… ARBITRATION COURT;
Prosecutor:
Attorney:
Address:
DEFENDANT:
Address:
SUBJECT: Our request for the removal of the mortgage placed on the family residence.
INSTRUCTIONS
1-) The defendant, who is the spouse of our client, used the loan taken from …… Bank on …/…/… (ATTACHMENT 1) as collateral and, without the knowledge and consent of our client, established a mortgage in favor of the bank on the real estate property that is the family residence belonging to the defendant spouse, where our client and his spouse have been living with their children since … year. (ATTACHMENT 2)
2-) Pursuant to Article 194/1 of Law No. 4721, “One spouse cannot terminate the lease agreement for the family residence, transfer the family residence, or limit the rights related to the family residence without the express consent of the other spouse.” Although the family residence has not been interpreted in accordance with this provision, the actual rights of use of the family residence where the spouses live together have been restricted.
The restriction has been imposed not because the family residence has been interpreted, but because it already exists. Therefore, even if the title deed is not registered as a family residence, this residence has the characteristics of a family residence. Although a mortgage does not directly prevent the right to live in and use the family residence, the express consent of the other spouse is required for the mortgage transaction due to the bad faith and abusive actions of the spouse who holds the rights and the risk of disposing of the family residence. Since our client’s express consent was not obtained, it is not possible to accept that the transaction is valid.
3-) For the reasons explained above, we were forced to apply to your court for the removal of the mortgage placed on our client’s family home.
LEGAL GROUNDS: 4721 PK m. 194
LEGAL EVIDENCE:
1-) Credit agreement dated …/…/….
2-) Mortgage loan document dated ../../..
3-) Expert evaluation
CONCLUSION AND SUMMARY
For the reasons stated above, on behalf of our client, we respectfully request that the mortgage placed on the family home be lifted on the grounds that it is invalid due to lack of express consent, and that the court costs and the defendant’s attorney’s fees be covered. …/ …/ …
ADDITIONALLY:
1-) Loan agreement dated …/…/….
2-) Mortgage loan document dated ../../..
3-) Certified power of attorney sample
Plaintiff’s Attorney