North Cyprus Law | Time For a Judicial Review of Memoranda

North Cyprus Law | Time For a Judicial Review of MemorandaWITHOUT PREJUDICE

Again on Sunday, with the attempt at auctioning off Baris Apartments, the problem caused by memorandums reared its very ugly head.

You will all recall the first attempt to auction these properties on the 13th June 2010. Tutuska, the errant builder, promised to sort this problem. Of course, he didn’t as he is an alleged repeat fraudster who writes rubber cheques at the drop of a hat. He has spent time in Nicosia nick for this crime.

You have to then wonder why a Judge would allow memorandums to be put on property, Tutuska allegedly owned, without checking
that indeed he was still the owner of such property. A known alleged and convicted fraudster who clearly is not going to volunteer such information to the presiding judge. Such is how things work in north Cyprus. A very flawed system.

http://northcyprusfreepress.com/2012/09/13/north-cyprus-property-victims-tutuska-property-auction-revisited/

On Sunday….five years on, another attempt was made to sell off people’s homes and no one in Government appears to care what happens to the innocent victims or indeed that the reputation of the Building Sector in north Cyprus continues to be dragged through the dirt.

Of course it is wrong. Not only did Mr Tutuska sign a Contract with these victims, he reneged on this and they were forced to finish the build at their own expense. To add insult to injury, they had improved the apartments throwing more of their hard earned money at them only to find they are now about to lose that too. Mr Tutuska allegedly could not give a damn, he has had the money from the sale and the money from his creditors, the worse that can happen to him is he goes to prison again and gets kept at the expense of the tax payers. I am surprised they do not have a bed in Nicosia jail with his name on it.

It is time, in my opinion, for a Judicial review of all memoranda ever put on property. Clearly many of them are questionable. Often the only time the purchasers of such properties know of them is when they are about to lose them at auction. It is also about time the running of Girne Tapu came under the microscope. That this auction was going ahead without the owner/residents being made aware is a public scandal.

Let us not also forget the Tapu official who gave evidence that K5 owners Contracts of Sale had been cancelled in 2008 and that the K5 owners had been made aware of this. A lie. Clearly the Judge did not accept this as true when he found the mortgages on our homes to be fraudulent. So was this man guilty of perjury? What is being done about this?

Probably the same thing that happened to my official complaint to the Attorney General’s Office in April 2012 when I accused the Bank of Fraud. Filed under N for nuisance no doubt.

English version

“Complaint againt: Yuksel Yilmaz – Landowner on Kocans 7763 ans 7739

Abdurrahman Guney, Director of Kulaksis Construction Limited

Ertug Kader, Director, Akfinans Bank Limited

I believe the men named above conspired together to perpetrate a crime to take the properties away from their rightful owners. The Builder and the Landowner by taking a mortgage from Akfinans Bank and the Bank for giving them this mortgage in the knowledge that it would never be paid and they would acquire the villas for minimal outlay.

Abdurrahman Guney gave evidence in court in August 2011 that the Bank not only knew there were properties on the land they gave the mortgage on but also saw the Contracts so had access to the names of the purchasers and their Advocate details.

I offer as evidence my own Contract that clearly states on page 2 number 2

“2. The Vendors warrant that they are the p registered freehold owners of the Site, and that the Site is free from any impediment, encumbrance, lien or adverse claim the Vendors further agree and undertake to keep and preserve the Site as such until the completion of this sale and transfer of title.”

I submit that having seen this and similar Contracts the Bank went ahead and gave the first mortgage to the builder and the landowner on the 13th March 2005 of £1,600 sterling and despite never having received any payment on the first mortgage, they went ahead and granted a second mortgage of 100,000 lira on the 11th November 2005, the mortgages at that time carrying an interest rate of 250%

I submit that knowing of our existence and having seen the Contracts and this clause, the Banks conspired with the builder and the landowner to take the properties away from their rightful owners at minimal outlay to themselves.

Ertug Kader and Yuksel Yilmaz both stated in my presence that they were friends from childhood

In 2008 when the debt stood at 350.000 tl, the Bank could have repossessed and sold the three villas in the landowners name given to him by the builder as payment for his land and recouped their money but failed to do so and in my opinion it was because of their original plan and their long term friendship. Instead they chose to continue with their plan to apply the outrageous interest rate, which was changed by the court to 80% per quarter compound.

I further submit that the families of the Landowner still live in their villas that could have been sold to satisfy this debt back in 2008, that they appear to be intimidation free whilst the British families are having their lives made a misery. I do not believe the bank intend to take the villas the landowners families live in although they are on the Kocans that were offered as security for the mortgages. I submit this is further evidence that a very serious crime has been committed.

I call on the Attorney General Mr. Askan Ilgen to instigate a full and thorough Police enquiry into this matter.

My villa 5 Demokrasi Sokak, Kulaksiz 5, Karsiyaka. The villa the bank now use as a weekend retreat after seizing it on the 30th July 2010 without a court order, and attempting to run down my partner with a motor vehicle in the commission of this crime.”

PAULINE ANN READ

Turkish version

“Aleyhinde şikâyet edilen: Yüksel Yılmaz –7763 ve 7739 numaralı koçandaki malın sahibi

Abdurrahman Güney, Kulaksız Construction Limited’in Direktörü

Ertuğ Kader, Akfinans Bank Limited Direktörü

Yukarıda adı geçen kişilerin gizlice anlaşarak gerçek sahiplerinin elinden mallarını almak amacıyla, müteahhit ve arazi sahibi Akfinans Bank’tan ipotek alarak, Akfinans Bank onlara, paranın asla geri ödenmeyeceğini ve villaları çok az bir masrafla elde edeceklerini bilerek, bilerek, suç işlediklerine inanıyorum.

Abdurrahman Güney’in 2011 Ağustos ayında mahkemeye sunduğu kanıtta Bankanın ipotek verdikleri arazi üzerinde mülklerin var olduğunu bilmekle kalmayıp, sözleşmeleri de gördükleri, dolaysıyla bu malları satın alan kişilerin isimlerine ve avukatları ile ilgili detaylara ulaşabildikleri görülüyordu.

Ben de 2’nci sayfa, numara 2’de açıkça aşağıdakileri belirten kendi sözleşmemi kanıt olarak sunuyorum:

“2. Satıcının, kendilerinin arazinin mülkiyet hakkını elinde bulunduran saygın sahipleri olduğunu; arazi ile ilgili herhangi bir mâni, borç yükümlülüğü, ipotek ya da ihtiyati haciz veya aleyhte bir talep olmamasına ek olarak satıcı bu satışın tamamlanıp tapu senedinin teslimine kadar araziyi bu şekilde tutup koruyacağına dair olan garantisi.”

Bu ve bunun bezeri sözleşmeleri görmüş olan bankanın ileri giderek müteahhit ve arazi sahibine £1,600 karşılığı ilk ipoteği 13 Mart 2005’te verdiği ve ilk ipotekle ilgili herhangi bir ödeme almamasına karşın devam ederek 11 Ekim 2005 tarihinde 100,000 TL karşılığı ipotek verdiğini, o tarihte tüm ipotek borçlarına %250 faiz uygulandığını arz ederim.

Bankanın, varlığımızdan ve bu maddeden haberdar bir müteahhitle mülklerini yasal sahiplerinden asgari masraf karşılığında almak üzere gizlice anlaştıklarını arz ederim.

Ertuğ Kader ve Yüksel Yılmaz benim önümde çocukluktan beri arkadaş olduklarını belirmişlerdi.

Borcun 350,000 TL’ye ulaştığı 2008 yılında banka arazi sahibinin adına kayıtlı olan ve müteahhit tarafından arazi sahibine arazisine karşılık ödeme olarak verdiği üç villaya el koyarak satabilir ve parasını geri almış olabilirdi. Ancak, şahsi kanaatime göre esas planları ve uzun yıllara dayanan dostlukları nedeniyle bunu yapmadı. Bunun yerine mahkeme tarafından her çeyrek faizi %80 olarak değiştirilen aşırı yüksek faiz uygulama planına devam ettiler.

Daha da ileri giderek arazi sahibinin ailelerinin 2008’de bu borcun karşılanması için satılmış olması gereken villalarda yaşadıklarını ve İngiliz ailelerin hayatları kendilerine zehir edilirken bu kişilerin gözdağlarından uzak yaşadıklarını da arz ederim. Her ne kadar ipoteklere teminat olarak gösterilen koçanlar üzerinde olmalarına karşın, bankanın arazi sahibinin ailelerinin yaşamakta olduğu villalara el koyma niyetinin bulunduğuna inanmıyorum. Çok ciddi bir suç işlendiğine dair olan bu kanıtı da arz ediyorum.

Başsavcı Sayın Aşkan İlgen’den bu konuyla ilgili tam ve eksiksiz bir soruşturma başlatmasını talep ediyorum.

5, Demokrasi Sokak, Kulaksız 5, Karşıyaka adresinde bulunan villam, 30 Temmuz 2010’da mahkeme emri olmaksızın ve bu suç işlenirken eşimin üzerinde motorlu araç sürerek devirme teşebbüsünde bulunarak ele geçirmelerinin ardından banka tarafından halen hafta dinlenme amaçlarıyla kullanılmaktadır.

A lot of ancillary evidence was submitted with this complaint.

PAULINE ANN “

Well, blow me down if at last at least Judge Usar agrees with me.

Pauline Ann Read

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38 comments to North Cyprus Law | Time For a Judicial Review of Memoranda

  • Miltiades

    You naïve and stupid woman, what on earth do you expect from a bunch of crooks, thieves that you so much adore.
    Swim in your self inflicted and self created bowl of diarrhoea, mind you, never give up ….never give in !! You senile old bird.

  • Polly Marples

    Yet Mutley, Pauline would never want to be like you.

    Bigoted, ignorant, obnoxious, racist, ageist, sexist, intolerant and unnecessary.

    She feels sorry for you.

  • Ian Edwards

    I don’t.

  • Miltiades

    The truth hurts !!!

  • Polly Marples

    So it should Mutley….I hope you feel ashamed of yourself. I had to be brutal because sometime you come over as a bit of a brute. Now learn something from being told the truth.

  • Miltiades

    A bit of a brute ? Donrt be silly, when it comes to scum who applaud the invasion and occupation of a part of my country Im def a …ferocious brute !!

  • Polly Marples

    Keep your hair on sweetie xxxxx Just showing my words hit the mark aren’t you.

    kissee kissee.

  • AM

    Did you know there are more TC’s who bought and are living in so called “stolen property” in the TRNC than there are Brits what do you call them
    my little chubby Achilles heel ?

  • Miltiades

    They have every right to live in accommodation previously owned by their compatriots the G/Cs. They too are victims of the fanatics who caused this catastrophe, Brits and other low down scumbags have no right. They deserve all the rotten luck and they are getting it now. Cheap peasants that by accident happen to be Brits, most are bastards from lowly backgrounds, a bit like you plonker.

  • AM

    So let me get this right…it’s ok for a TC to buy a plot of disputed land and build a villa on it and get his kochan via the TRNC authorities and claim that house/land as his own.

    Is that what you are saying ?

  • Cyprus Sue

    AM

    The TC and GC are the ones that suffered during this time. Both lost homes, lands and livings. The Brits did not. They have merely profited from the sale of cheap houses and land because of the political situation. As such I would say that it is more acceptable for TC’s to live in GC homes or build on their land.

  • Miltiades

    Spot on CS !
    However the likes of AM will NEVER comprehend the moral of this,
    In my Ayios Loucas family property inhabited by T/Cs whom I have met and bear no animosity towards them I would feel differently if some English or other foreign peasants were living in.
    The likes of ignorant low own cheapskates would never understand this.

  • AM

    Absolute tosh.

    So the question now must be if and yes its a massive if there is a solution to the Cyprob will that TC give up that house or land ?

    Milti you live in a world of Walter Mitty .

  • Jerry

    That’s the best he can do, a dismissive “absolute tosh”, pathetic! Anyone with half a brain can see that a decades long problem between two communities must be compounded when outsiders poke their noses in and steal resources. They must have been brain dead to “buy” property in a pirate “state” in the first place.

    Curse them all for meddling in a place they have no right to be. Without the lure of cheap property on the island they would never have come across the Cyprus problem, curse them all for their interference.

    When there’s a solution the property issue will be solved by exchange, compensation and restitution. Carpetbaggers will be at risk of losing everything.

  • Dominic Freeman

    Jerry’s right, if outsiders had not spent money on properties or traveled to the north then the Turkish Cypriot Problem would have been solved. If the Turkish had not intervened in 1974 then the Turkish Cypriot Problem would have been solved to the satisfaction of Greek Cypriots. After 40 years of non-solution the north now belongs to Turkish Cypriots and if they want to sell property to foreigners then its up to them, IMHO.

  • Ian Edwards

    Jerry, neither you nor Yiannis will ever agree with “the likes of us”, but Dominic is right. If I see something I want and can afford, I’ll buy it. I won’t steal it. And I’ll buy it with money I worked for and saved.

    Most of “the likes of us” live in houses built long after 1974…mine was built in 2006…and for “the likes of you” to claim that the former GC owner of the land we live on is the rightful owner of our houses is clearly not just. That situation is now common over most of the TRNC.

    I know that your former residence still exists, and is now owned by a TC, and that situation is still probably quite common too, but I doubt you agree with Yiannis’ sentiments about the current owners being entitled to live there.

    I’ve said before that in the event of a sane and reasonable solution to the Cyprob, I’d be quite willing to pay to the former GC owner my share of whatever compensation figure was arrived at for the land our houses now occupy, if indeed it wasn’t paid for by Turkey.

    But the hatred “the likes of you and Yiannis” keep displaying seems simply to have been transferred from the TCs to “the likes of us”, and that emotive hysteria is what caused the trouble in the first place.

    It’s hard to ignore the fact that the past 40 years have been more peaceful for all inhabitants of the island than at any time in its history.

  • Miltiades

    Ian, the Australian clown wrote:
    “It’s hard to ignore the fact that the past 40 years have been more peaceful for all inhabitants of the island than at any time in its history.”

    You are completely, irrefutably ignorant on Cyprus history.
    Mate, we have NEVER in our long history ever fought anyone for independence. We have had conqueror after conqueror, all have gone, Turkey will too, sooner than you think.

  • Polly Marples

    Well I guess it is okay for the TC who built his ‘home’ on stolen land to then sell it, he is not at fault….yeh right.

    The rights and wrongs of the situation do not change the situation. Greek Cypriots are defrauding foreign purchasers, Turkish Cypriots are defrauding foreign purchasers…no difference in mindset so why could they not get on

    That they are defrauding each other too is apparently totally acceptable.

    Go figure.

  • Jerry

    1st idiot:- The invading Turks could have forced a return to the 1960 Constitution in 1974 but they chose to realise their long-standing ambition of re-colonising the island.
    2nd idiot:- I still own my house in Cyprus otherwise why would they want to compensate me for it. Stealing property is universally regarded as a crime as is receiving stolen goods. Why would 2nd idiot pay again for property he claims to own – because he knows it doesn’t really belong to him.
    3rd idiot:- Turkish Cypriots are entitled to live anywhere in Cyprus pending a solution. Carpetbaggers deserve to get stitched up, serves them right. Cypriots defrauding Cypriots is none of your business, clear off if you don’t like what’s happening on the island.

  • Dominic Freeman

    Jerry the Kipper (get back to where you came from if you don’t like it) hypothesised that ‘stealing property is universally regarded as a crime.’

    Rubbish! Tell that to Native Americans and Australians, for example. Better still tell that to communist south Cyprus’s best friend Russia. Perhaps you’d like to read about Lenin’s ‘Decree on Land’ when he grabbed ALL property in Russia and ‘gave’ it to the peasants and then took it back later.

    http://en.wikipedia.org/wiki/Decree_on_Land

    Jerry, as you feel so strongly about it perhaps you could mount a universal move for the return of land to help all those poor people who have lost their land WITHOUT ANY HOPE OF COMPENSATION.

  • Polly Marples

    Well there you go Jerry. Showing your true colours, it is never wrong if a Cypriot is doing it. I guess the gene pool has a long way to go before it is thinned out enough.

    I think we all know what is happening on the island, it is sinking in its own effluence.

    Shit attracts shit, explains why ROC and Greece are such good buddies.

  • Ian Edwards

    Jerry, I’m afraid your spin has reached the gobbledegook stage. It was bad before, but it’s now become unintelligible.

    Tell us again, Jerry, how you bear no ill will against the TCs who now own and occupy your original family residence.

    If you do, it will be a 180 degree turnaround from your previous position.

  • Jerry

    2nd Idiot is clearly unaware that the events in the countries he refers to predate The Universal Declaration of Human Rights, he also suggests that one should accept what Stalin did, to me that’s as daft as expecting to agree with what Hitler did.
    3rd Idiot, shit attracts shit. What a gaffe, you’ve landed right in it there dearie, is that why you went to live in Cyprus?
    1st Idiot, the elderly couple who moved into my house in 1974 (it was my father’s then) were TC refugees, I have no problem with that. When they passed away their children “inherited” and sold it for about £150,000. They did well because they had already been “given” a nice house in nearby Trikomo. I have a problem with them and the current occupants who use it as a holiday home. Is that clear enough for you?

  • Ian Edwards

    Exactly what problem do you have Jerry?

    On the death of the elderly TCs, do you think the children should have sold it to you, instead of the TCs who now own it, or do you think they should have given it back to you for nothing?

    Or perhaps your problem is the use to which the current owners put it, viz. as a holiday home.

    Is that your problem Jerry?

  • AM

    Right we are getting some where now.
    Jerry the TC people who moved into your house in 74 did according to “own” that house so on their death it passed to their son who can do whatever he chooses with it?
    Or are you saying they can “pretend” to own it and can not sell it…please explain.

    Now then milti your buddy Jerry tells us he has no problem with people “owning” his old house and bears them no malice do you have the same views ?

  • Miltiades

    Experts in stupidity due to SELINITY !! They are fully conversant with the Cyprus problem, a bunch of peasants who do not possess one functioning brain cell between them , why else would they move into a part of the world that is recognized as occupied by Turkey, a progressively “islamatised” nation that fully supports ISIS.
    You are a worthless lowdown CHEAPSKATES, the quicker you PO of Cyprus the better. Do you get the feeling I don’t like you ? You are damn right you ignoramus peasants.

  • Ian Edwards

    Yiannis, your comments are just getting too salty for me…..

  • AM

    Yes yes milti,…we know all that and couldn,t care less.

    Just answer the question please.

  • Miltiades

    AM , you are far too stupid to enter into any debate, so I ignore your senile sentiments. Got the message stupid ?

  • AM

    Haha….as i thought a complete fake.

  • Jerry

    Idiots 1 and 2, I have no problem with genuine refugees living in my house pending a solution. I have a problem with anyone profiting from the “sale” of my house and/or using it as a holiday home when they obviously have a permanent home elsewhere. My family and myself have always been, and remain, the owners of the property regardless of what the “authorities” in the pirate state may claim.

  • Ian Edwards

    Yiannis, AM has asked you a quite reasonable question.

    And Jerry, don’t you think that continuing to claim ownership of your old family home is as effective as pissing into a 20-knot Fremantle Doctor?

  • Miltiades

    Ian I have already stated that in my family’s properties in Ayios Loukas Famagusta that T/Cs are living in. I have met them and bear no animosity towards them, they, the T/Cs were extremely civil to me and made it clear that I could visit whenever I wanted. They too were victims of extremism, utter stupidity and pseudo patriotism.

    I have said many many times that I consider the T/Cs as my compatriots who have equal right to call Cyprus their homeland.

  • Ian Edwards

    Fair enough, Yiannis.

    You’ve finally said something with which I have absolutely no quarrel.

  • AM

    But the question still remains,.. If A TC bought disputed land and built a home on it is that ok with the GC’s or is he a carpetbagger ?.

    The both of you fail to address this question.

  • Miltiades

    The only CHEAPSKATES stupid are fricking foreigner peasants taking advantage of cheap properties.
    Now stop asking puerile questions, read your Sunday Sun and shut up.

  • AM

    Don’t get all grumpy Milti ?

    Now that we have established that the TC can acquire a piece of disputed land and develop it however he chooses that’s OK,….. so long as we know what is acceptable. 🙂

  • Polly Marples

    By jove you’ve got it AM.

    It is okay for a TC to develop and sell GC land as long as he does not sell it to a foreigner. Yes, you have to wonder at such standards, but then of course, why would a TC buy it when he can do the same as the one trying to sell to him.

    No wonder Cyprus is sinking in its own shit.