Kulaksiz 5 v Akfinans Bank | in Girne District Court Wednesday 28th November 2012


I am sure you all remember the early part of 2008 when we all were, for the first time, allowed to register our Contract of Sale at the Tapu.

My own Contract went back to 2005 but the new Estate Agents Law encompassed all Contracts and so we were all allowed to register even though it was retrospective because so many Contract pre-dated the new law. It was at this time the ‘can of worms’ mortgages registered against the land your villa was built on first came to our attention. I can remember the early days when the Tapu were asking you to sign saying you had been made aware of the fact by them, and you were asked to sign to that effect, whatever it was you were signing being in Turkish. Failure to do this resulted in the Tapu refusing to register your Contract. I remember signing but putting WITHOUT PREJUDICE above the statement in Turkish as I really had no idea exactly what it said. I can remember receiving notice of this from Naomi Mehmet and her requiring £350 to carry out this registration. I also remember saying ‘no thank you’ I will do it myself, which I did.

Little could any of us have known that as a result of this we would find out what a duplicitous bunch of cowboys we were dealing with and that we would still be involved in litigation trying to right the wrong that had been done to us without our permission or knowledge. One has to wonder just how we would have found out about it without the advent of the new law. Well find out we did, and we have been putting our hand in our now empty pockets ever since.

What an indictment on a system that purports to be modelled on the British Legal System. Mortgage Law 11/78 section 21 is now thought to be the solution to the mortgage after sale problem, but what happens if this too fails us? We have been failed so badly and so often in the past.

Kulaksiz 5 are in court at Girne District Court on Wednesday 28th November (this coming Wednesday) for an appearance, which might be a hearing and there again, might not. What is certain, there will be many many more court appearances for the K5 litigants, of which I am one. I stopped counting when my appearances numbered 100. I personally am fast running out of money, I am not however running out of the will to carry on to the end, I hope and pray it is not the ‘bitter’ end. Justice is an elusive lady, I pray she reveals herself to us all in the near future.

Your support will be welcomed. I plan to arrive at 9.00 a.m . If you care, be there.



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