Independent real estate purchase for citizenship purposes seems straightforward until it becomes clear that the property is encumbered by someone else's debt, which the buyer was unaware of. Marat independently found and purchased an apartment in Bodrum for 420,000 USD under the investor citizenship program, but later discovered that the land under the building was mortgaged by the developer to the bank, and due to this, the migration service blocked his application. We explain step by step how we removed the encumbrance and saved his status.
Case at a glance
Situation, solution and outcome in seven lines
Client
Marat, approximately 45 years old, from Kazakhstan
Action Taken
independently purchased an apartment in Bodrum for 420,000 USD
Problem
land under the building mortgaged by the developer to the bank (encumbrance)
Program
Turkey, Citizenship by Investment
Consequence
migration service blocked the citizenship application
Solution
remove the encumbrance from his share through negotiations and pre-litigation claim
Result
mortgage removed, citizenship granted
Client story
Client's Story
Where they started
Marat decided to save money on intermediaries and obtain citizenship independently: he found a good apartment in Bodrum, negotiated with the developer, paid 420,000 USD of his own funds, and applied for investor citizenship. Everything appeared correct—the amount exceeded the threshold, the property was real, and documents were in hand.
Why the standard route did not work
Then came the block. The migration service, upon verifying the property, identified an encumbrance (a legal restriction attached to the real estate): the land under the building had been mortgaged by the developer to the bank as security for his own loan. For the program, this is a deal-breaker: an apartment with mortgaged land beneath it is not considered a clean qualifying investment.
What BRIDGES had to solve
Marat found himself in a difficult situation through no fault of his own: money paid, apartment purchased, yet citizenship was suspended due to someone else's debt. He had not noticed this mortgage upon purchase himself—developers are not keen to highlight such details, and an inexperienced buyer focuses on the apartment itself rather than on the land beneath the entire building being mortgaged.
Why a standard answer would not do
Marat contacted BRIDGES, understanding that the solution was not to dispute the purchase, but to clear the property: to achieve removal of the encumbrance from his share so the apartment would become clean and the citizenship application would be revived. This required work at the intersection of real estate and legal pressure on the developer.
I purchased the apartment myself, paid 420 thousand, applied for citizenship—and they blocked it. It turned out the land under the building was mortgaged by the developer to the bank, and I didn't even notice it. I paid the money, but got no passport because of someone else's debt. Igor didn't throw up his hands—he pressured the developer, achieved removal of the encumbrance from my share through a pre-litigation claim, and the apartment became clean. They unblocked my application. I wouldn't have managed this myself.
What Was at Risk
What Was at Risk
Only clean real estate without encumbrances qualifies for citizenship. If the land under a building is mortgaged by the developer to the bank, the property is not considered a full investment for the program, even if the buyer paid honestly. An independent buyer often fails to notice such a mortgage—focusing on the apartment itself rather than land rights.
migration service blocks the application due to land mortgage;
01the purchased and paid-for apartment is not considered a clean investment;
02money paid, yet citizenship is suspended due to someone else's debt;
03the buyer is not at fault, yet suffers the consequences;
04without removing the encumbrance, the status cannot be processed.
The logic of the solution
How the matter progressed: from checks to result
The chart is built from the facts of this matter and shows the logic of the work without decorative or unverified data.
01
Stage 1
We precisely established what the encumbrance was and what it was attached to. First, we reviewed the documents for the property and land and understood the mechanics: the developer had mortgaged the land under the entire building to the bank as security for his loan, and this restriction affected Marat's share. The difficulty was in separating his apartment from the general mortgage - proving that his specific portion could be cleared.
02
Stage 2
We confirmed that Marat's purchase was genuine and fully paid. Before pressuring the developer, we gathered evidence: the contract, confirmation of full payment of $420,000, and transaction registration. This gave Marat a strong position - he was a good faith buyer who paid in full, while the problem was created by the developer.
03
Stage 3
We approached the developer with a concrete demand, not a request. Removal of the encumbrance is an action that must be performed by the debtor (developer) and the mortgagee bank. We did not persuade, but demanded the release of Marat's share from the mortgage, relying on his rights as a good faith buyer. When negotiations stalled, we moved to the next step.
04
Stage 4
We prepared and submitted a pre-litigation claim. To force the developer to act, we filed a pre-litigation claim (official demand specifying consequences prior to court). The difficulty was in structuring it with legal rigor - to show the developer that inaction would lead to court, where the position of a buyer who paid is strong. This moved the case forward.
05
Stage 5
We obtained removal of the encumbrance from the share and verified its cleanliness. Under pressure, the developer and bank released Marat's share from the mortgage. We did not accept this at face value, but verified the updated documents: we confirmed that the apartment is now legally clean, with no traces of previous encumbrance.
Takeaway. only legally clean real estate qualifies for citizenship. A developer's mortgage blocks even a paid purchase, and what must be corrected is the encumbrance, not the transaction, relying on the rights of a good faith buyer.
How we solved the problem
How we solved the problem
The work was split into verifiable stages so that every conclusion rested on documents.
01
We precisely established what the encumbrance was and what it was attached to
First, we reviewed the documents for the property and land and understood the mechanics: the developer had mortgaged the land under the entire building to the bank as security for his loan, and this restriction affected Marat's share. The difficulty was in separating his apartment from the general mortgage - proving that his specific portion could be cleared.
02
We confirmed that Marat's purchase was genuine and fully paid
Before pressuring the developer, we gathered evidence: the contract, confirmation of full payment of $420,000, and transaction registration. This gave Marat a strong position - he was a good faith buyer who paid in full, while the problem was created by the developer.
03
We approached the developer with a concrete demand, not a request
Removal of the encumbrance is an action that must be performed by the debtor (developer) and the mortgagee bank. We did not persuade, but demanded the release of Marat's share from the mortgage, relying on his rights as a good faith buyer. When negotiations stalled, we moved to the next step.
04
We prepared and submitted a pre-litigation claim
To force the developer to act, we filed a pre-litigation claim (official demand specifying consequences prior to court). The difficulty was in structuring it with legal rigor - to show the developer that inaction would lead to court, where the position of a buyer who paid is strong. This moved the case forward.
05
We obtained removal of the encumbrance from the share and verified its cleanliness
Under pressure, the developer and bank released Marat's share from the mortgage. We did not accept this at face value, but verified the updated documents: we confirmed that the apartment is now legally clean, with no traces of previous encumbrance.
06
We unblocked the application and brought it to citizenship
With the cleaned property, we resumed the process: now the migration service saw a clean qualifying investment. Marat obtained Turkish citizenship - his honestly purchased apartment finally served as the basis, freed from another's debt.
How the work went
From first contact to the result
01We precisely established what the encumbrance was and what it was attached to
02We confirmed that Marat's purchase was genuine and fully paid
03We approached the developer with a concrete demand, not a request
04We prepared and submitted a pre-litigation claim
05We obtained removal of the encumbrance from the share and verified its cleanliness
06We unblocked the application and brought it to citizenship
The sequence and timing reflect this specific case and depend on how complete the documents are and on the decisions of the competent authorities.
Expert comment
This is a classic problem of independent purchasing. Marat did almost everything correctly - found the property, paid $420,000 - but missed the main point: the developer had mortgaged the land under the house to the bank. The buyer looks at the apartment, but must look at rights and encumbrances. For the program, a mortgaged property is not a clean investment, which is why the application was blocked. In such cases, I do not challenge the purchase, but clean the property. First, I proved that Marat was a good faith buyer who paid in full - this is a strong position. Then I pressured the developer: negotiations, and when nothing moved - a pre-litigation claim with a direct prospect of court. The mortgage on his share was removed. I always verify a property as if for myself, and here I verified again that it is truly clean. The application was unblocked, the passport was obtained. This is why real estate cannot be purchased blindly.
Outcome
What the client received
What was required
How we did it · Result
Understand the encumbrance
Analysis of rights to property and land · Developer's mortgage identified
Strong client position
Proved good faith payment · Buyer's rights protected
Remove the mortgage
Negotiations + pre-litigation claim · Encumbrance removed from share
Unblock citizenship
Clean property to proceed · Passport issued
Unblock citizenship
Clean property to proceed · Passport issued
What was: the client independently purchased an apartment in Bodrum for $420,000 for citizenship purposes, but the land under the building was mortgaged by the developer to the bank, and the application was blocked. What we did: we established the mechanics of the encumbrance and proved that Marat's share could be cleared; we confirmed him as a good faith, paying buyer; we demanded that the developer remove the mortgage; we filed a pre-litigation claim with the prospect of court; we obtained removal of the encumbrance and verified the property's cleanliness. What the client received: a clean apartment and Turkish citizenship.
Conclusion: only legally clean real estate qualifies for citizenship. A developer's mortgage blocks even a paid purchase, and what must be corrected is the encumbrance, not the transaction, relying on the rights of a good faith buyer.
Marat received his passport for an apartment he honestly purchased - we merely freed it from another's debt that he was unaware of.
Lifting the encumbrance through negotiation and a pre-trial claim lets the deal and the passport reach a result. We will look at your situation.
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FAQ
Questions people ask in a similar situation
01Can one obtain citizenship if there is an encumbrance on the apartment?
No, not until the encumbrance is removed. Only legally clean real estate qualifies for the program. A mortgaged property blocks the application, even if it is paid - the rights must first be cleared.
02Why can a developer mortgage the land under a house?
Developers often mortgage land to banks as collateral for their construction loan. This encumbrance affects apartments in the building, and inexperienced buyers often fail to notice it.
03What should I do if I purchased a property with an encumbrance?
Do not contest the purchase, but pursue the removal of the encumbrance. Relying on the rights of a bona fide purchaser, through negotiations and a pre-litigation demand letter, force the developer and bank to release your share from the mortgage.
04What is a pre-litigation demand letter?
An official written demand specifying consequences before court proceedings. It demonstrates to the developer that inaction will result in litigation, where the position of a paying buyer is strong, and often shifts the outcome.
05How to avoid such a problem when purchasing?
Conduct legal due diligence on the property before the transaction: land rights, presence of encumbrances and mortgages, developer reliability. Purchasing for citizenship requires verification of legal clarity, not merely apartment inspection.
06Which documents were key in this case?
We precisely established what the encumbrance was and what it was attached to. First, we reviewed the documents for the property and land and understood the mechanics: the developer had mortgaged the land under the entire building to the bank as security for his loan, and this restriction affected Marat's share. The difficulty was in separating his apartment from the general mortgage - proving that his specific portion could be cleared. We confirmed that Marat's purchase was genuine and fully paid. Before pressuring the developer, we gathered evidence: the contract, confirmation of full payment of $420,000, and transaction registration. This gave Marat a strong position - he was a good faith buyer who paid in full, while the problem was created by the developer.
07Why did the standard route not suit the client?
Then came the block. The migration service, upon verifying the property, identified an encumbrance (a legal restriction attached to the real estate): the land under the building had been mortgaged by the developer to the bank as security for his own loan. For the program, this is a deal-breaker: an apartment with mortgaged land beneath it is not considered a clean qualifying investment.
08What risk had to be closed before filing?
Only clean real estate without encumbrances qualifies for citizenship. If the land under a building is mortgaged by the developer to the bank, the property is not considered a full investment for the program, even if the buyer paid honestly. An independent buyer often fails to notice such a mortgage—focusing on the apartment itself rather than land rights. migration service blocks the application due to land mortgage;
09How did BRIDGES check that the chosen solution would hold?
We obtained removal of the encumbrance from the share and verified its cleanliness. Under pressure, the developer and bank released Marat's share from the mortgage. We did not accept this at face value, but verified the updated documents: we confirmed that the apartment is now legally clean, with no traces of previous encumbrance. We unblocked the application and brought it to citizenship. With the cleaned property, we resumed the process: now the migration service saw a clean qualifying investment. Marat obtained Turkish citizenship - his honestly purchased apartment finally served as the basis, freed from another's debt.
10What confirmed the result in the end?
What was: the client independently purchased an apartment in Bodrum for $420,000 for citizenship purposes, but the land under the building was mortgaged by the developer to the bank, and the application was blocked. What we did: we established the mechanics of the encumbrance and proved that Marat's share could be cleared; we confirmed him as a good faith, paying buyer; we demanded that the developer remove the mortgage; we filed a pre-litigation claim with the prospect of court; we obtained removal of the encumbrance and verified the property's cleanliness. What the client received: a clean apartment and Turkish citizenship. What was required: How we did it · Result. Understand the encumbrance: Analysis of rights to property and land · Developer's mortgage identified. Strong client position: Proved good faith payment · Buyer's rights protected. Remove the mortgage: Negotiations + pre-litigation claim · Encumbrance removed from share. Unblock citizenship: Clean property to proceed · Passport issued. Unblock citizenship: Clean property to proceed · Passport issued
I lead the international real estate practice at BRIDGES and coordinate cross-border transactions from the selection of an ownership structure through to completion. I assess the legal position of the property and its suitability for the client's objectives.
Before the client assumes obligations under a transaction, I review title and possible encumbrances, assess whether the property is suitable for the client's objectives, and examine the implications of the chosen ownership structure. The review is organised in a clear sequence so that the relevant findings can be addressed before completion.
During the consultation, we will examine the purpose of the acquisition, the proposed ownership model and the intended use of the property. Once the engagement begins, I coordinate the property review, transaction preparation and the key decisions of the BRIDGES team through to completion.
Prepared on the basis of BRIDGES practice and reviewed by a subject-matter expert.
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Names and certain details have been changed to protect client confidentiality. The result described reflects one specific situation and is neither a public offer nor a guarantee of a similar outcome. Programme terms are stated as of 2026 and may change - please confirm current parameters with a BRIDGES consultant.
