KÜHEYLAN HUKUK
Removal of Seizure and Time to Request Sale: When Will Seizure Be Released on Its Own? Within the scope of EBL Article 106 and Article 110, the 1-year period, the cases of cancellation of the lien and the creditor's right to re-seizure have been updated as of 2026.
Placing a lien does not mean that the receivable has been collected. If the creditor does not request a sale within the period stipulated by law, the lien is automatically terminated. This period is 1 year from the date of seizure; If a sale is requested but no results are obtained, it will be extended for 1 more year. The guide explains how the sales request period works, in which cases the lien is dropped, how to remove the dropped lien from the registry, and what opportunities the creditor has in this case. The issue is of vital importance for both the creditor and the debtor.
1. What is the Sales Lead Time?
Seizure creates a temporary binding force on the debtor's property in favor of the creditor. However, it is wrong to think that this bond is indefinite. The Execution and Bankruptcy Law expects the creditor to request the sale of the property in order to convert it into cash after the seizure. This request is called a “sale solicitation”; The period within which the request can be made is regulated in Article 106 of the EBL.
The period starts from the date on which the seizure is actually or dematerialized. The basis is not the date of the seizure decision or the request, but the moment when the lien on the property is applied. The same annual period applies for receivables held by third parties, such as bank accounts; The lien notice sent to the bank is considered as a sales request in the Supreme Court practice.
Law No. 7343 removed the distinction between movable and immovable properties and combined the period into 1 year. The change applies to liens after the effective date; The old terms are valid for previous liens. If a sale is requested but the auction does not yield results, the period for the creditor requesting the sale is extended by 1 year, bringing the total to 2 years. This extension is only valid for the creditor requesting the sale.
If no sale is requested: If no sale request is made within the annual period, the lien is automatically lifted.
If the expense is not deposited: If the expense determined by the enforcement director is not deposited within 15 days after the sales request, the lien will be terminated.
If the request is withdrawn: If the sales request is withdrawn and not renewed within the period, the lien will be forfeited.
Removal of the lien does not terminate the receivable. The receivable continues; Only the binding for that good is eliminated. The creditor may request re-seizure, but the new lien is ordered according to its own date. This may mean falling behind in line for the creditor if other creditors have liens on the same property.
4. How to Remove a Lost Lien from the Registry?
When a lien occurs, title deed, traffic and bank records are not automatically cleared. The debtor must apply to the enforcement office to request the removal of the lien. If the request is rejected, a complaint can be made to the enforcement court (EBL Article 16) within 7 days.
1. The date of seizure and whether a sales request has been made are checked from the file.
2. If the period has expired, a request for release (removal of the lien) is submitted to the enforcement directorate in writing or via UYAP.
3. If the request is rejected, a complaint is made to the enforcement court within 7 days from the notification of the rejection decision.
4. The court decision is notified to the relevant registry (land registry, traffic, bank).
5. Why is Requesting a Sale Critical for the Creditor?
The biggest risk for the creditor is that the deadlines that need to be followed in more than one file and more than one lien are overlooked. In large portfolios or long-lasting files, a different date applies for each lien. When the deadline is missed, the lien is lifted and the debtor can transfer the property to a third party. In this case, the creditor may have to resort to cancellation of the disposition.
The opportunity to sell by consent (EBL art. 111/a) also requires attention in terms of time. The debtor may request authorization within 7 days from the notification of the valuation assessment. Initiation of sales transactions is possible with the creditor's request and the timely payment of the expense.
A creditor seized the debtor's vehicle on March 15, 2025. The vehicle was not requested for sale and the file remained inactive for a while. The debtor wanted to sell the vehicle after March 2026, but could not make the transaction due to the seizure notice in the traffic registry.
The foreclosure was dropped because no sale was requested within a 1-year period. However, since the registry record is not automatically deleted, the debtor must request an annulment to the enforcement directorate. The creditor may re-seizure; However, in this lien, the order is determined according to the new date and the liens of other creditors may take precedence.
Will the debt also decrease after the foreclosure is removed?
No. Even if the lien is dropped, the receivable continues. The creditor may request a new lien or apply for other goods and rights.
I requested a sale, but the auction was unsuccessful. What happens?
For the creditor who requests the sale, the period is extended by 1 year, thus increasing the total period to 2 years. A resale request must be made within this period.
If there is more than one creditor, is the period the same for everyone?
The duration is evaluated separately for each creditor. The extension for the creditor who wants to sell may not be valid for others.
What should I do if the lien has been dropped but remains on the registry?
The owner of the seized property may apply to the enforcement directorate to request release. If the request is rejected, a complaint is made to the enforcement court.
Making calculations without taking into account the difference between old and new periods
Not taking into account that the debtor can transfer the property in case the lien is released.
The sale request period is the silent but most effective period of enforcement proceedings. For the creditor, missing the deadline means losing priority over the property; For the debtor, the termination of the lien in due time means the release of the bond on his property. Küheylan Law Firm protects the rights of creditors by regularly monitoring the seizure, sale request and expense periods in enforcement files, and ensures that the liens for debtors are removed from the registry; For file review, an appointment can be requested via info@kuheylanhukuk.com.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. In enforcement and bankruptcy law, the periods are short and the consequences are heavy; Since each file has its own unique conditions, it is recommended to get support from a lawyer before taking action. © 2026 Küheylan Law Firm. All rights reserved.
KÜHEYLAN HUKUK