North Cyprus Property News | Tutuska/Baris Apartments Revisited


North Cyprus Property News | For those of you who do not know the Tutuska story. On the 13th June 2010 the creditors of Nurettin Tutuska, the builder involved in the Tutuska/Baris Apartments property scam, had an order to sell enforced and an auction took place. On this occasion, unlike the Kulaksiz 5 the preceding Sunday, there were no bidders. This leaves the victims in the unenviable position of waiting for a second auction. Today, over two years later, they are still waiting.

Read below one of the many court hearings the victims of Tutuska have had to endure. This is just one victim, many innocent families live in Baris Apartments.


Bariş Apartments TRNC Court Case – yet again the guilty get away with deliberate fraud

Thursday, October 6, 2011

This morning I arrived Girne District court to attend a hearing of the Tutuska case. As it turned out, to hear not one but two cases.

Now it is important that you all know that Nurrettin Tutuska built the Bariş Apartments in Girne. There were six apartments but that did not stop him from selling eight. Yes I know, he double sold on two apartments. It is also important to know that Tustuska sold these apartments at around £45,000 per apartment. As if double selling is not bad enough, he also failed to get the appropriate permissions and at one stage Girne Beledeysi were threatening to bulldoze the whole development. The purchasers were asked to cough up a further £10,000 to £15,000 each to obtain the necessary permits to secure their homes, or so they thought. Now if you think all should now be plain sailing, I am afraid you are totally WRONG.

As well as being a thoroughly dishonest man, our Mr Tutuska is also an inveterate borrower and has allegedly served jail time for issuing ‘rubber’ cheques. So instead of being grateful that his purchasers had bailed him out over the permissions by paying more monies to stop the demolition of their homes, he now has creditors who have taken advantage of the fact that the apartments still appear in the builder’s name. To date it is believed that at least 6 Memorandums have been placed on the apartments the owners have already overpaid for.

You will all remember the Auction on the 13th June 2010 at the coffee shop near Bariş Apartments where thankfully no bids were received. Now Forward to today. Hearing number one involved Orhan Ceylan, a Bariş Apartment owner, a retired Army Officer, who was not present for the hearing. Pembe, Pembe’s mum Muazzez, and I attended this hearing although the Advocate seemed keen for us not to. For whatever reason the cases are being heard separately rather than as a group (as with K5).

The Judge Talat Usar (you may remember) listened to both Advocates and decided that Tutuska should be given one month to transfer Title to the purchaser or he would give a Judgement to the purchaser which in effect is to order the Builder to return all the purchase money, whether there would be any compensation added to that amount was not clear. However you have to take into account, Tutuska pleads poverty, so where this money awarded will come from is anyone’s guess. The purchaser could of course put yet another Memorandum on Tutuska’s assets which according to Pembe will make him 7th or 8th in the queue behind all the other Memorandums. This folks is justice TRNC style. Get in the queue behind all his other creditors. The date set for the next hearing is 3rd November 2011 when the month given by the Judge will have elapsed.

On to hearing number 2. This hearing was for Muazzez’s case. Now Muazzez is in a very strange position. When she bought the apartment her Estate Agent told her she did not need an Advocate and he would do everything for her. Remember folks, this was in 2007 when we all believed this was a safe place to buy. He failed to have her Contract stamped and he failed to have it Registered with the land registry in line with the Estate Agent’s law. Although Muazzez has possession of the apartment and divides her living time between here and the U.K., it seems that our rogue builder, the enterprising Mr. Tutuska, has given her share in the apartment block to the victim of double selling, who although he has Muazzez’s share, does not in fact have access to an apartment because frankly 8 into 6 just does not go. To make matters even more hard on Muazzez she has a five year mortgage here, so she could end up paying £200 per month on a property she no longer has possession of. Confused yet, me too.

Tutuska’s Advocate Emin Okur, a retired Judge, freely admitted that the fault was entirely with his client, that the purchasers had done nothing wrong. However he went on to say that Bariş Apartments would have to be sold to satsify the debts secured by the memorandums as there was no solution.

At this point the Judge Ilker Sertbay, asked Muazzez and Pembe if they wanted to address the court. Muazzez was shaking, tears in her eyes and her voice shook as she spoke, clearly she had her say, for whatever use it may have been. Pembe however was very vociferous, she pointed out that the purchasers were the ones being punished and Tutuska was walking away scot free. She asked the Judge what good his Judgement would be if no-one would pay it. I believe she even asked the Judge if he was going to pay it.

All the time this was happening Nurrettin Tutuska sat on the bench behind me looking pathetic. Pembe is right, the only people punished in the TRNC property scams are the victims. Clear and blatant frauds are occurring and the police and the courts do nothing. This man should have been arrested there and then for his crimes, oh sorry, I forgot, fraud is not a crime in the TRNC.

So this second hearing of the day ended with an adjournment, Judge Sertbay giving Tustuska yet more time to come up with a solution. The next hearing for this case is 16th November 2011.

Whilst waiting to go into the court Pembe told me that Muazzez’s previous hearing, before the summer recess ended similarly to today’s. It is alleged that Tutuska took advantage of the summer to have his home transferred to the company who sold him his BMW in payment for the car. Whether their was money in addition, will we ever know? Tutuska still has his BMW, his daughter her snazzy sports car, so all in their world seems fine. As you can tell here is a truly penitent man.

Is there an answer for the Tutuska victims, I hope so but unless the Government intervenes, I really do not know what it could be. [NCFP]

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