Nicholas Homes - Wrong Bim Number

[fishman]

I would like to share this with all members and hope you can pass this on
Have just returned from Turkey having a nightmare 10 days
It started back in May when we were just about to leave for our journey home, we've had a apartment in Turkey which we brought in 2002 from Nicholas homes as we were leaving we was meet by one of the original owners (cannot name but I presume most will know who I am talking about)
He proceeded to tell us their was a problem with our tapu regarding the bim number to keep this as short as possible but the mix up was with three apartments in our particular block.
This began the nightmare three weeks we went to see a lawyer (Sule) in June to see if we could change the bim numbers around so each apartment would be correct, this is were the problems started she was told this was not possible because the Nicholas Homes owner had used the deed as a debt so their was a charge on our apartment
So we flow out to see Sule and hopefully get this sorted once we had met with her we was told by the bank holding the deeds that the apartment we brought and paid for in good faith was going to be auctioned and the only way was to buy it back from the bank.
So we put our bid in though tender only to be told that their was another party interested and they had also bid on it, so we attended the auction on Monday (10th) were as we had a bidding war with the other party who actually turned out to be the bank and they drove the price up.
Well that is the outline of my problem, I wanted to put this on here just incase this happens to somebody else and they have to go though the stress and costs we have just had to deal with.
So basically the bim number on the right hand side of your tapu is the original building plan when the apartments was built and should show so on the plans even if the door number is different
If this subject saves one person from these people (if they could be called that ) then I would be happy that I at least achieved somethink from our nightmare
And with these forums that people will warn others to stay away from these particular company and make sure NOBODY else puts anymore money into their pockets
Thanks for reading this and please pass on to anyone you know I am not trying scaremonger anyone but please check yours if your not sure

[Scunner]

In essence you had to buy your own apartment (that you believed you owned fully and outright) a second time at auction, because the Nicholas Homes owner (Yilmaz brothers) had used it as an asset to borrow money.

It is an absolute disgrace, I am sickened to hear your story - how on Earth did you pull through all this. And how do these people sleep?

[kevin3]

 Very sorry to hear what you have gone through fishman, it's disgusting.
Is legal action possible and would Sule think there is a chance of recovering
any of your losses, ie,any remaining assets.?

Thank you for taking the time to try and warn others, you must have been through hell.

[Karennina]

Very sorry indeed Fishman to hear of the nightmare you have had I believe a similar problem has also happened on the Palm Beach complex recently... We have a Nicholas apartment purchased in 2007 and I am afraid to go and look at my tapu, 

[fishman]

Thanks for your replies !
I would like to add even though these owners have put us though so much and On what I've been hearing many more could be having the same problems
I would like to thank many turkish friends who tried to assist us last week just to show you may have a bad apple in their community but their are some fantastic people out there.
We are still in discussion with this but don't want to go into to much detail but I am sure I will be updating you at some stage

[kevin3]

Good Luck fishman.

And try and enjoy what others tried to rob you of.

[simpsons]

Fisherman, you usually find this when the bank auctions off property, they will have a couple of 'ringers' in the audience to boost up the bidding. One day, they will make a cockup, and buy the property for the bank inadvertently.

[loz]

This happened a few years back, you can approach the bank and ask them what money they are looking for, this is usually better than taking the Auction route.  The bank are wanting the money owed, and rightly so.  Unfortunately a little late for this member, but if it helps another all to the good.


The friends who fell foul of this have now sold up, they struggled with the extra UK mortgage payments.

[Lotty]

I'm so outraged by this it hurts! How can there be no redress, the property is honestly paid for and all above board etc. So why aren't the builders who do this dodgy business scam, or their business insurance made to face the consequences of their illegal actions? Why should you have to buy your own property back? Is there nothing to protect you in their legal system? I know it's happened a lot in Turkey, but this far down the line (2002 purchase) it must be a shocking and heart stopping experience. I despair.

[Scunner]

There is a scenario which takes some getting your head around that allows this sort of thing to happen. It goes something like this:

Most people who have bought property in Turkey will be aware that the tapu office must inform a purchaser if there are any debts lodged against the property. There is no way they could not tell the buyer this, it is very much part of the process and their responsibility to do so.

So, how could the owner of the building company possibly sell a property, take full payment and have a tapu issued in the new owner's name(s) without them (the purchasers) being made aware that there is a debt attached to the property they are about to take ownership of, and the debtor is the builder himself. It's impossible, surely.

But no. It's quite possible. Clever too.

You remember that bit when the builder explains that they will take power of attorney from you so you don't need to fly over to sign this and that. What a helpful thing that is.

So the builder (your power of attorney) goes to the tapu office to sign the property tapu into your name. The guy at the deeds office does what he is obliged to do and points out to him that there is a debt lodged against the property. Builder says "Yes I know" and because the deeds man has done his job and highlighted the issue, the transfer can now take place. It does, but of course the debt is still there, it transfers ownership too.

So when the builder (your PoA) says "Yes I know", sometimes he's saying "Yes I know, it was me who borrowed the money you are mentioning".

It took me a couple of years to work out fully how they did it. I'm sure it took them a couple of seconds.