In short
Realising a mortgage is the special enforcement route that turns security over immovable property registered on the title into money through a sale. Enforcement by general attachment is not a short copy of this route. A mortgage annotation does not open a sale notice so that it will pass to the auction of its own accord.
This article separates the contract, the title record, and the mortgage procedure of the sale. A pledge of movables is followed from the article on realising a pledge. Which day the sale will be held is not in this text. A result is not stated without the contract and the title record.
Why it is a separate route
A mortgage gives the creditor a statutory priority over a particular immovable. The Act provides a special route so that this priority is not spent by entering the same general-attachment queue as ordinary creditors. Enforcement opened on the wrong route can make the pledge right disputable. The route is written clearly in the request for enforcement.
The text of the contract, the rank, the maximum amount, and the interest record are read together with the record of the title office. The sentence “there is a mortgage on the title” does not show which claim is secured up to which sum. An attachment annotation and a mortgage annotation are not the same line. A register extract does not take the place of the contract. If the two conflict, the conflict is written. A contract annex does not raise the rank by itself.
The payment order and the objection
In realising a mortgage, the paper that goes to the debtor may not be the same formula as the payment order on the general-attachment route. The stopping effect of an objection changes according to the special route. The debtor can also raise, on this route, a claim that the contract is invalid or that the debt has ended. The claim does not erase the title record of its own accord.
An action or a complaint does not stop the sale calendar automatically in every file. The third-person owner and the principal debtor can be different persons. The owner, a surety, or a later-rank mortgage creditor does not fit in the same petition. The petition should show, from the title record, who is the debtor and who is the owner. Service can go separately to the owner and to the debtor. One is not treated as having received the other’s service of its own accord.
The sale and the order
Valuation and electronic sale come onto the record on the mortgage route as well. The procedure is particular to the sale of immovable property. An attachment of household goods is not copied. The frame of an electronic sale is followed from the article on electronic sale. Requesting the sale is followed from the article on a request for sale. The notice, service, and setting aside after the auction are in their own articles.
The sale price is distributed by looking first at expenses, then at the mortgage ranks, and at the privileges the Act recognises. An ordinary attaching creditor cannot share the mortgage price automatically on the words “I am in the queue too.” Distribution is followed from the article on the order of priority. Release of the mortgage, the debt ending, and cancellation on the title are a separate step. After the sale, erasure of the annotation is looked at in the writing of the enforcement office and in the title record. The annotation is not treated as having fallen while there is no release writing.
How the title is read
This article compares the rank on the title record with the maximum amount in the contract. This article separates the mortgage annotation from the attachment annotation. This article reads from the register whether the debtor and the owner are the same person. The three lines are not melted in one sentence. An incomplete register extract does not lock the choice of route.
An Ankara lawyer who reads the title asks first for the rank line and the maximum-amount line. The office in Çankaya does not change the competent enforcement office the immovable is tied to. The sale and the service run with the title district of the immovable and the office the file is tied to. The office address does not choose the title directorate. If the parcel is in another province, the file looks to that district.
A bank mortgage
A bank mortgage and a mortgage between persons are on the same statutory route. The contract clauses and the notice of default can differ. A general credit agreement does not take the place of the title mortgage. The formal notice, the default, and the dates of the request for enforcement stand together. If the dates are not in the file, the absence is written. An invented date does not build default.
Refinancing, or a partial release, should be written separately in a file where enforcement has been opened. An oral promise that the bank will wait does not stop the sale notice. A partial release does not drop the remaining rank of its own accord. The remaining sum is read from the contract and the title record. While there is no document, the balance is not treated as zeroed. The decision shows the scope of the release separately.
Conclusion
Realising a mortgage is the route particular to the security on the title. It is not told by being turned into ordinary attachment proceedings. The contract, the rank, and the title record determine the choice of route. The general frame is on the enforcement and bankruptcy law page. The official basis is the text of the Enforcement and Bankruptcy Code No. 2004. The result of the sale is not stated without the contract and the title record.