Mortgage

"How is a mortgage enforced?"

Quick Answer

A mortgage (İpotek) is a real right established on immovable property (real estate) to secure the payment of a debt, requiring official registration at the Land Registry.

Scope and Legal Distinctions

A mortgage is security over real estate and requires the applicable land-registry formalities. A promise in a loan agreement alone does not establish a registered mortgage.

What to Check in Practice

Review title, rank, secured amount, prior encumbrances and enforcement terms; confirm the registered security matches the financing documents.

Foreign Acquisition Rules

For foreign natural persons, Law No. 6302 removed the former reciprocity condition in 2012. Nationality eligibility, area and location restrictions still require review. Foreign legal entities and Turkish companies with foreign investment have distinct acquisition rules under Land Registry Law Articles 35 and 36.

Sources & Authorities

Statutory framework and official guidance for this definition.

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