… TO THE JUDGE OF THE COURT;

PLAINTIFF :

Acting :

ADDRESS :

DEFENDANT :

ADDRESS :

Subject:we want to abolish the mortgage on the family home.

INSTRUCTIONS

1 -) the defendant who is the wife of our client, … / … / … the defendant on … From the bank …. he used the loan (Annex 1), to constitute the guarantee of the loan used by our client and his wife …. since the year they have been living together with their children and the property which is a family residence belonging to the defendant spouse, a mortgage has been established in favor of the bank except with the knowledge and consent of our client. (Appendix 2)

2 -) in accordance with article 194/1 of the law No. 4721 “one of the spouses, unless the other spouse has clear consent, can not terminate the lease agreement on the family residence, can not transfer the family residence or limit the rights on the family residence.”Although the provision of this article does not comment on the family residence, the spouses’ driving license on the family residence where they live together is limited. The limitation was brought not because the family comment was made, but because it already existed. For this reason, even if the title deed is not given to the family residence, it has the property of family residence. Although the mortgage does not directly prevent the right to live and benefit from the family residence, the explicit consent of the other spouse is essential to the mortgage transaction because of the malicious and questionable transactions of the entitled spouse and the danger of the family residence being disposed of. Since our client’s explicit consent was not obtained, it is impossible to accept that the transaction was valid.

3 -) for the reasons described above, it was necessary to apply to your court for the decision to remove the mortgage placed on our client’s family residence.

Legal reasons: 4721 S. K. m. 194

LEGAL EVIDENCE :

1-)…/…/…. Dated loan agreement

2-) ../../.. dated mortgage facility certificate.

3 -) expert examination

RESULT AND PROMPT

For the reasons described above, we respectfully request on behalf of our client that the mortgage placed on the family home be removed because of the lack of clear consent, and that the decision be made to charge the trial costs and the power of attorney to the defendant. …/ …/ …

ADDITIONAL:

1-)…/…/…. Dated loan agreement

2-) ../../.. dated mortgage facility certificate.

3 -) One certified power of attorney