THE COURT HAKIMLIGI
prosecutor :
TC IDENTIFICATION NUMBER :
address :
attorney :
(Legal representatives of the parties, if any)
address :
(Legal representatives of the parties, if any)
DEFENDANT :
ADDRESS :
SUBJECT : …. Executive directorate …/… E. our debtor in file No…..’earth …. The Bank …. Our request is to remove the block placed on the account of the branch by the defendant bank.
INSTRUCTIONS :
1-) Our client, …. Executive directorate …/… e. the borrower with the numbered file … …. having initiated enforcement proceedings against him, the follow-up was finalized on the date of /…/ and our client also filed a foreclosure request on the date of /…/, the debtor was notified by the enforcement directorate …. The Bank …. Thank you for putting a lien on your account in the branch …. The Bank …. It has been notified to its branch. (APPENDIX-1)
2-) The defendant sent the bank’s response to the executive office on the date of the bank’s notification of the lien receipt to the bank in the article “The lien requested to be placed on his account ….. Executive directorate …/… e. on the date of the borrower of the numbered file …/…/… from the bank …….. The last installment of the loan due to the contract between them and the bank, from which they have withdrawn a housing loan in the amount of TL .dec… it has been stated that the money contained in the account that is requested to be foreclosed on due to non-payment of the installment has been blocked by the bank ”and it is not possible to put a lien on the account by sending a message. (APPENDIX-2)
3-) Although the defendant bank …. Executive directorate …/… e. although the numbered file stated that the debtor’s account could not be decriminalized, in accordance with the loan agreement between the bank and the debtor, the debtor established a mortgage in favor of the bank on an immovable property in accordance with the loan he had withdrawn. For this reason, there is a mortgage facility in favor of the bank to cover its receivables, and since the bank does not have to cover its receivables from the foreclosed account, it is obvious that the block placed on the account is inappropriate. (APPENDIX-3)
4-) For all the reasons described in the bank’s …. Executive directorate …/… e. there has been an obligation to request the removal of the block that the debtor of the numbered file has placed on his account.
LEGAL REASONS : 2004 P. K. m. 85,86; 6100 Pp. K. m. 2, 6, 14.
LEGAL EVIDENCE : 1-) Lien receipt sent to the bank
2-) … /… /… The Bank’s Response Letter Dated
3-) …/…/… Housing Loan Agreement
4-) … … of the Executive Directorate …/… E. the numbered file
CONCLUSION AND PROMPT : For the reasons described above …. Executive directorate …/… e. we request by proxy on behalf of our client that the block placed by the defendant bank on the debtor’s account of the numbered file be removed, and that all trial expenses and attorney’s fees be charged to the other party. …/…/…
ATTACHMENTS: 1-) Lien october sent to the bank
2-) … /… /… The Bank’s Response Letter Dated
3-) …/…/… Housing Loan Agreement
4-) … … of the Executive Directorate …/… E. the numbered file
5-) An example of a certified power of attorney.
Deputy Plaintiff
