İpotek (mortgage) in Turkey – property ownership explained

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İpotek is the Turkish term for mortgage, a legal mechanism that allows a property to serve as collateral for a loan. When a buyer finances a property purchase in Turkey, the bank places an ipotek on the title deed (tapu). This ensures the lender can reclaim the property if the borrower defaults on payments.

An ipotek is recorded in the Turkish Land Registry (Tapu ve Kadastro Genel Müdürlüğü) and appears on the title deed. It does not transfer ownership but restricts the owner’s ability to sell or transfer the property without the bank’s approval until the loan is fully repaid. Once the debt is cleared, the ipotek is lifted, and the title deed becomes unencumbered.

In Turkey, ipotek can also apply to other secured loans (e.g., business loans) where real estate is used as collateral. The process is governed by the Turkish Code of Obligations (Borçlar Kanunu) and the Land Registry Law (Tapu Kanunu).

Turkish Term English Equivalent Notes
İpotek Mortgage Legal collateral on property for a loan.
İpotekli kredi Mortgage loan Loan secured by property (ipotek).
İpotek terkin Mortgage release/discharge Removal of ipotek after loan repayment.
Rehin Pledge/collateral (general) Broader term; ipotek is a type of rehin for real estate.
Tapuya ipotek konulması Registering a mortgage on title deed Legal process via Land Registry.
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İpotek (mortgage) in Turkey – property ownership explained

A mortgage or legal lien on property.

İpotek is the Turkish term for a mortgage or legal lien placed on a property. It secures a debt (like a loan) by giving the lender a claim over the property until the debt is fully repaid. If the borrower defaults, the lender can sell the property to recover the owed amount.

In Turkey, ipotek is registered at the Tapu Office (Land Registry) and appears on the property’s title deed (tapu). It is commonly used for home loans, construction financing, or business credit. The process requires a notary, legal checks, and payment of registration fees.

Yes, but with strict conditions.

Foreigners can obtain an ipotek in Turkey, but banks impose stricter rules than for Turkish citizens. Key requirements include:

A valid residence permit (or Turkish citizenship), proof of income (often from Turkey or a stable foreign source), and a down payment of the property value). Interest rates for foreigners are higher due to perceived risk.

Some banks require the property to be in a major city (Istanbul, Antalya, Ankara) and may limit loan terms to 10–15 years. Military clearance (askeri tasdik) is also needed for properties in restricted zones.

Via the Tapu Office with legal steps.

An ipotek is registered at the Tapu Office (Land Registry) by the lender (bank) after signing the loan agreement. The process includes:

1. Notarization of the mortgage contract. 2. Military clearance (if the property is in a restricted zone). 3. Payment of registration fees . The ipotek then appears on the property’s tapu (title deed).

To remove it, the borrower must fully repay the loan and submit a release request to the Tapu Office. The bank provides a discharge letter, and the lien is cancelled (usually within 1–2 weeks).

The bank can seize and sell the property.

If you default on an ipotek in Turkey, the bank initiates legal enforcement through the Execution Office (İcra Dairesi). The process includes:

1. Formal notice (typically 30–90 days to repay). 2. Property auction if unresolved. The bank sells the property to recover the debt, and you lose ownership. Any surplus after covering the loan and fees may be returned to you.

Defaulting also damages your credit score in Turkey, making future loans difficult. Foreigners may face additional legal complexities, so consulting a Turkish lawyer is advised.

Yes, it must be cleared first.

An active ipotek complicates resale or inheritance in Turkey. For selling, the lien must be removed (by repaying the loan) before transferring the tapu to the new owner. Buyers rarely accept a property with an existing ipotek.

For inheritance, heirs inherit the property with the debt. They must either repay the ipotek to clear the title or sell the property to settle the loan. Turkish banks may allow loan assumption (transferring the debt to heirs) if they qualify.

Yes, but options are limited for foreigners.

Foreigners in Turkey have few alternatives to ipotek (mortgages) due to strict banking rules. Common options include:

1. Developer financing: Some builders offer 0% interest installment plans (usually 12–36 months). 2. Personal loans: Higher interest rates but no property collateral. 3. Home equity loans: If you own another property in Turkey, some banks allow borrowing against it.

Cash purchases are most common for foreigners, as loans are harder to secure. Always verify terms with a Turkish lawyer.

Registration, notary, and valuation costs.

Registering an ipotek in Turkey involves several fees such as but not limited to:

1. Registration fee Paid to the Tapu Office.
2. Notary fees
3. Property valuation fee
4. Legal fees

Additional costs may include translation fees (for foreign documents) and bank processing charges. Always confirm exact amounts with your bank and notary.

Yes, but with higher risks.

Banks in Turkey do offer ipotek for off-plan (under-construction) properties, but terms are stricter. Key points:

1. Stage-based disbursement: Funds are released as construction milestones are met. 2. Higher down payment: Often 40%–50%. 3. Developer guarantees: Banks require the builder to provide a bank guarantee or insurance.

Risks include delays or project cancellation. If the developer fails, the bank may halt funding, leaving you with an incomplete property and debt. Due diligence on the developer is critical.

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