Enforcement & bankruptcy · Legal information

What Is a Complaint Against a Valuation?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The question of what a complaint against a valuation is, is an objection, before the sale, to the determination of the value of the attached asset. Setting aside after the auction has ended is not the subject of this record. No complaint day is in this note. The period is read from service of the valuation. While the service document is missing, a day is not written.

A valuation complaint does not take the notice down so that it will pass to the auction on its own. A stop is asked for separately. A stop that is not asked for does not itself shift the sale calendar. Which asset the report covers is read from the minute.

Why the valuation is the ground of the sale

The sale notice and the security are built on the valuation. A low valuation lets the claim that the asset went cheaply be spoken of. A high valuation can open a debate about not finding a buyer and about a later auction. The report is not a copy of a market notice. An expert's or an officer's determination is read. If the method of determination is not in the report, a method is not invented. Service is made on the debtor and the interested creditors. If there is no service, the picture of the period slips. Learning is looked at on the paper or electronic service record. If there is no record, the day of learning is not completed. A day that is not completed is not written as the complaint day.

On immovable property the valuation is debated with comparables and the title character. The title character is read from the register. If there is no register record, a character is not invented. If a comparable stands on the document, that document is read. While the document is missing, a market sentence is not built.

What the complaint asks

The request is correction of the valuation, or a fresh valuation. Cancellation of the sale is an intention to set it aside. Melting the two in one petition uses the period at the wrong door. The reason should be a concrete comparable, a defect, or the report's method. The sentence "I think it is low" does not open an expert examination in every file. A photograph and the title record carry the reason. If there is no photograph, the defect sentence stays without a document. The authority is the enforcement court. A writing to the directorate saying "correct the valuation" does not stop the complaint period in every file. The decision should write which asset's valuation changed. While there is no decision, a new price is not announced. No percentage and no rate are in this note.

The general complaint procedure sits under an enforcement complaint, and the door after the sale under setting the auction aside. The two headings are not put in place of the valuation report.

The relationship with the sale calendar

That a complaint has been opened does not take the notice down in every file. A stop is looked at through an interim measure or an express provision of the statute. If the notice has been published, the offer period can continue to run. A fresh valuation can give rise to a new notice. If the old notice conflicts with the new valuation, the sale day can slip. The slip is not assumed before the decision is entered at the office. An electronic notice sits under an electronic sale. Stopping the sale in advance sits under sale of property. The order of priority is on the price that was realised, and it sits under the order of priority. The valuation is the ground of that price. It is not a copy of the table.

A contract may describe the character of the asset. The contract does not stand in for the expert's report. An invoice may show the purchase price. The invoice is not itself the valuation. The minute writes which item was examined. If there is no minute, the item list is not widened.

The door after the auction

If the valuation period has passed, the debate after the sale shifts to setting aside. Irregularity of the valuation can be spoken of among the grounds for setting aside. This is not an extension of the complaint before the sale. When the stage changes, the name of the petition changes. A partial complaint targets only the item that is debated. Rejecting all the assets from memory also delays the item that is justified. The application should show which asset it relates to, by the report number. If there is no number, a number is not invented. Service separates, from the annotation, to whom the report went. If there is no annotation, service is not assumed.

A valuation objection should write the kind of asset, which sentence of the report is wrong, and the date of the comparable in hand. A comparable can be a sale of the same character or an official record. If the record belongs to another asset, it is not pasted onto this asset. A comparable that is not pasted does not build the price as a percentage either. If more than one asset is in the same report, each asset stands on its own line. An error on one line is not treated as having spoilt the valuation of the other assets on its own. If the debtor and the creditor say different prices, both are tied to the report and its annex. A spoken price that is not tied does not open an expert examination. Even if an examination is opened, the new price does not enter the notice text before a decision is written. A price that is not entered does not change the sale day either. A day that does not change is not produced as a figure in this note.

Where the valuation is read from

The valuation report and its service are read, and this note does not add the complaint day to this text. A lawyer in Ankara reads from the report that the office being in Çankaya does not change the competent authority. This note does not treat a valuation objection as setting the auction aside. This note does not treat the complaint as a record that takes the notice down on its own.

Conclusion

The answer to what a complaint against a valuation is, is an objection to value before the sale. Setting the auction aside and a general complaint are separate doors. No complaint day is written. The frame sits on the enforcement and bankruptcy page. The basis is the Enforcement and Bankruptcy Code.

Legislation

Frequently asked questions

Does a valuation complaint stop the auction on its own?

It does not stop it on its own. The complaint aims at correction of the valuation. The sale calendar, an interim measure, or the statute's provision on stopping is looked at. There is no promise of an automatic postponement.

Why is the note on a general enforcement complaint not repeated?

The authority and the procedure are the subject of a separate note. This record only separates the decision particular to the valuation report.

Is a valuation complaint opened after the auction has ended?

The valuation debate is, as a rule, before the sale. After the auction the subject is, in most files, setting the auction aside. A valuation complaint whose time has passed does not stand in for setting aside. The stage decides the door.

How many days is the period?

The statute provides a stated period from service of the valuation. The number of days is not fixed in this note. The service document is the basis. An office summary does not take the place of the return of service.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Enforcement & bankruptcy

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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