Securing Ownership and Title Deed for Mr. Mohammed Through Legal Action
Client Background:
Our client, referred to as Mr. Mohammed, is a Yemeni national who decided to invest in Turkey’s booming real estate market.
His goal was to purchase a residential unit in Esenyurt, Istanbul, not only as a stable investment but also to qualify for Turkish citizenship through real estate investment.
Like many foreign investors, Mr. Mohammed was unfamiliar with the nuances of Turkish property law and the potential risks involved in dealing with developers.
After finding a promising property in a new development project, Mr. Mohammed made full payment to the developer with the expectation of promptly receiving his title deed (Tapu) and moving forward with his citizenship application.
However, what seemed like a smooth transaction quickly turned into a legal nightmare.
Initial Contact:
Mr. Mohammed contacted Bayraktar Attorneys after months of waiting for the title deed without any response from the developer.
His concerns grew when he heard rumors that the developer was facing financial difficulties and had not completed several units in the project.
Realizing the complexity of his situation, Mr. Mohammed sought our legal expertise to recover his investment and secure legal ownership of the property he had paid for.
Uncovering the Developer's Bankruptcy and Legal Obstacles:
Upon taking on the case, we immediately conducted a thorough investigation into the developer’s situation.
Our findings confirmed that the developer company was indeed in financial distress and had filed for bankruptcy.
Worse still, there were attachments (legal claims or liens) placed on the property by creditors, which prevented the transfer of title deeds to buyers like Mr. Mohammed.
Additionally, the building itself was not fully completed, raising concerns about its legal status and safety.
This revelation explained why the title deed had not been transferred to Mr. Mohammed.
The developer, struggling with insolvency, was unable to fulfill their contractual obligations to the buyers.
With the developer’s bankruptcy status and the presence of attachments on the property, it was clear that Mr. Mohammed would not be able to obtain the title deed through ordinary means. Legal action was now the only way forward.
Site Inspection and Legal Action:
Our first step was to visit the property site in Esenyurt to assess the status of the building.
Upon inspection, we found that several units, including Mr. Mohammed’s, were incomplete, and the construction work had deviated from the original project plans.
The building was partially unfinished, and the project had undergone changes without the approval of buyers.
We also discovered that the independent section number of Mr. Mohammed’s unit, as originally stated in the purchase agreement, no longer corresponded with the current building layout.
This meant that Mr. Mohammed's agreement was tied to a specific section number in the project plan, but that plan had been altered without his consent, further complicating the legal situation.
Given the complexity of the case, we proposed a two-stage legal approach:
1. Filing a Case to Determine the Current Independent Section Number: The first step was to clarify the legal status of the unit Mr. Mohammed had purchased. We filed a lawsuit to determine the new independent section number for his unit, as the original section number had been changed due to modifications in the construction plan. Without this clarification, it would be impossible to proceed with the title deed transfer.
2. Proving Payment and Breach of Contract: Simultaneously, we gathered all payment receipts and contractual documents that Mr. Mohammed had with the developer. This evidence was crucial in proving that Mr. Mohammed had fulfilled his financial obligations, and the failure to transfer the title deed rested solely with the developer. We filed a second lawsuit on the basis of breach of contract, demanding that the court order the title deed to be transferred to Mr. Mohammed.
Navigating Legal Challenges:
The legal process was not without its challenges. The developer, now in bankruptcy, was uncooperative, and the creditors who had placed attachments on the property were also pursuing claims against the developer's assets.
Despite these complications, we persisted in court, arguing that Mr. Mohammed’s investment had to be protected, and the legal ownership of his property must be recognized.
Our team worked diligently to prove that the attachments on the property should not prevent the transfer of Mr. Mohammed’s title deed, as his payment had been made in full and his unit had been purchased before the developer’s financial collapse.
We provided the court with extensive documentation, including the original purchase agreement, payment receipts, and records of our communications with the developer.
Outcome:
After months of legal proceedings, the court ruled in favor of Mr. Mohammed.
The court determined that the original agreement between Mr. Mohammed and the developer had been breached due to the developer's failure to transfer the title deed and the changes made to the construction plan without consent.
The court ordered the title deed to be transferred to Mr. Mohammed and granted him full legal ownership of his unit in Esenyurt.
Despite the presence of attachments on the property, we successfully argued that Mr. Mohammed’s legal rights as a purchaser took precedence, and the attachments did not apply to his unit.
The court’s decision also allowed Mr. Mohammed to take possession of the property and finally receive the keys to his new home.
Securing Citizenship Application:
With the title deed now securely in his name, Mr. Mohammed was able to proceed with his Turkish citizenship application.
Although the process had been far more complicated than initially anticipated, our legal intervention ensured that his investment was protected and his citizenship application could move forward.
Conclusion:
At Bayraktar Attorneys, we pride ourselves on our ability to navigate complex real estate cases, especially when it comes to foreign clients facing legal challenges in Turkey.
Mr. Mohammed’s case is a testament to our commitment to securing justice for our clients, even in the most difficult circumstances.
If you are a foreign investor facing legal difficulties with property acquisition in Turkey, contact us today to see how we can assist you.
