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Answering Akfinans Bank without breaking the law they threaten us with

BankOn the 14th September 2005 I signed a Contract of Sale agreeing to buy what later became 5 Democrasi Sokak Karşiyaka. My co-signatories for the vendor Kulaksiz Constructions Limited were Abdurrahman Guney for HIMSELF and as the director of Kulaksiz Construction Ltd and Yuksel Yilmaz, Landowner. The signatures were witnessed.

Within the Contract page 2:

1. The vendor, for themselves, their successors, heirs and assigns agree to sell the Property to the Purchaser and the Purchaser for herself, her heirs and assigns agrees to buy the same.

2. The Vendors warrant that they are the registered freehold owners of the Site, and that the Site is free from any impediment, encumbrance, lien or adverse claim the Vendors further agree and undertake to keep and preserve the Site as such until the completion of this sale and transfer of title.

All the other usual undertakings were within this Contract.

The Stamp Duty on the Contract of Sale was paid on the 4th October 2005. Fatura No. 756069.  Permission to Purchase was applied for in September 2005 Application reference 2005 /1242.

The Contract of Sale was registered at the Land Registry (Tapu) on the 6th March 2008 Fatura No. 737722.

I can confirm that the staff at the Tapu first made me aware of the mortgage on that date. I was asked to sign that they had made me aware but since it was in Turkish I took the precaution of writing WITHOUT PREJUDICE above whatever it was they had written.

Permission to Purchase was given in June 2008 and Tucge Volkan of the Property Complaints Office telephone me to tell me that it had been granted on Monday 16th June 2008 at 1.30 p.m. The Permission to Purchase Ref. S(K2) 1310/2008.

I followed all the procedure laid down by the legal system in this transaction, so how come the Bank were allowed to use my legally purchased property as security for the mortgage given to Abdurrahman Guney and Yuksel Yilmaz? Did the Bank not have systems in place whereby they should check the provenance of any security offered to them? I think this is a very fair question.

Do all the owners at Kulaksiz 5 have an equitable interest? I, as a lay person certainly think they do.

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