Petition Of Objection To Execution Valuation
TO THE ENFORCEMENT LAW COURT ON DUTY A
APPRECIATION OF VALUE
OBJECTOR
(DEBTOR) :
THE PLAINTIFF :…….
ATTORNEYS :…….
DEFENDANT :…….
SUBJECT :.. . Execution Directorate numbered 2017/…E.
is to present our objections to the valuation made for the file.
EXECUTION FILE NO: …çç EXECUTION OFFICE 2017/…E.
NUMBERED FILE.
EXPLANATIONS :
Pursuant to the attached power of attorney, we are the attorneys objecting to the valuation.
.. Execution Directorate’s file numbered 2017/.. E. numbered file of the … Execution Directorate, due to a debt, … province, … District, …u Mah., … Island, .. Parcel B Block 15 numbered independent section was seized and appraisal was made with the expert report dated 00/../.2017.
With the valuation report, the value of the immovable was determined as 500.000,00-TL. The appraisal report was notified to the attorney on ../../.2017 and we object to the appraisal within the legal period.
The last part of the report cannot be read due to the error on the 3rd and 4th pages of the expert report notified to the attorney. From the notified expert report, it is not possible to understand whether it is an expert committee, the date of the report, the signature of the person who issued the report, the profession of the person who issued the report and other details. For this reason, our objections are primarily due to the fact that the notification document is not clear, understandable and legible.
In the appraisal report, although it is stated that the independent section has an area of 144,00m² and its value is 500.000,00-TL, the m² prices of the precedent immovables in the location where the independent section is located are not stated in the report. In addition, the comparison of the house with the precedent immovables and the local purchase and sale market prices are not written in the report in a clear and explanatory manner.
The related immovable is close to Konyaaltı beaches, the University and is a duplex 4+1 apartment in a complex. In addition to the good location, location, zoning status of the house, the living room and rooms of the house are laminate parquet and the floor covering of the other rooms is ceramic. The apartment door is a steel door and the window and balcony door joinery is PVC and heat glass. At the same time, the kitchen countertop of the house is laminated and the upper and lower cabinets are MDF. The immovable is heated with natural gas.
In the expert report, it is stated that the gross area of the immovable is 144,00 m², but the net usage area is not specified. Considering these issues, it will be understood that the value has been determined low. For this reason, it has become necessary to object to the valuation and to request a new determination of the value of the immovable.
CONCLUSION and REQUEST :
For the reasons explained above and to be taken into consideration ex officio, I request that the expert report made by the execution directorate be reversed in accordance with our objections to the appraisal of the immovable property and that it be decided to re-appraise the value of the immovable property and that the costs and attorney fees be left on the plaintiff. Sincerely yours. 25.11.2017
Attorney for the Objector to Appraisal
…………………………………….
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