K5 v Akfinans Bank | Missing Contract Signature Found

SurpriseWITHOUT PREJUDICE

K5 v Akfinans Bank – Missing Contract Signature Found

The shocking new claim by the Tapu that they had cancelled all K5 Contracts of Sale in 2008 came like a bolt out of the blue. This claim was made by a member of staff giving evidence for the bank, on oath at the last hearing.

However, and this is a truly humungus however, they allegedly have no documentary evidence to support this claim. The reason they gave was that the landowner Yuksel Yilmaz had not signed these Contracts.

Hellooooo. What is this then? This document has been featured on NCFP and several other websites many times so publishing it here is nothing new.

landowner signature
Now that is most definitely the signature of the landowner Yuksel Yilmaz on my Contract of Sale which is dated 14th September 2005 on the front page. This Contract was entered into evidence with all the other litigants Contracts. I also just happen to have a copy of Mr Yilmaz’s signature on a piece of paper from when we were friends and showing each other how we sign. It is identical.

You will all remember how a certain advocate used to write from his lawbooks on certain aspects of the law and this is what he had to say on Contracts. Since it came from a law book, we would assume it is correct.

http://northcyprusfreepress.com/law/north-cyprus-law-sales-contracts/

This utterly ridiculous claim would perhaps have more credence if all of the K5 had not lived in our homes from 2005/6 till early 2008 in total ignorance of the existence of Akfinans Bank Limited and their alleged mortgage. Mr Yilmaz the landowner was living there too as our neighbour and never once was the legality of the Contracts questioned.

One other question, why would we all have parted with so much money for nothing?

The bank are now allegedly saying they gave a loan on bare land in 2004, yet they commissioned a survey on 29 March 2005 showing property in various stages of construction and valued in excess of £330.000. The mortgage document showing the debt as YTL 100,000 with an interest of 250% is dated 11.11.2005, so that confirms they most certainly knew it was not just land (tarla) because they had a survey in their possession at that time.

In fact the land in question had been in the name of Mr Yilmaz’s mother until January 2004 at which time because he was now the only surviving brother, having lost her eldest son in a road traffic accident, she put the Kocan into the name of her surviving son Yuksel Yilmaz.

It will be interesting to see how the Judge looks at this and which side he comes down on.

Pauline Read

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