I was asked today why I wanted to know who MUSTAFA GUNER is.
The reason is simple. He is allegedly the former Director of Akfinans Bank Limited who under Kocan number 8451 allegedly has my villa at 5 Demokrasi Sokak, Karsiyaka registered at the Tapu in his name.
I want to ask him if he knows why my villa was taken by force when the bank illegally broke in on the 30th July 2010?
I want to ask him if he paid any money for my villa?
I want to ask him if and why he was party to this transaction and why if he was, does allows the bank to use it?
I want to ask him if he agrees it is okay to be party to helping to take the life savings of pensioners?
I wanted to ask him if he was aware of the Judgement that came out of Kyrenia District Court on the 4th December 2014, which if upheld on Appeal could allegedly see him having stolen property in his name?
The information about this transfer was given voluntarily to our advocate on the 3rd October 2012 by the Advocate acting for the bank so one has to assume it is kosher. Doesn’t one? At the same time all the other Kocan numbers were given too, which totaled 15 in all, two more than even I was aware of.
Now why would you leave two For Sale signs outside my villa unless it was intention to sell it?
We all know of the cosmetic manoeuvre made by the bank in putting my villa into the name of a former Director Mustafa Gune; Kocan number 8451. I am being told MY villa cannot be put back into the name of the landowner as per the judgement made by Judge Talat Usar because of this transfer. Yet we also all know that despite this cosmetic move, the bank have used my home as a weekend retreat regularly.
If you accept that the Judge’s decision that the mortgage ergo the auction was fraudulent, you then cannot isolate one of the victims, i.e. me, and treat her differently to the rest of the victims. If you do that then you are saying it is okay for the bank to have fraudulently transferred my villa into the name of Mustafa Guner. Is one fraud lesser than the other, or even acceptable?
My villa never belonged to the bank, they had no right using it, they had no right transferring it, yet it seems no one is listening to this very obvious fact.
They took it by force, they have made my life a living hell for objecting to this, now it seems I am singled out again for more ‘special’ treatment.
Bad enough to be victimised by the bank but I refuse to be victimised by the legal system too.
Where is the justice for me Pauline Ann Read? I want the bank to be stopped from selling my villa. Why are my needs any less than any other member of Kulaksiz 5. Where is MY justice?
Pauline Ann Read
“Prime Minister Ozkan Yorgancioglu met with a Making North Cyprus Better (MNCB) delegation recently, and promised them early action on enacting law amendments outlawing Stealth Mortgages and introducing Specific Performance for property contracts.
Included in the delegation were leading businessman Mustafa Toros, and MNCB members: former Chief Justice Taner Erginel, former President of the Chamber of Commerce, Erdil Nami, and MNCB Joint Secretary Malcolm Mitchieson.
The delegates explained to the Prime Minister that serious injustices towards many home buyers, Expatriate & Cypriot, were still going on.
Until these issues were resolved the depressing impact on the Property Market for North European buyers would continue. This
problem continues to have a serious effect on the TRNC economy and job opportunities.
Mr Yorgancioglu was advised that unless these historical problems were resolved there would be a continuing lack of confidence to invest in TRNC housing by overseas buyers. The Prime Minister agreed that restoring confidence in the overseas House Buying Market was an essential driver towards economic prosperity in the TRNC.
The delegates drew the Mr Yorgancioglu’s attention to the current injustice that was due to some Banks, Developers and Landowners exploiting the present law & property process anomalies that allows them to damage home buyers.
New legislation has already been enacted with better safeguards for new buyers, but the historical tragedies to so many home buyers had been ignored by Government up until now. This is still a big issue here and internationally, by depressing the local economy and being damaging to the TRNC’s overseas investment reputation.
MNCB contention is that some Developers, Landowners and Banks are exploiting home buying victims due to wrong interpretation of or are using loopholes in the present law. The purpose of the simple amendments proposed is to clarify buyers rights and bring things into line with good practice.
A report detailing the simple law amendments was handed to the Prime Minister by Taner Erginel, who explained in detail how these injustices had occurred. Mr Yorgancioglu agreed to implement these essential changes in Law as quickly as possible and to keep MNCB informed of progress towards this. Taner Erginel agreed to assist any re-drafting and suggested that specialist legal advice should be sought to help.
The changes sought will mean that any mortgage granted on land without the specific approval of contracted property buyers will be considered illegal. The Specific Performance law will ensure that contracts are honoured and make it illegal to mortgage land already under contract. These elements are already enshrined in TRNC Mortgage & Equity Law but have been virtually ignored.
The changes to the Law envisaged will make the position clear on these points. When enacted these simple changes to the law will enable thousands of home buyers to be free of the threat of repossession or additional Stealth charges.When Mr Yorgancioglu delivers the promised amendments, in line with Mr Erginel’s advice, it will be a breakthrough celebrated by many Cypriot & Expatriate home buyers.
Mr Yorgancioglu will also have delivered a great boost to restoring the attractiveness of the TRNC property market. North Cyprus will then be well positioned to take advantage of any recovery in the European property market with a resulting increase in job opportunities.”
I met with Mr Yorgancioglu when he was in opposition to the then Government and he was very sympathetic to the K5′s plight, so let us hope that now he is in power he will help all victims of stealth mortgages. Ensuring it cannot happen again is very important but of little or no use to existing victims.
Let us hope that since so much time has passed, this will not go on the back burner, like the changes in the Citizenship law.
Never give in never give up.
I am told that last night there was a 2 hour TV programme on Channel T TV in north Cyprus devoted to discussing the recent Judgement in favour of the Kulaksiz 5 and its implications. Good publicity for all with ‘stealth’ mortgages or indeed memorandums on their properties.
There was a panel consisting of Boysan Boyra as the Chairman, Hasan Alkan, Attila & Malcolm Mitchison with Evren interpreting.
The guest panel was David Wilson and Phil Watkin-Jones, owners from K5, there were also representatives from Harmony and Olympus sites ( Boyut purchasers) who have stealth mortgages on their properties put on by the Near East Bank.
The programme masterminded by Boysan did a tour of the K5 site examining the unacceptable behaviour of creditors and the tragedy they caused.
The programme went out in Turkish, it finished off with clips of the K5 on-site celebrations and a rerun of the DVD “Banks Behaving Badly”.
Whilst my villa sits on the site looking like the castle belonging to the feudal lord, the rest of the properties are deteriorating rapidly, due to their being so badly built. The future at least looks a little rosier for the other owners. For me and Eva McCluskey I cannot say, although my villa is the only one transferred into the name of a third party, albeit a cosmetic transaction since the bank family weekend in my property. Now even the District Court acknowledge that the mortgages and auction that followed was fraudulent, ergo my villa was never theirs to dispose of or live in. Interestingly, they put 5 CCTV cameras around my villa, were they always unsure of their tenure?
More coverage¹ for the Kulaksiz 5 decision coming out of Kyrenia Court. If the Appeal court too finds in favour of Kulaksiz 5, then a very important precedent will have been set.
We all know that today’s news is tomorrow’s fish and chip paper, so it is important to keep it on the front burner and in the public eye for as long as possible.
I have been criticised by many for my outspoken condemnation of what happened on the K5 site but I firmly believe my contribution was positive and that had this case been other than high profile, the situation today could be very different. I have never lied.
There are those who said K5 would lose because of me, those who thought keeping their mouths shut and their heads down was the way to go. I never believed that and I still do not.
I have not, nor will I ever reveal the K5 strategy in their case, but will not stay silent and pretend this injustice has not happened. If and when the Appeal court rule in our favour, we still have a huge mountain to climb to see some sort of recompense for our six plus years of stress and suffering both physically and financially.
At the moment, the judge has ordered that the properties revert back to the situation they were at prior to the alleged illegal mortgage and auction. This means that the parcelisation and issuing of separate Kocans by the bank is null and void and that the two Kocans in the name of the owner are reinstated. In other words, the six years that have elapsed when the real owners could have taken title and got on with their lives, have been wasted.
Of course during this time the bank have transferred my villa, which they weekend in, into the name of Mustafa Guner on Kocan 8451. This was the situation on the 3rd October 2012, let us hope it has not subsequently changed hands again.
Since the Judge has decreed that the mortgage and auction were fraudulent, one assumes so was this transfer. Interestingly Mr Guner appears on the Onay Belgesie as one of the Bank’s Directors at the same time Mr Ersin Tatar (former Finance Minister) was also a Director of the Bank.
Never give in never give up.
The news of the land mark victory Kulaksiz 5 won at the District Court is now receiving the sort of publicity such a verdict deserves, but we must be mindful of the fact that this decision by Judge Usar is not the final verdict.
Due process, quite rightly allows for the loser in any such case to appeal against the verdict. Akfinans, according to some sources, will exercise that right. I cannot blame them since had the verdict gone the other way, the K5 would most certainly have lodged an appeal. It would be nice if the old people, of whom I am one, were spared this further ordeal but it seems we will not be.
Whilst sometimes I despaired of the extraordinary lengths to which the bank went to gain possession of the K5 homes, I now believe it is time for the red mist to disperse and there to be a period of calm reflection. Time to mend fences and to proceed forward in a less confrontational manner. I never thought to be writing words in this manner but, as a Christian, I know I have to forgive and I do forgive.
As I have said, there is so much coverage of the decision that I think now the press feel the gag has been loosened and they are able to report events in a less cautious manner.
Here is one more coverage of the landmark decision of Thursday 4th December 2014.¹ You see they refer to the decision as a PRECEDENT and this is exactly what it is. It gives hope to all who have found a mortgage or memorandum on their property they had no knowledge of.
It seems even in my absence my good friend Mr Sener Levent continues to support the K5. I did, of course make him aware of the K5 victory over Akfinans Bank Limited as soon as I found out. Not only did Mr Levent give it a mention on national TV, he also gave it front page on the 6th December 2014.Thank you so much Sener bay.
I suppose in truth, when I sent this letter to Akfinans Bank Limited I was just covering my back and never thought justice would come our way.
It makes it very clear that the manner in which Akfinans obtained possession of my villa was illegal, and indeed even at that time some Advocates were shocked at their action. At last the courts now agree that the bank mortgage ergo the auction was illegal and the bank never ever had any claim on the homes of the Kulaksiz 5.
Much still has to be sorted, but one thing is for sure, the pendulum is swinging in the favour of the wronged and very much away from the wrong doer. Long may it continue.
“FROM: Pauline Read
TO: The Directors and Owners of Akfinans Bank Limited
Re: 5 Demokrasi Sokak, Karsiyaka
This is to inform you that I believe your occupation of my villa at the above address to be both illegal and immoral.
The means by which you achieved possession on the 30th July 2010, i.e forcible entry, the changing of the locks and the isolation of the electrical supply whilst the villa was secured and still in my possession, is in my opinion and the opinion of my Advocate a criminal act. As indeed was the vehicular incident that followed. Due process of law was available to you but you chose to ignore this legal and accepted route.
I did make an official complaint to Lapta Police on the night of the incident and gave an official statement on the 3rd August 2010 but as yet some 11 months and 29 days later, the police have failed to report back to me.
Until I receive legal notice to hand over my property from the Court or the money awarded to me by the Court, I consider 5 Demokrasi Sokak to be my legal possession.
Any money you have spent on my villa has been entirely without my permission and you have no legal redress in recovering this money from me. The moving in of furniture and the weekend occupation of my villa is also without my permission, and as such could constitute trespass as I have no rental agreement with you.
I consider this behaviour entirely inappropriate by a Bank charged with the Stewardship of account holders money and any loss of confidence your Bank suffers as a result of such behaviour is entirely self inflicted.
I ask you to vacate my villa immediately and pursue the normal and accepted legal route to obtain vacant possession.
1st July 2011″
Never give in never give up
This is how the historic K5 v Akfinans Bank victory was reported by Cyprus Today
Here is a full account of Judge Talat’s Kulaksiz 5 v Akfinans Bank 4/12/2014 judgement released by MNCB
Judge finds Akfinans Banks’s action on K5 Fraudulent.
This Judgement was given in Girne District Court by Judge Talat on Thursday 4th December 2014. For complete accuracy its please refer to the original Turkish.
Judge Talat gave Judgement for the K5 home buyers when he found the Akfinans Bank’s Mortgage and an application to the District Land Registry for a Sales Order were both fraudulent.
In his Judgement, Judge Talat also stated that that the law was in need of revision for it had certain anomalies making it necessary for him to clarify certain points.
However he was satisfied that the original Mortgage documents and sales order documents, which referred only to “bare Land” when the Bank knew that there were houses built and people living in them, were fraudulent.
The K5 buyers have endured 6 years of harassment by Akfinans Bank, and were delighted with this judgement. It has been a long road to Justice.
The K5 Group have expressed their appreciation to the lawyer team of Boysan Boyra and Hasan Alkan and the support of MNCB and a host of others who have campaigned alongside them throughout this ordeal.
The knock on effect of this judgement will reverberate around the TRNC for some time.
There will now be wide media publicity about these illegal practices of some Banks. Up until today media coverage had been suppressed.
Many home buyer victims, Cypriot and Expatriate will now be emboldened and seek redress through the Courts.
Some Banks will have to review their procedures as this ruling effectively outlaws the practice of Stealth Mortgages. This process involves Mortgages being granted without full agreement of all contracted parties.
Judges Talat’s remarks should prompt the the Government to speed up the enactment of Specific Performance and Mortgage Law amendments.
The Police and Attorney General’s Office may well have grounds for criminal proceedings against some errant Banks.
The Central Bank could censure offending Banks, and it has the power to withdraw Banking Licenses.
When all these actions are completed the process of re-building the TRNC’s reputation with home buyers can begin. We will then begin to attract new investors from Northern Europe and start to restore local prosperity again.”