THE FIRST COURT
prosecutor :
TC ID NUMBER :
address :
lawyer :
(Legal representatives of the parties, if any)
address :
(Legal representatives of the parties, if any)
THE DEFENDANT :
address :
SUBJECT : …. Enforcement directorate …/… E. our debtor with file number …..’the earth…. The bank …. Our request is for the removal of the blockage placed on the branch account by the defendant bank.
instructions :
1-) Our client, …. Enforcement directorate …/… e. debtor with file number ……. enforcement proceedings have been initiated against him, finalized on the date of follow-up /…/, and our client has also requested foreclosure on the date /…/, and the debtor has been notified by the enforcement directorate …. The bank …. Thank you for placing a lien on your account at the branch …. The bank …. It has been notified to the branch. (Oct-1)
2-) The defendant sent the bank’s response to the enforcement department on the date of the bank’s foreclosure notification and said, “The account requested for foreclosure …. Enforcement directorate …/… e. from the bank …/…/… the debtor of the file number …….. Dec Paying the last of the loan installments according to the contract between them and the bank from which they took out a housing loan in the amount of TL, the money in the account requested for foreclosure has been blocked by the bank due to non-payment of the installment” In the article, it is stated that it is not possible to place a foreclosure on the account. (Oct-2)
3-) The defendant bank …. Enforcement directorate …/… e. although it is stated in the numbered file that the debtor’s account cannot be Decriminalized, in accordance with the loan agreement between the bank and the debtor, the debtor has established a mortgage in favor of the bank on a real estate based on the loan he has withdrawn. For this reason, there is a mortgage facility in favor of the bank to cover the receivables, and since the bank does not have to cover the receivables from the foreclosed account, it is clear that the blockage placed on the account is not in place. (Oct-3)
4-) The bank …. For all the reasons explained in the Enforcement Directorate …/… e. the obligation to request the removal of the blockage placed on the debtor’s account by the numbered file has arisen.
LEGAL REASONS : 2004 PK m. 85,86; 6100 Pp. K. m. 2, 6, 14.
LEGAL EVIDENCE : 1-) Foreclosure receipt sent to the bank
2-) … /… /… Reply Letter Dated by the Bank
3-) …/…/… Housing Loan Agreement
4-) … … of the Enforcement Directorate …/… E. the numbered file
CONCLUSION AND REQUEST :
For the reasons described above …. Enforcement directorate …/… e. we demand that the blockage placed by the defendant bank on the debtor’s account of the numbered file be removed by proxy on behalf of our client, and that all trial expenses and attorney fees be embezzled to the other party. …/…/…
Oct Oct: 1-) Foreclosure sent to the bank in October
2-) … /… /… Reply Letter Dated by the Bank
3-) …/…/… Housing Loan Agreement
4-) … … of the Enforcement Directorate …/… E. the numbered file
5-) An example of a Power of Attorney.
Plaintiff’s Attorney