… COURT OF ARBITRATION;
prosecutor :
attorney :
address :
DEFENDANT :
address :
SUBJECT :The abolition of the mortgage placed on the family residence consists of our request.
INSTRUCTIONS
1-) The defendant, who is the wife of our client, is the defendant in the history of …/…/… … From the Bank …. he used the loan (APPENDIX 1) to guarantee the loan he used, our client and his wife …. a mortgage has been established in favor of the bank with the exception of our client’s knowledge and consent on the real estate that they have been living with their joint children since the year and which is a family residence belonging to the defendant spouse. (APPENDIX 2)
2-) in accordance with article 194/1 of law No. 4721 “One of the spouses may not terminate the lease agreement on family housing, transfer family housing or limit the rights to family housing, unless the other spouse has express consent.” Although the family residence comment has not been made with the provision of this article, the spouses’ actual driving licenses on the family residence where they live together have been limited. Limitation was introduced not because the commentary on the family was put, but because it already exists. For this reason, even if the title deed is not issued as a family residence, this residence has the property of a family residence. Although the mortgage does not directly prevent the right to use and live in family housing, the explicit consent of the other spouse to the mortgage transaction is necessary due to the malicious and abusive actions of the rightful spouse and the danger of disposing of the family housing. Since the explicit consent of our client has not been obtained, it is impossible to accept that the transaction is valid.
3-) For the reasons described above, we have had the obligation to apply to your court to decide on the removal of the mortgage placed on our client’s family home.
LEGAL REASONS : 4721 P. K. m. 194
LEGAL EVIDENCE :
1-)…/…/…. Dated loan agreement
2-) ../../.. dated mortgage facility certificate.
3-) Expert review
CONCLUSION AND CONCLUSION
For the reasons described above, we respectfully request on behalf of our client that the mortgage placed on the family residence be decided to be removed because it is invalid due to the lack of explicit consent, to be charged with the costs of the trial and to the defendant’s side of the attorney’s fee, as the mortgage is invalid due to the lack of explicit consent. …/ …/ …
ADDITIONAL:
1-)…/…/…. Dated loan agreement
2-) ../../.. dated mortgage facility certificate.
3-) An example of a certified power of attorney
Deputy Plaintiff
