….. EXECUTIVE OFFICER OF THE GUARD,

THE COMPLAINANT
(DEBTOR) : DEPUTY :
THE OTHER SIDE : … 1. Executive Directorate
ISSUE : ….. 1. Executive Directorate 2013/…. E. Objection to the Flood Foreclosure before the numbered file. INSTRUCTIONS :
1. …… …. 2010/…. E. , 2012/… K. THE ISSUE AND ITS DECISION DATED 20.04.2012 HAVE BEEN FINALIZED AND ….. 1. EXECUTIVE DIRECTORATE 2013 /…. E.HE HAS BEEN EXECUTED WITH HIS NUMBERED FILE.
The subject of the aforementioned study, my client ….. and …. as a result of the divorce case, it was decided to pay 75,000-TL material and moral damages against my client.
My client did not have enough cash to pay this amount, so he could not pay the debt. But in order to pay this price, ….he tried to sell one of his real estate properties located in ’

2. While my client is trying to sell his real estate to pay off the debt, his ex-wife is also against my client this time …….. 2012/…. E. no.su he has filed A LAWSUIT in which he will RECEIVE CONTRIBUTIONS and an INJUNCTION has been placed on all 5 real estate registered in my client’s name through this file.
My client has not been able to sell any apartment while there is a precautionary measure on his real estate, and this process has again been prolonged.

3. My client, ….. The Province, ….. The District, ….. Locality ….It is registered on the parcel, …Skin and registered with page no… LOCATED ON THE FLOOR Thereupon, …..On October 16, 2014, we submitted our petition to the Court of Arbitration containing our request to have the measure lifted (ANNEX-3) and this request was accepted and it was decided to HAVE THE MEASURE LIFTED (ANNEX-4) by the court on October 24, 2014…. The MEASURE on the mentioned real estate has been REMOVED with the article on the ABOLITION of the MEASURE written to the Land Registry Office (OCTOBER-5)

4. In the said file, THE DEPUTY OF THE FOLLOW-UP CREDITOR REQUESTED THAT THE CLIENT’S PROPERTY BE FORECLOSED ON AS COLLATERAL TO ENSURE THAT THE PROVISION IS FULFILLED IN EXECUTION.
As it will be seen when your honor is examined by your court, all the real estate of the client has been foreclosed on.
….1. Executive Directorate 2013/…. E. With the foreclosure articles numbered….-The creditor with the price of TL …. in his favor, all of my client’s assets have been foreclosed on. The land registry records with installments are october. (OCTOBER-6)
5. THE APPRAISAL OF THE FORECLOSED REAL ESTATE HAS NOT BEEN MADE.
The FAIR VALUE of each of the 5 immovable properties belonging to the client ….-October 27, 2014, the document indicating that it is TL is attached to this petition (OCTOBER-7)
In addition, the approximate values of the real estate belonging to the client are between TL 200,000-TL and TL 300,000-TL, as can be seen from the ads for the sale of similar real estate that have the same qualities as dec area and are located in the same location. Hürriyet Real Estate, Milliyet Real Estate and Sahibinden.com we october the current real estate listings for sale obtained from the websites in the appendix of our petition (OCTOBER-8)
6. THE LIEN HAS BEEN MADE TO THE EXTENT THAT THE PRINCIPAL RECEIVABLES EXCEED THE TAXES AND FOLLOW-UP EXPENSES. THIS SITUATION IS CONTRARY TO IIK 85/I AND THE CASE LAW OF THE SUPREME COURT. That is to say;
SUPREME COURT 21. DEPARTMENT OF LAW 2000/3575 E. 2000/3801 K. and in his decision dated 15.05.2000 “…..IT IS NECESSARY TO DETERMINE THE REAL ESTATE THAT WILL COVER THE AMOUNT OF RECEIVABLES AND TO REMOVE EXCESS LIENS BY DETERMINING THE VALUE IN TERMS OF THE REAL ESTATE THAT CAN BE FORECLOSED…. he is saying “.
And again, according to the established case law of the Supreme Court; “THE BAILIFF MUST NOT FORECLOSE ON GOODS MORE THAN THE AMOUNT THAT WILL BE THE SUBJECT OF FOLLOW-UP AND COVER THE COSTS OF FOLLOW-UP”, he says.

Also, according to the established case law of the Supreme Court, “THERE IS A SITUATION THAT THE DEBTOR WILL NOT APPLY FOR OTHER REAL ESTATE UNLESS IT IS UNDERSTOOD THAT THE SALE PRICE OF THE FORECLOSED REAL ESTATE WILL NOT COVER THE DEBT”. they are called.
7. Without any appreciation, ….. 1. Executive Directorate 2013/…. E. In the numbered file, we are obliged to open this complaint case due to the flood foreclosure process, which was placed on all my client’s real estate in violation of IIK 85 / I.
FOR ALL THE REASONS THAT WE ARE TRYING TO EXPLAIN, IF YOUR COURT DECIDES TO REMOVE FLOOD FORECLOSURES, FIRST of ALL, taking into account the situation that we are trying to explain above, the work contained in october appendix to this petition …..The Province, ….The District, ….Locality ….It is registered on the parcel, …Skin andregistered with page no… LOCATED ON THE FLOOR

LEGAL REASONS : HRST. m. 16 et seq. and its related articles, the Code of Civil Procedure and other relevant legislation.
THE EVIDENCE :
1. …..2010/… E. , 2012/…K. decision no.

2. …. 1. 2013/… E of the Executive Directorate. Numbered tracking file

3. …. Our petition requesting the lifting of the Measure we gave to the Court on October 16, 2013 (ANNEX-3)

4. …. 2012/…. E. Decision on the ABOLITION of the MEASURE on file No. 4 (ANNEX-4)

5. Registered in the client’s name … the land registry with a certificate dated October 31, 2014 indicating that the measure on the immovable property has been lifted (ANNEX-5)

6. Land registry records with installments (ANNEX-6)

7. The FAIR VALUE of each of the 5 immovable properties belonging to the client ….-Document dated October 27, 2014 indicating that it is TL (ANNEX-7)

8. Showing that the value of the real estate with similar properties to the dec real estate is between 200,000-TL and 300,000-TL, Hürriyet Real Estate, Milliyet Real Estate and Sahibinden.com current real estate listings for sale taken from internet sites (ANNEX-8)

9. Decisions of the Supreme Court

10. Discovery and expert witness

11. Provided that we reserve the right to substitute evidence against the evidence submitted by the counterparty, as well as any legal evidence if necessary.

CONCLUSION AND CLAIM: In accordance with the reasons that we have tried to present and explain above and which will be taken into account by your dear court if you re;
1) With the acceptance of our case….The Province, …. District, … in the locality ofRegistered on the parcel, …. Skin and …. registered with page no… LOCATED ON THE FLOOR NO.LU TO DECIDE ON THE ABOLITION OF FLOOD FORECLOSURE ON THE INDEPENDENT SECTION,
2) I sincerely offer and request that the decision be made to transfer the costs and fees of the trial to the opposite party. …..2014

The Complainant’s Attorney

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