An objection can be filed with the enforcement court within 7 days from the notification against the value assessment given to the seized real estate by the enforcement office. This subject is regulated under Article 128 of the Enforcement and Bankruptcy Code. According to the established case law of the Supreme Court 12th Civil Chamber, if the value has been assessed too low, the irregularity of sale comes to the agenda and the sale can be annulled.
Objection Period and Court
An objection must be filed by petition to the enforcement court where the property is located, within 7 days from the notification of the enforcement office's value assessment report. This period is a strict deadline.
Who Can Object?
- Debtor: Due to the value being assessed too low
- Creditor: Due to the value being assessed higher than necessary
- Third party pledge creditors
- Sale buyer (through sale annulment after the sale)
Reasons for Objection
- The expert report not being consistent with comparable values
- Incorrect evaluation of the property's features (m², year of construction, location)
- Insufficient qualification of the expert
- Not taking market conditions into account
- Methodological errors (no comparison, no income analysis)
Court Process
After the objection petition is received, the court usually appoints a new expert (a panel of 3). The experts inspect the property on site and provide a report. Objection to the report is also possible. The court can change the value assessment according to the new report.
Court Costs
- Court fee: 0.5-1.5% of the value
- Expert fee: 5,000-15,000 TL (2026)
- Attorney fee: According to the contract
- Notification costs
Sale Annulment Lawsuit
If the sale has been made without objection to the value assessment or if there are other irregularities in the sale process, a sale annulment lawsuit can be filed. A petition must be submitted within 7 days from the sale date.
As Elazığ Law Office
In enforcement law processes, we provide professional support to our clients on: value assessment objections, sale annulment lawsuits, representation in the sale process, creditor/debtor balance considerations.