Summary:
IIK. in accordance with 149/ b, only the borrower who gives a mortgage on his/her real estate due to the loan he/she receives in the follow-up can be followed up with a mortgage about the cooperative. Although tracking can be done about third parties who are guaranteeing the debt through mutual surety through general foreclosure, mortgage tracking cannot be done about them
T.C.
Supreme
- law office
Article No:2014/22280
Decision No:2014/22130
K. Date:23.9.2014
The court’s decision in writing within the above date and number of hours requested by the debtors temyizen this on audit work-related files from the scene have been sent to the apartment and rested for the audit report to file a claim held by a judge, and all the documents in the file is read and analysed, after it was thought that the nature of the business discussed:
Although other appeals are not in place;
The principal debtor and the mortgagor of the immovable property by the creditor S.S. Stay Agricultural while You’re at it.Koop. the members of the cooperative with about 149 EBL/b ilamsiz are translated into execution monitoring is performed with the way mortgage money in accordance with example 9. in the pursuit of a payment order upon notification shown to the borrowers, the Executive Office of the debtor’s attorneys dispute any credit cooperatives is responsible for corporate bodies, Editing, 24.06.2002 shaped dated debt securities in the principal debtor, the guarantor, the joint bail due to the cooperative’s debt suggests that it is encumbered to follow, follow up on appeal stands, upon the request of the creditor’s deputy to withdraw the objection in the executive court, it was understood that the court accepted the case and decided to remove the objection on the grounds that the debtors were personally liable for the debt, as they also had signatures under the bonds of commitment as joint and part-time debtors and guarantors, except as a member of the cooperative, and they were personally responsible for the debt.
In the concrete case, the Amasya 1 was concluded between the decebted cooperative and the creditor on 24.06.2002. 24.06.2002 and 08506 yevmiye debt note was signed by the notary public, this loan debt is paid.. B.., F.. E.., A.. O.., A.. K.. and H.. G..’s joint and several debtor guarantor that are based on debt stock between the parties dated 20.08.2002 the signing of the deed of commitment, credit Directorate of land registry and hence the received date and number of wage 13.06.2001 Journal No. 3367 date 26.07.2000 created in 2048 mortgage contracting with the tables registered in the name of the cooperative village kizsek No. 7, No. parcel immovable in favor of the creditor is a mortgage where the borrower on the mortgage principal creditor of the cooperative as well as cooperative members to follow along with who vouched for his debt, only in his capacity as a member of the cooperative Q. M., O.. K.., F.. I.. and A.. G..it is understood that they also showed the debtor in the follow-up.
IIK. in accordance with 149/ b, only the borrower who gives a mortgage on his/her real estate due to the loan he/she receives in the follow-up can be followed up with a mortgage about the cooperative. As for the third parties who are guarantors of the debt through mutual bail, although tracking can be done through general foreclosure, mortgage tracking cannot be done about them (Ali Cem Budak tracking by converting the mortgage into money, Istanbul 2008, sh. 112). In addition, those who are not guarantors and are followed up only because of their cooperative membership do not have debtor adjectives.
In this case, while the court should reject the request to dismiss the appeal from the point of view of borrowers other than the Limited Liability Kizseki Village Agricultural Development Cooperative, the provision in writing is incorrect.
CONCLUSION : The court’s decision on the partial acceptance of the debtors’ appeals for the reasons written above is based on IIK 366 and HUMK 428. in accordance with the articles (ON DETERIORATION), the refund of the fee received in advance upon request was decided unanimously on 23.09.2014, with the path of decision correction open within 10 days from the notification of the decision.
