In Real Estate Mortgages Received as a Credit Guarantee: An Assessment on the Problems Encountered by Banks

Abstract

Banks are trust institutions that have a very different and important place in trading companies in terms of their fields of activity, institutions, management, internal audit systems, financial reporting, equity capital, capital adequacy ratios and independent audits. Therefore, with the Turkish Law of Obligations No. 6098, primarily the Banks Act No. 5411, and A.Ş. They are also subject to the Turkish Commercial Code No. 6102, since they were established.

In Article 1 of the Banking Law No. 5411, this law regulates the principles and procedures for ensuring trust and stability in the financial markets, operating the credit system effectively and protecting the rights and interests of savers. Legal regulations regarding the establishment and activities of banks are regulated by a separate law in order to ensure that financial markets operate in confidence and stability, in accordance with economic and social needs.

Banks are required to return the money they use to serve the interests of both the bank, the society and the whole economy while trading money, which is the main field of activity, to transfer the money they collect from people with excess funds to the sector in need of funding.

Banks; From time to time, they try to eliminate the risk of non-payment that may arise during the repayment of the loan by establishing mortgages on real estates registered to individuals and / or companies in order to provide collateral for loans extended to individuals or companies. Some problems arise due to real estate mortgage transactions taken as collateral by banks. These problems may cause the credit guarantee to weaken, increase the risk or cause legal problems for the credit customer or third parties doing business with the credit customer. As a result of the end of the loan debt or the bank changing the credit conditions, the existing mortgage on the real estate must be removed. In practice, parties may encounter some problems, from mortgage transactions to receipt transactions. Banks have important duties in solving these problems. In the study, mortgage transactions as a bank guarantee, legal dimension of mortgage transactions, problems encountered during the establishment and removal of mortgages, and discussions about these issues, legal legislation, judicial decisions will be examined. In this framework, the responsibility of banks will be tried to be evaluated legally.