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Title & Cadastre

Attachment (Haciz)

Enforcement-office seizure of a debtor's property to satisfy a claim. Governed by Enforcement and Bankruptcy Code arts. 78 ff. Real-estate attachment is noted on the title registry.

Attachment (Turkish: *Haciz*) is the seizure of a debtor's property by the enforcement office to satisfy a claim, and the subsequent sale of those assets to realise the debt. Governed by Enforcement and Bankruptcy Code (İİK) arts. 78 ff.. Attachment is an enforcement measure — it does not create the claim itself; the legal basis of the claim (judgment, enforcement-document, promissory note) must exist beforehand.

Real-estate attachment process: (1) Execution begins — with or without judgment depending on source (İİK arts. 32, 42). (2) Payment order served on the debtor — if no objection within 7 days (or objection removed), the creditor can request attachment. (3) Attachment order is issued; a directive goes to the land registry office. (4) The attachment is noted in the notes column of the title registry — the debtor can no longer dispose of the property freely (sale is technically possible but the attachment binds the buyer too).

Order and priority: Attachments are recorded in order. An earlier attachment on the same property has priority over later ones (İİK art. 100). However, if a mortgage was created before the attachment date, the mortgage creditor has priority (mortgage priority). Example order: (1) Mortgage creditor — up to mortgage amount; (2) Attachment creditors — in order.

Sale (İİK arts. 114-128): Attached property is sold at public auction. Auction date is announced; in the first auction, the sale goes through if 50% of the estimated value + 40% remaining after privileged claims is reached. If no sale, a second auction is held under similar lower thresholds. Sale proceeds go first to privileged creditors (mortgage, tax, builder), then distributed to attaching creditors in order.

Lapse and removal of attachment: On payment of the debt, the creditor requests removal of attachment; the registry cancels the note. If no sale is requested within 1 year of attachment, the attachment lapses automatically (İİK art. 106). Creditors must therefore follow up.

Non-attachable assets (İİK art. 82): Assets securing the debtor's minimum living conditions (essential household goods for the family, limited work tools etc.). The sole residence (family home) is attachable — the family-home notation (TMK art. 194) protects against unilateral disposition but does not grant non-attachability.

Examples

  • 1.A person with TRY 300,000 in credit-card debt — the bank started enforcement. No objection to the payment order was filed; the bank requested attachment. The debtor's apartment was noted with an attachment in the title registry; the enforcement office held a public auction.
  • 2.On one property: TRY 2 million bank mortgage (registered 2 years earlier) + TRY 500,000 attachment. Property sold for TRY 2.8 million → bank received TRY 2 million from the mortgage; attachment creditor received TRY 500,000 from the remaining TRY 800,000; TRY 300,000 was returned to the owner.
  • 3.Two months after the debt was paid the creditor did not request removal; the debtor applied to the enforcement court, which confirmed payment and ordered cancellation.

Frequently Asked Questions

What's the difference between attachment and mortgage?expand_more
A **mortgage** is a **real right** created with registration and the debtor's consent — collateralising a property for a debt (e.g. a credit). An **attachment** is an enforcement measure — imposed involuntarily when a debt is unpaid. A mortgage is a **reliance-worthy real right**; an attachment is a **notation**, with additional steps required for sale. An earlier mortgage has priority at sale.
Can an attached house be sold?expand_more
Yes, the owner can legally sell — but the attachment binds the new buyer, who takes the property subject to the attachment. In practice, buyers avoid attached properties. If sale occurs, the buyer can pay off the debt to remove the attachment or take the enforcement-sale risk. The new owner is responsible only for the attachment, not the underlying debt.
How long does an attachment last?expand_more
Under İİK art. 106, if the creditor does not request sale within **1 year** of the attachment, it **lapses automatically**. Submitting the sale request suffices; completion of the sale does not restart the period. On lapse, the notation is cancelled at the registry. The creditor can request a new attachment, but priority order changes.
Can my family home be attached?expand_more
Yes, **it can be attached**. The family-home notation (TMK art. 194) only prevents unilateral sale without spousal consent — it does not grant non-attachability. İİK art. 82's non-attachable list does not include 'sole residence'. Post-sale, arrangements may preserve minimum housing for the family. If you are neither a debtor nor a guarantor yourself, your own assets cannot be attached.

Related Terms

Mortgage (İpotek)OwnershipTitle Registration

Sources

  • • Enforcement and Bankruptcy Code (Law 2004, İİK) arts. 78-128 (attachment and sale)
  • • İİK art. 82 (non-attachable items)
  • • İİK arts. 100, 206 (order of priority)
  • • İİK art. 106 (lapse if no sale requested within 1 year)

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Last updated: 2026-04-24