In short
The question of whether immovable property under attachment can be sold is whether the owner's transfer of itself erases the attachment annotation on the title. The sale can be made. The annotation stands until a lifting writing arrives. The buyer takes it together with the annotation. The debt does not end until the price enters the file and closes the current balance. There is no sale day in this text.
A private sale does not lift the annotation so that it passes of itself into an enforcement auction. A homestead complaint, and setting aside the auction, are not the name of this transfer. It is not said that the annotation has come off before the title declaration is seen.
The annotation does not come off with the transfer
The attachment is in the declarations section of the title. Even if the owner makes a sale contract with the buyer and completes the transfer, the annotation stands until a lifting writing arrives. The buyer cannot erase the annotation by saying I am not the debtor. What the annotation locks sits under attachment of immovable property. This text recounts why the sale the owner makes of his own will does not open that lock. If the price passes by hand from the buyer to the debtor, the enforcement file does not see this money. A price that is not seen does not close the attachment and the balance.
Depositing the price in the file, and the lifting writing going to the title registry, are separate acts. The routes of lifting sit under lifting an attachment. The document must show that the lifting writing was entered on the title. If there is no document, the annotation is not treated as having come off. In an attachment of a share, the share that is sold is the share written in the annotation. Transferring the whole of the immovable property is not treated as having charged the other shares that were not attached. Which share is in the annotation is read from the title record. If there is no registry record, a share is not invented.
The auction may still come
The creditor may request the sale within the statutory period from the attachment. Even if the owner has transferred the immovable property, an enforcement sale may come onto the agenda if the annotation stands. The period for requesting the sale sits under a sale request after attachment. A number of days is not added to this text. If the auction is irregular, setting it aside is not annulment of the transfer contract. Setting aside sits under setting aside the auction.
The buyer may see the annotation and the sale notice from the registry before the auction date. Not seeing them does not leave the annotation without effect. The buyer's paying the price into the file by way of allocation depends on the parties' contract and on the office's record. Saying in the contract that the attachment belongs to the buyer does not release the debtor as against the creditor. If the creditor is not a party to that sentence, the balance stays with the debtor. Service separates whether the sale notice went to the persons concerned from the annotation. If there is no annotation, the notice is not treated as served. The decision should write whether the annotation was lifted. While there is no decision, the transfer is not treated as having ended the debt.
The homestead and the spouse's consent
A claim that the home is appropriate to the debtor's condition discusses limiting the attachment by complaint. Selling the house to a third person does not mean the homestead complaint was accepted. The place of the complaint sits under the homestead. A family-home annotation may cut a transfer that would be made without the other spouse's consent. This consent is not a document that brings down the creditor's attachment annotation. The two annotations may stand side by side on the title. The separation sits under a family-home annotation.
The petition must separate which annotation is sought to be brought down. If the attachment annotation and the family-home annotation are melted in the same request, the authority is mixed. The minutes may write a promise-of-sale discussion. The minutes do not erase the title annotation. An invoice may show the title fee. An invoice does not mean the attachment has come off. The application must show the block and the parcel with the title record.
The share and the mortgage
If there is a mortgage, the attachment annotation does not erase the mortgage. The secured creditor's priority may come before the price of an ordinary sale. Priority is not stated before the mortgage document and the order record are seen. Priority is not treated as distributed before the sale price enters the file. If a share was sold, the buyer takes over the annotation only with that share. The other shareholders do not become debtors if their own shares are not in the annotation. Even if the contract writes that it sold the whole immovable property, the annotation stands on the share where it was written. If the share record and the contract conflict, the title is taken as the basis.
Where the annotation is read from
The title declaration and the cover statement stand side by side, and this article does not add a sale day. An Ankara lawyer reads from the registry that the office being in Çankaya does not change the competent authority. This article does not treat the transfer as an act that erases the annotation. This article does not put a private sale in the place of an enforcement auction.
Conclusion
The question of whether immovable property under attachment can be sold closes with the answer that the transfer is possible and that the annotation is not erased before the lifting arrives. The buyer takes it together with the record. The debt stands until the price enters the file. The sale day is not written. The frame sits on the enforcement and bankruptcy page. The basis is the Enforcement and Bankruptcy Law.