WITHOUT PREJUDICE
North Cyprus Property | the Mandamus Tapu Puzzle
The comments below were from an article in Halkin Sesi on the 2 March 2012
“Kursat: Although Pauline Ann Read is a member of “ Make TRNC A Better Place” movement she has applied to Kyrenia Court on 27.10.2010 for the fulfilment of her award of £120,000 against Kulaksiz , and has been awarded permission to sell and is trying to sell the houses situated at Arapkoy with registration no 3881, on land amounting to 7 Donums , 1 Evlek and 3500 sq feet where she will make three foreign nationals aggrieved. Attached Document number 2.
Answer: As the Bank are aware, the procedure above is normal and I am sure they do it all the time, in fact being a victim of their doing this in the K5 case makes me aware that they do. Yes the Tapu have been instructed to sell the security covered by the memorandums. I was given to understand that they were on one house which is on a long term let due to the owner’s death, one plot of land overlooking Amaranta Valley, one villa I have no knowledge about and one villa on a another Kocan 4155, a property my Advocate informed me belonged Abdurrahman Guney and was occupied by his family members, why would I be upset at taking the villa of the man who jointly signed for a mortgage with the Bank? Again I ask, how did an ADVOCATE a custodian of the law gain access to my files since he is not, nor has he ever been, my Advocate. I consider this a gross violation of my privacy and a violation of my Human Rights. I do not believe I will ever receive the award although of course I will try, and I have also joined the K5 litigants for this reason. My Advocate told me it often takes years for these sales to take place and she was not able to chase the Tapu. I did approach the Tapu and was asked by them if there were any properties on the land, such is the way the document given to them reads, I have no idea what 125765/215800 or 75459/215800 means, but I am sure Mr Kursat who seems to know more about my business than I do will be glad to tell the Tapu. I am the caretaker of the original Stop the Blackmail in North Cyprus Facebook group, the aims of the group are laudable and legal. In fact to date we have over 2900 members and the vast majority are Turkish Cypriot.”
Things have moved on since then because of the Tapu’s refusal to do its duty we, my new Advocate and I, were forced to get leave from the Supreme Court to submit a Mandamus application which was granted on the 25th April 2013. On 22nd May 2013 my Advocate together with two members of staff from the Lefkosa Tapu and their legal representative met with two Supreme Court Judges in Chambers. I believe as a direct result of this the Tapu at Girne have issued the first stage of the process leading to an Auction. Basically this first notice gives us three weeks to challenge the value put on the assets covered by the Memorandum on Kocan 3881.
This report of the appearance at the Supreme Court tells you what the problem is:
http://northcyprusfreepress.com/law/north-cyprus-law-paulines-mandamus-case-turns-into-a-puzzle/
No miracle has occurred, no solution discussed, the notice has just been sent to my old Advocate who passed it on and no doubt by now the notice will be hanging on the wall of the coffee shop opposite Girne District Court.
The need to continue with the Mandamus case is no more. The Tapu are doing their duty. One piece of useful information gained by preparing this case is, when the Tapu receive an Enforcement Order, there is a regulation that says it should be dealt with within six months of its receipt. It has taken a trip to the Supreme Court to achieve what should have been my right within six months of the Enforcement Order being issued. This would have meant that this ‘puzzle’ we now have should have been discussed and maybe sorted back in April 2011, over two years ago. This regulation also makes a nonsense of my previous Advocate’s claim that she was not allowed to chase the Tapu.
Had this remained as 3/8th as on the Injunction, which is what it was when I was sent up to the site by Judge Senol, it would have been straight forward and as was explained to me and as I stated above,
“yes the Tapu have been instructed to sell the security covered by the memorandums. I was given to understand that they were on one house which is on a long term let due to the owner’s death, one plot of land overlooking Amaranta Valley, one villa I have no knowledge about and one villa on another Kocan 4155, a property my Advocate informed me belonged Abdurrahman Guney and was occupied by his family members. Why would I be upset at taking the villa of the man who jointly signed for a mortgage with the Bank?”
Oddly I am now being told there is a sale order on the plot of land, how did that happen?
Following Mr Denktas’s (Tapu employee ) visit to the site and evidence given by him to Judge Sertbay it now appears as the fractions that I and the rest of those involved cannot get our heads around.
I cannot for one second imagine this will ever be sold. That elusive lady justice is still evading me.
Pauline Ann Read
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