1. Legal Nature and Validity of Mortgages with F.B.K. Clause 

The phrase “F.B.K.” (Fekki Bildirilinceye Kadar – Until Revocation is Notified) found in land registry records indicates that the mortgage has been established indefinitely. According to the decision of the 12th Civil Chamber of the Court of Cassation, dated 13.02.2025, numbered 2024/7404 E. and 2025/1143 K., this statement is not an acceleration clause but a qualification regarding the duration of the mortgage, and such mortgages are “definite debt mortgages.” Similarly, in the decision of the 11th Civil Chamber of the Court of Cassation, dated 27.03.2025, numbered 2025/115 E. and 2025/2203 K., it was stated that mortgages established with the phrase F.B.K. are “upper limit mortgages” (limit mortgages), established as security for claims that have not yet arisen or whose amount is not certain. In the decision of the Ankara West Civil Court of Commerce, dated 24.04.2025, numbered 2025/39 E. and 2025/447 K., it was expressed that such mortgages secure all risks of the debtor with the bank, such as credit, checkbook, suretyship, and expenses.

2. Conditions for the Removal of Term Mortgages and Regulation under TCC 883/2 

The termination and deregistration of fixed-term mortgages have been made subject to a special procedure with the paragraph added to Article 883 of the Turkish Civil Code (TMK) by Law No. 7181. According to the decision of the 12th Civil Chamber of the Court of Cassation dated 07.04.2025, numbered 2025/1054 E. and 2025/2822 K., and the decision of the 3rd Civil Chamber of the Court of Cassation dated 26.05.2025, numbered 2024/4248 E. and 2025/3009 K.; if the mortgage was established for a fixed term, if the annotation specified in Article 150/c of the Enforcement and Bankruptcy Law (annotation arising from enforcement proceedings) is not placed on the immovable property within thirty days from the end of the term, the mortgage will be directly deregistered by the land registry directorate upon the owner’s request. The decision of the Istanbul 1st Commercial Court of First Instance dated 15.10.2020, numbered 2020/67 E. and 2020/448 K., emphasized that this legal regulation allows for the deregistration of a mortgage upon the unilateral declaration under certain conditions.

3. Removal of Mortgage Upon Debt Payment

 Payment of the debt constitutes a fundamental reason for the termination of the mortgage. Pursuant to Article 883/1 of the TMK, when the claim ends, the owner of the immovable property may request the creditor to deregister the mortgage (Court of Cassation, 3rd Civil Chamber, 10.07.2023, 2022/7658 E. – 2023/2063 K.).

Creditor’s Obligation: When the debt is paid, the creditor bank or individual has an obligation to remove the mortgage. In the decision of the 3rd Civil Chamber of the Court of Cassation dated 25.05.2023, numbered 2022/8662 E. and 2023/1614 K., it was stated that when the loan debt is settled, the bank must remove the mortgage without requiring any additional written application from the consumer.

Status of Upper Limit Mortgages: In the decisions dated 04.07.2024, numbered 2024/334 E. and 2024/693 K. of the Kayseri 2nd Civil Court of Commerce, and dated 12.04.2022, numbered 2020/632 E. and 2022/240 K. of the Ankara 9th Civil Court of Commerce, it was emphasized that for the discharge of the mortgage, all principal and surety debts (loan, expenses, etc.) of the debtor to the bank must be fully paid, and that the mortgage cannot be lifted while there is an outstanding debt.

4. Necessity of Court Decision and Legal Remedy

The process of lifting a mortgage can occur administratively or judicially, depending on the creditor’s consent or the fulfillment of legal conditions:

Cancellation Through the Land Registry Directorate: In term mortgages, if the annotation of EBL (Enforcement and Bankruptcy Law) Article 150/c has not been processed within 30 days from the expiry of the term, the owner can apply directly to the land registry directorate and have the mortgage cancelled without needing a court decision (Court of Cassation 7th Civil Chamber, 19.09.2024, 2023/4734 E. – 2024/3970 K.).

Cancellation by Lawsuit (Mortgage Discharge Lawsuit): If the creditor does not lift the mortgage or fails to fulfill their commitment for cancellation despite the debt being paid, the immovable property owner must file a “mortgage discharge” lawsuit with the court (Sakarya Regional Court of Justice 7th Civil Chamber, 19.12.2024, 2023/1417 E. – 2024/1879 K.). According to the decision dated 16.01.2020, numbered 2019/221 E. and 2020/19 K. of the Istanbul Anatolian 13th Civil Court of Commerce, the court rules for the cancellation of the mortgage if it determines that the principal, default interest, and enforcement costs have been paid, or by ensuring these amounts are deposited.

Assessment of Unfair Term: In the decision of the 3rd Civil Chamber of the Court of Cassation dated 16.12.2024, numbered 2024/545 E. and 2024/4360 K., it was stated that if the “indefinite/broad scope” mortgage provisions included in housing loan agreements, which also cover other debts beyond the loan itself, are not negotiated with the consumer, they may be considered an “unfair term” and deemed invalid, and in such a case, a court decision for release (of the mortgage) may be issued upon repayment of the debt.

In conclusion; While mortgages with the F.B.K. clause are considered indefinite and valid, they must be removed by the creditor upon full repayment of the debt. While a court decision is required in cases where the creditor does not consent; in mortgages with a definite term, if the term expires and legal enforcement is not annotated within 30 days, direct action can be taken at the land registry office is possible.

Frequently Asked Questions (FAQ)

What does the abbreviation F.B.K. mean?
The abbreviation “F.B.K.” in the land registry record stands for “Fekki Bildirilinceye Kadar” (Until its Release is Notified) and indicates that the mortgage is established indefinitely instead of for a specific term. This means that the mortgage will not expire automatically; instead, it can be cancelled upon repayment of the debt, agreement between the parties, or a court decision.

Is an F.B.K. mortgage invalid or defective?
No. The fact that it is established indefinitely does not invalidate the mortgage; this clause is not a condition for acceleration (making the debt immediately demandable) but rather a characterization regarding the term of the mortgage. These types of mortgages typically serve as a maximum limit (limit) or definitive debt mortgage, securing all risks of the debtor to the bank, such as credit, checks, suretyship, and expenses.

When my loan debt ends, shouldn’t the bank automatically remove the mortgage?
When the debt is completely extinguished (Turkish Civil Code art. 883/1), the owner of the immovable property may request the creditor to cancel the mortgage, and the creditor’s obligation to fulfill this arises. Especially in consumer housing loans, it is expected that the bank will remove the mortgage when the debt ends; however, in practice, due to many banks not acting *ex officio* (on their own initiative), the owner may need to follow up.

I’ve paid a portion of my debt in a maximum limit mortgage, can I have the mortgage removed?
Generally, no. Since maximum limit mortgages cover all of the debtor’s principal and suretyship debts (loan, expenses, etc.) to the bank, it may not be possible to completely remove the mortgage as long as a remaining debt exists. For cancellation, all risks must be closed.

How is a temporary mortgage (mortgage established for a definite term) removed?
According to the regulation added to Article 883 of the Turkish Civil Code by Law No. 7181, if a follow-up annotation (takip şerhi) is not placed on the immovable property within 30 days from the expiration of the term for temporary mortgages, under Article 150/c of the Enforcement and Bankruptcy Law, the mortgage can be directly cancelled by the land registry office upon the owner’s request, without the need for a court decision.

What should I do if the bank does not remove the mortgage even though the debt is paid?
If the creditor does not remove the mortgage or fulfill their commitment to cancel it despite the debt being paid, the owner of the immovable property must file a lawsuit for “cancellation of the mortgage” (ipoteğin fekki). The court will rule for the cancellation of the mortgage if it determines that the principal, default interest, and enforcement costs have been paid, or by ensuring these amounts are deposited.

Is the “comprehensive/perpetual mortgage” clause in the contract always valid?
Not always. Provisions for comprehensive/perpetual mortgages, which are included in housing loan agreements and cover other debts besides the loan, may be considered an “unfair term” and deemed invalid if not separately negotiated with the consumer; in this case, a decision for release (of the mortgage) can be made when the debt is paid.

Which court has jurisdiction and competence in a mortgage release lawsuit?
Since the competent court may vary depending on the parties and nature of the dispute (e.g., commercial relationship, consumer transaction), it is crucial to determine the correct court before filing a lawsuit. A lawsuit filed in the wrong court may lead to loss of time and rights; therefore, professional legal evaluation is recommended.

Why is Expert Lawyer Support Necessary? — 2M Law Office

Mortgage release processes, although they may seem like a simple “land registry transaction” at first glance, require completely different legal approaches depending on the nature of the mortgage (definite debt / upper limit), its establishment method (fixed-term / indefinite / F.B.K.), and the type of debt relationship (consumer loan / commercial loan / suretyship). Treating a collateral relationship in an upper-limit mortgage as a definite debt mortgage, incorrectly calculating the amount to be deposited, or filing a lawsuit in an incompetent court can result in unnecessary expenses, prolonged litigation, and loss of rights.

Operating in the fields of real estate, condominium law, and commercial law in Istanbul’s Anatolian Side (Tuzla, Pendik, Kartal, Maltepe) and the Kocaeli region, 2M Hukuk Avukatlık Bürosu provides clients with support in mortgage release processes on the following matters: determining the legal nature of the title deed record and mortgage annotation, examining whether the debt has truly been extinguished through bank records, evaluating the possibility of administrative cancellation at the land registry directorate, initiating a mortgage release lawsuit in the correct competent and authorized court when necessary, and properly presenting claims of unfair terms.

Most mortgage disputes attempted to be resolved through individual initiatives are prolonged due to missing documents or incorrect legal characterization. If you are facing a mortgage on your property that prevents its sale or the establishment of a new loan, seeking advice from an expert lawyer before starting the process is the safest way in terms of time and cost.