Conveyance describes the procedures used to transfer property
ownership and possession from one party to another. The conveyance
procedures in Turkey are simple and effective when the parties
attend at the Land Registry together. For this reason solicitors
are not typically used. When a party can not attend at the land
registry it is not unusual to appoint an agent to perform the
activities under a power of attorney, but that agent need not
be a solicitor, and indeed is rarely a solicitor but more often
is a relative.
When the parties are foreign
and do not know Turkish law, property permits and compliance,
and procedures, they are best advised to obtain independent
professional advice to look after their interests. Regrettably
many unsuspecting foreign residential purchasers rely on the
legal advice provided by solicitors referred by developers or
sales agents or the sellers, and such advice is never independent
and rarely serving the interests of the buyer.
The standard contracts used in such situations
are usually woefully inadequate for the purposes of mortgage
finance, and pose un-necessary risks for the buyers and the
sellers. This rarely results in litigation but usually results
in a breach of contract and an undesirable situation. Turkish
Mortgage Centre, and approved legal solution partners, provide
sound contracts for a number of purposes. The contracts protect
the interests of buyers, are fully transparent, and provide
developers and sellers with a sound legal framework to execute
their business efficiently, while mitigating the risks that
are un-necessarily prevalent in poorly drafted and structured
contracts, which account for the vast majority of developer
contracts we see. If in any doubt, the extensive network of
legal advisers established over 25 years of investment and financing
business in Istanbul and local coastal regions, can be called
upon for specific client purposes. We work with the top corporate
law firms in Turkey, and the most specialised local experts
in coastal regions.
The importance of working with an experienced
partner that does more than merely talk about mortgage terms,
can not be emphasized enough. Mortgage assignment and registration
in your home country may proceed smoothly because the practices
and procedures used by legal advisors and other service providers
are well established and recognised over decades but this
is not the case in Turkey. The Turkish mortgage law is new,
the document requirements, and procedures for conveying property
ownership and assigning and registering a mortgage in practice,
are not widely known by solicitors. Where the seller has permits
and permissions to maintain, other mortgages to repay, clearance
certificates to provide, the matter becomes somewhat more complicated.
Even certain Turkish banks that offer cross-border mortgage
products are incapable of executing the conveyance closing actions
on completion. Overseas mortgage brokers have neither the knowledge
of local finance procedures, Turkish law, or the cross border
language and document preparation skills.
Indeed generally in Turkey, there is
a shortage of experienced personnel in the mortgage sector with
the knowledge and experience to manage to entire process. This
is why it is so important to work with an experienced team of
experts to ensure delivery of mortgage finance from start to
finish. Our services are designed to deal with all these issues
in a sound and secure manner. This level of experience is only
available within the Turkish Mortgage Centre.