North Cyprus Property | It IS the Government’s Fault!


North Cyprus Property | It IS the Government’s Fault!

Good morning north Cyprus and a very Happy Bayram to everyone.

Yesterday, as has already been reported, a new and quite significant act was carried out by Pauline Read and the Supreme Court. Her Breach of Contract judgement of the 6th November 2009 was cancelled, overturned, call it what you will. Now the big question is, as this was overturned, as if it never happened (she has the depleted finances, the extra grey hair and the high stress levels that prove it did) will that mean her Contract is now valid again? A few legal minds have been asked and have looked amazed and amused at the question. It is a valid question. If something is no longer there, does the status quo go back to before that event?

Now isn’t that exactly what the Kulaksiz 5 are trying to achieve, to return the situation back to before the Repossession Order of 20th November 2008 given to ***Deleted*** Bank? If that is granted, then of course, the Auction cannot be valid since it was a direct result of the Repossession Order. Now folks you can see where I am going with this.

The advocate involved for the Bank almost became involved in Ms Read’s situation and she now knows that she did not dream his presence at the Supreme Court or his involvement until it was pointed out to him as a tad hypocritical for him to be involved. Suddenly, there then appears a very nice young lady advocate acting for the young man. Pauline’s philosophy in life is ‘listen and learn’. Pauline Read did ask the question because she had believed the Bank advocate was involved in the case; however she was told by this lovely lady ‘no’, oh dear.

It seems some of our readers are confused so I will attempt to un-confuse.

Pauline Read went the Breach of Contract route on the advice of Naomi Mehmet. When they were looking for properties still in the name of the builder, they rejected any whose search showed a Contract of Sale registered on it. When they put the Memorandum on the Kocan 3881, initially in late 2008, the search showed NO Contracts registered. However a search in 2010, after the Memorandum had been granted showed that the search in late 2008 had been incorrect because there was at least one Contract registered in June 2008. Was this the result of ‘sloppy ‘ record keeping or pressure of work? Whichever it was, it showed a certain negligence on the part of those tasked to keep the records and we all know who this is.

When the Mandamus case was lodged they became aware of who the owners were. She is not sorry about the Mandamus case on one level because it has helped the owners to sort out their problems at her expense and they are now worry free. Expense being the fact that she has removed the memorandum that stopped them obtaining title. Some see her as the ‘wicked witch of the west’ for ever taking that route. Some have even expressed the wish that they hope she loses everything. She says she can live with that as ignorance is a very common occurrence. She has been accused of being a fake and fighting unfairly. She is not sure what that means. She has taken the legal route with the Breach of Contract case and look where that got her?

What I do find so unbelievable is that had the system been correctly administered, had the advocates in the initial purchase acted with due diligence and protected their clients, there would be very few legal cases, very few disadvantaged property purchasers and a thriving property sector. As it is, we now have a very busy legal system attempting to correct the mistakes of the past, advocates lining their pockets and property victims looking frightened, stressed and bewildered. Buying a property should be the simplest of legal procedures, not a minefield.

It may well be the way the law works, but it lacks compassion for the victims and it as a direct result of an undisciplined, unregulated property sector and that includes all who make their living from it; Estate Agents, Builders, Landowners, Developers and yes Advocates and the Government departments involved primarily. The Ministry of the Interior which has overall responsibility for the processing of Permission to Purchase and overseeing the various land registry (tapu) offices. If the buck has to stop somewhere, then it is with the Government who allowed this to happen.

So why did she remove the memorandum and allow the Breach of Contract to be overturned without a fight? Simple, she could not do to others that which Abdurrahman Guney, Yuksel Yilmaz and the bank, did to her. She accepts that Abdurrahman Guney and Yuksel Yilmaz started the evil process, but points out that the bank could stop it, even now.

Never give in never give up


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