North Cyprus Property | Kulaksiz 5 v Akfinans | Main Case 11/2/2013


North Cyprus Property | Kulaksiz 5 v Akfinans | Main Case 11/2/2013

Monday the 11th January 2013, Kulaksiz 5 are back in court. This case which was ‘billed’ as the main case, is in fact a case leading up to the main case. Confused, think how the K5 must feel.

Here is a reminder of the people, flesh and blood people who will suffer if Mortgage 11/78 section 21 does not rescue them from loosing their homes:

Who will A Bank possibly be evicting from their north Cyprus homes?
Saturday, June 5, 2010 by Name & Address Supplied

“A Bank Limited, I know someone from your organisation is following this series of articles so today, instead of us all being just names on your court documents, let me tell you about the real people whose lives you are about to decimate.

The name of our road in Kašiyaka is Demokrasi Sokak, I hope the irony is not lost on you.

The first house is occupied by Camilla, who has just remarried after being a widow for 9 years. Camilla was married to Yuksel Yilmaz’s brother who tragically died in a road traffic accident leaving Camilla to bring up her two children, Ali and Fatos, alone. Both Fatos and Ali are teenagers now attending University. Camilla has found a new love in her life and, instead of enjoying being newly wed, she and her family now worry about losing their home.

The second house is occupied by Osman, Hattice (Yilmaz’s sister) their three children Handi, Yusef and Emre. As a community and before the mortgage reared its ugly head, we all attended Yusef and Emre’s circumcision party. Hattice’s mother (Yilmaz’s mother and original owner of the land until she became too ill and signed it over to Yilmaz) also lives there as she needs constant care.

The next house is empty and belongs to the villain of the piece, Yuksel Yilmaz the landowner.

The next villa is owned by me, Pauline Read, and I lived there with my long term partner Chris (Christopher). I suffered from pericarditis (inflammation of the sac the heart sits in) which left me with chronic bronchiectasis a permanent condition. The spores generated by the damp in the house were giving me difficulties with my breathing so we are living elsewhere but until my court award is paid or you, A physically remove me, I retain ownership.

The next villa is occupied by Bob and Jan another retired couple in their late 60′s. Bob has noticeably lost weight and I know Jan has ongoing health problems.

The next villa is owned by Irene and Anthony; Ant to his friends. They mortgaged their home in the U.K. to buy this villa ready for retirement. They double manned as a husband and wife team a heavy duty vehicle and delivered goods all over Europe. Ant aged 60 has developed a large stone in his kidney and has had three unsuccessful operations and is now in permanent pain and discomfort. Irene aged 58 had a burst appendix requiring an emergency operation. When they operated they found a tumour and she now has to go into hospital for further operations to have part of her bowel removed to stop the tumour spreading. She cannot work. There is no income coming in. They cannot pay their U.K. mortgage which would be non-existent had they not borrowed money to buy their villa in Demokrasi Sokak.

The next villa is occupied by Jel and Jo and Charlie dog, we call them Mike, Mike and Mike. Charlie turned up at their house and adopted them – you all know how that goes.

The next villa was owned by Walter and his wife. Both were in their late 70′s. Sadly, Walter died a few months ago, the stress did not help him during his long illness and his wife has lost heart in the whole situation. Our sympathies are with her. They never got to live their dream. The next villa is owned by Rachelle. Rachelle developed breast cancer whilst this stressful situation was occurring and we all know there is a direct correlation between stress and cancer.

The next villa is owned by Arline who has advanced multiple sclerosis, a condition that is most certainly exacerbated by stress. Arline is no longer able to deal with this situation and her son Richard is acting on her behalf and is actively involved in campaigning against the injustice.

The next villa is occupied by Marion and Dave another elderly couple whose lives are being torn apart by stress.

The next villa is owned by Brian and Margaret, also retired and also suffering from the stress created by this situation.

The last villa is occupied by Mike and Phil. Mike is an 87 year old ex spitfire pilot. Phil in her late 70′s is recovering from a hip replacement operation, the stress will obviously delay the recovery process.

None of us won the football pools or the lottery, Ernie didn’t pick out a large prize premium bond. We all worked hard, saved hard and funded our dream. We dared to dream of a better end to our lives in paradise. Please do not make it Paradise Lost. Akfinans Bank Limited you can end our nightmare by doing the right thing.

The Auction is tomorrow Sunday 6th June at the Coffee Shop in Karsiyaka Square. Bring all your Turkish Cypriot friends. Bring your mother, your father, your brother, your dog. Turkish people join us. Swell the numbers. Let us show Akfinans Bank Limited how unpopular what they are doing is. Please behave and do not put yourself at risk. I love you all for caring.

If you care – be there”

What has changed since this article was written. Well it is by no means sure that the family of the landowner Yuksel Yilmaz will lose their homes, even though it seems unfair that the perpetrator of the fraud should be rewarded for his crime.

Jel and Jo are not part of the Kulaksiz 5 litigants. Irene and Ant are in better health but having to work to afford the mortgage on their property in England they took out to buy their dream home. All are now almost 3 years older and stressed beyond belief. All are struggling to find the money needed to fight the Bank.

The emergence of Mortgage Law 11/78 section 21 brings new hope to the Kulaksiz 5 and it is hoped that this will achieve what diligent Advocates should have achieved when the mortgage was first discovered.

If you wish to support Kulaksiz 5, be at Girne Court tomorrow around 10.00 am. I do not need to tell you how to behave since your previous support has demonstrated you, the supporter know how to behave. It is a pity others could not take a leaf out of your books.

If you care, be there.


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