Why did the TRNC Judge ignore existing Property Contracts?

Some people are night people, some people are morning people.  You usually are one or the other, due to all that is going on in my life I have become a ‘wee small hours of the morning person’

WITHOUT  PREJUDICE  Lying in bed, thinking of all that has gone on in my life since coming to North Cyprus, I got to thinking, will there ever be an end to all this trauma that now governs my every waking thought? What I wouldn’t give to go to bed and wake up in the morning refreshed from a good night’s sleep.  When on waking my only thought would be, now what will it be this morning eggs or cereal?  It has been a few years since I have had a full night’s sleep and when my mind had so little to worry about.

Last night, in the wee small hours, I got to thinking about the day the Judge gave the bank their Repossession Order. On the 20th November 2008 to be precise.  Then I started to think back to when we registered our contracts at the the Tapu, in March 2008.  I know one or two of the Kulaksiz 5 purchasers were a little late, but even so the majority did register in February and March 2008.  You are probably thinking, where is she going with this? She has told us this before.  Yes I have, but this time like the proverbial ‘blinding flash’, something new occurred to me.  I remembered that when my court case was ongoing, my Advocate obtained many searches through the Tapu.  It then occurred to me, did the Judge insist on a new search on the Kulaksiz 5 site before giving the Repossession Order, and if he did, why didn’t he ask who all the contracts lodged on there belonged to?  True they all were behind the mortgages, but surely alarm bells would be ringing, surely he would not give the Repossession Order, changed the interest rate to 80% per quarter compound lightly knowing that it had the potential to go on to do the damage it subsequently did.  If he did not get an up to date search and so was unaware of our existence, then you have to ask why?  He must have been aware of the new Estate Agent’s law that came in to being at the beginning of 2008, the reason we could for the first time as foreigners register our contracts.  Surely as a legal man, he would have thought there was a possibility of contracts being registered between the time the case started and November 2008.

This then of course throws up even more questions.  If the Judge saw the contracts registered and still went ahead and gave the judgement, why?   If the Judge did see the contracts registered, why then did he not ask Abdurrahman Guney who was party to the case to produce his copies of the contracts?   This would have given the Judge the names of other interested parties and  the opportunity to contact our Advocates, even given us an opportunity to join the case and be heard.  Now you understand where I am going with this.   Of course in a perfect world, the bank, the builder and the landowner would have made sure the Judge knew there were people who had bought the villas and were living in them.  I wonder why they did not, rhetorical question.

There have been many opportunities in the Kulaksiz 5 -v- ***DELETED*** Bank when something could have been done to prevent this unholy situation we now all find ourselves.  This scenario is yet another example.

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