25th October 2011 at Girne District Court the ‘FULL’ Kulaksiz 5 hearing begins

In nine days time the case that will make or break the property industry for years to come will commence. Strong words yes, but it does not make them untrue.

On the 25th October 2011 at Girne District Court the ‘FULL’ Kulaksiz 5 hearing begins. I expect like all cases it will take several hearings before it concludes. What that conclusion will be, only God knows but if all the previous hearings are an indicator, then I for one, am not hopeful.

Rather than discuss the actual case, because unless you have been sleeping for the last few years, you all know most of the details. The basic facts are so similar to every case in the mortgage queue and the outcome is the catalyst that could start the domino effect. Make no mistake, if Akfinans Bank Limited are victorious, they will not wait for the ECHR case to conclude and importantly, in my opinion, neither will all the other Banks who have been waiting to see what happens with the K5 case.

The End Game is afoot and not just for all the property victims, but for the whole of the Construction Industry. The International press have been pretty well kept under wraps, as indeed have the domestic press here, fearing reprisals from the Banks who have shown they will not hesitate to use the Banking Law as a weapon to silence them. However, the International press will not, in my opinion ignore the spectre of people being dragged out of their homes together with their goods and chattel and being thrown out on to the street. Anyone who doubts this will happen must be living in a parallel universe.

The hypocrisy of this situation would be laughable if the the consequences for the innocent were not so serious. Consequences, there is that word again.

It would seem due to the fact that FRAUD is said NOT to be a criminal offence in the TRNC, there are no consequences for the perpetrators of the frauds that have cause this situation. The greedy, builders, landowners and Banks that have taken advantage of the loopholes in the antiquated laws and have conspired together to take out/give mortgages or loans using the already sold property as security and to do this without the consent or knowledge of the true owners. But wait a minute, we keep being told that this has all happened due old British laws. Forgive me if I seem a little naive, but isn’t FRAUD a CRIMINAL OFFENCE under British law, and hasn’t it always been? .

Now lets us look at the situation with regard to making laws retrospective. Cannot be done we are told by the legal system and the Government.

Really, well answer me this then. How did the majority of us find out about the mortgages, memorandums and charges on our properties? We found out in early 2008 when under the new Estate Agents Law of late 2007 we were all allowed to register our Contracts irrespective of when it was signed. Indeed the Government were so keen we all did so, it issued an Amnesty for those who had not paid Stamp Duty and allowed it at the reduced rate of 1/2 % of the purchase price. In my opinion the first Contract that was dated prior to the date of the Estate Agents Law that was allowed to be registered at the Tapu, created the precedent and every Contract dated prior to the law coming into effect followed that precedent.

My Contract was dated 14th September 2005 and was allowed to be registered even though there was a a mortgage on my land which I had not been aware of until I was in the act of registering that Contract on 6th March 2008. Or is a case of ‘we only allow the laws to be retrospective when it suits the Government and sod the people’. Surely not, not in a democracy. If this is not an example of a new law being applied retrospectively, I do not know what is!!

I suppose had that law not been introduced many of us would not have been aware we had a problem and the first we would have learned of it would have the the Bailiff knocking on the door to evict us, such is the veil of secrecy that thrives here in the TRNC.

We will be there at Girne District Court on Tuesday 25th October 2011 and those of our supporters who wish to attend will be very welcome. I think this is ‘make or break’ time. I intend to be there at 9.30 a.m. although as we all know, time means nothing at the courts.

Thank you all for your continued good wishes and support.




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