Kulaksiz 5 – Damning Evidence Shows It’s Time for Convictions not Evictions

WITHOUT PREJUDICE: I plagiarised this headline from an article in the Mirror a couple of years ago. It is so applicable to the situation in North Cyprus.

We have a Bank who thinks it is above the law. A Bank that does not take the legal route to repossess two of the 9 villas it intend to have, one way or another.  There is now mounting evidence to support the charge that they acted in conspiracy with the Landowner and the Builder from the day they advanced the mortgage money. Look at the facts and decide for yourself.

A mortgage for 100,000 lira having an interest of 250% applied. Do we believe the borrowers ever intended to pay and do we believe the Bank ever expected to receive payment?

The security described as only land, now mounting evidence is showing that the Bank not only knew it had fully built and sold properties on it, they even had a survey carried out and looked at the the Contracts between the Builder/Landowner and the purchasers.

The existence of these mortgages deliberately kept secret and only discovered by the true owners accidentally some 2 years plus later and then only by chance.

Mortgage Law 11/78 that clearly states that the Contract takes precedence over the mortgage.

The original mortgage loan document that appears to have no sign of the full signature of the Landowner Yuksel Yilmaz who has a very large and distinctive signature.

The Power of Attorney dated the 18.09.2004 that gives the Builder Abdurrahman Guney some limited rights with regard to building issues and dealing with the Tapu, but does not give him the right to sign Contracts of Sale on behalf of the Landowner, nor more importantly, to sign LOAN AGREEMENTS using the Landowners land as security. Interestingly, it would appear that the Builder was indeed signing Contracts and even describing himself as the beneficial owner of the land.

The argument that if some Contracts were not correctly signed, so no longer existed is wrong. The very worst case scenario would be that a verbal Contract existed by the giving and receiving of money. Every purchaser on Kulaksiz 5 has documentary proof of their payments. Payments leave a paper trail.

The lies being told to whoever would listen that the Kulaksiz 5 had not paid for their homes when all have paid according to their individual Contracts. Any money outstanding is only the final payments due on completion of the site or transfer of title or both. We are all aware that the Bank are totally responsible for the Contracts not being honoured and the final payments made. Every purchaser has the necessary evidence to prove they have paid in line with their individual Contracts.

Three of the purchasers used an Advocate directly related to the Bank. One purchaser used an Advocate who is the wife of the Bank’s Advocate.  Not one of the Advocates used by the purchasers comes out of this with clean hands.

There is now an official complaint made by one of the purchasers to the Attorney General of conspiracy to commit a criminal act by the Bank, the Builder and the Landowner. The complainant has been told that a Prosecutor has been appointed to investigate this allegation. There is a strong possibility this will not be the only complaint made by a member of Kulaksiz 5. Indeed there are copy letters proving that the late Mr Ralph Denktas also asked the Attorney General to conduct such an investigation back in 2010. Let us hope that Mr Denktas’s request will be acted on posthumously.

If, as I suspect, the original loan agreement was flawed, then surely all that followed was illegal and could and should be over turned.

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