING OF THE MORTGAGE
Ilamsiz follow-up, which is one of the types of ilamsiz follow-up, begins with a written or oral follow-up request that the creditor will make to the authorized enforcement agency through the cashing of the mortgage. however, the owner of the immovable property shown here as collateral does not have to be the same person as the borrower. Therefore, the follow-up request should be directed to this person if the debtor and the owner of the immovable property are the same person, and to both the debtor and the owner if they are different people. In cases where the dector and the owner are different persons, there is a mandatory follow-up friendship between these two persons.
On the other hand, receivables can be secured with multiple mortgages. The creditor must request that all of them be sold. If the pledged real estate has been secured to someone else, no change in the borrower’s collateral will occur unless there is a contract to the contrary. However, if the new owner does not accept the debt subject to the mortgage, he is only responsible for the real estate, and if the old owner is the borrower, he is personally responsible and the follow-up is directed to both. If the new owner accepts the debt subject to the mortgage, if the creditor informs in writing that he reserves his right against the old owner within a year, the follow-up will again be directed to both the old and the new owner. However, if the creditor does not provide written notice within a one-year period, the debtor is relieved of his debt and the follow-up is directed only to the new owner.
The real estate mortgage creditor shall notify the authorized or executive office of the place where the real estate is located of the amount of the receivable by submitting an official sample of the contractual statement of the mortgage document issued by the land registry office and request a follow-up by cashing the mortgage. Follow-up through general foreclosure is regulated.
The parties to the mortgage agreement or those who subsequently purchase the mortgaged property or their successors must notify the land registry office of a notification address in the country. Otherwise, the request for registration of interested persons will be rejected by the land registry office. Changing the address also has consequences if it is notified to the land registry office. If the new address is not notified, the date the notifications reach the old address is considered the notification date.
If a sample of the official deed issued by the land registry office of the mortgage contract statement has been provided as a guarantee of a contract such as a mortgage current account or a loan agreement, approved examples of this agreement will also be added to the follow-up request. If more than one mortgage is issued for the same receivable, the mortgage agreement statement for all of them is submitted, since the creditor must request the sale of all of them.
If the mortgaged real estate is rented out, the executive director informs the tenants about the situation at the request of the creditor and without waiting for the completion of the follow-up and orders the payment of the functioning rents to the executive office. Despite this notification, if the tenants do not pay the rent to the executive office, the executive office will be able to follow up due to the rent debt not paid against the tenant.
The executive director informs the land registry office that the ilamsiz follow-up on the cashing of the mortgage has begun. Upon this news, the land registry officer gives a comment of arbitrariness to the real estate registry. A payment order is also sent to those who purchase mortgaged real estate before the comment date.
After the follow-up request, the enforcement agency, which has started the sale preparations, brings the registration samples from the title deed and the final zoning status of the real estate from the zoning directorate. He values the relocation without waiting for the completion of the follow-up. This saves time on cashing out the mortgage. In addition, the enforcement agency also takes the necessary measures to manage the mortgaged real estate.
The debtor or a third party may file an appeal within seven days from the notification of the payment order. However, the right of pledge cannot be made the subject of appeal. In such a case, upon notification of the payment order, the debtor may prevent the sale of the real estate by paying the debt at all stages of the follow-up. After the payment is made, the bailiff will have the mortgage registration abandoned from the land registry office. The immovable property owner who has been sent a payment order can also stop the tracking by paying the debt to a third party. In this case, 3. The person becomes the successor of the creditor and has the right to apply. But the cancellation of the mortgage can be requested only through litigation.
