North Cyprus Property Victims | Negotiation not Litigation

North Cyprus Property Victims | Negotiation not Litigation

2013 Property Review – January 2014 (In Association with MNCB)

Progress with the High Court The Appeal Process has forced the High Court to intervene in levelling the pitch for home buyers. It has generally taken a much wider and fairer view than the Lower Courts. The High Court has firmly upheld TRNC Mortgage law 11/78 which has brought significant repercussions for any Creditor Bank and Land Registry District Officers. These recent Judgments have cut the ground from under many Bank creditors or landowners seeking to exploit a developers demise. As a direct result of recent High Court Judgments, some Landowners have now been successfully sued by buyers for attempting to exploit a developers demise by refusing to transfer Kocan’s or attempting to extract more money from dutiful home buyers. Appeal Court Judgments have made clear that key TRNC legal processes have been ignored by Banks & Land Registry Offices. They have also questioned that criminal action may be at the root of some of the more dubious transactions. Some flawed Lower Court decisions have been turned over on Appeal. Whilst some of these cases are still in legal process, recent Judgments have acted like a stun grenade on errant Bank Creditors. In our opinion the Judgments have had the effect of a stun grenade, because one would have rationally thought that these clear signals from the High Court would have been sufficient for early capitulation by the Creditors involved. But these judgments have to date merely stunned most offenders. Some offenders act as if “I cannot believe it!”, in one case the surprising justification of the offender has been, “but we have always got away with this in the past”. Few offending Banks have conceded yet. Errant Banks and their lawyers are still twisting and turning and looking for procedural loopholes in an attempt to continue to justify their position. Evidence indicates that they are running out of ideas and time. We feel that they will inevitably lose this campaign but they still keep putting spurious arguments to extend the legal process. Banks involved can afford to fight on and are unused to losing in TRNC Courts. Loss of Face by creditors or their lawyers may in some cases be the reason for this irrationality. In other cases, banks appear fearful of legal precedents. They seem to fear a rash of actions against them. Some Banks are prepared to settle privately with those who have vigorously and successfully challenged them. We believe that private settlements should be resisted as it will allow some Banks to continue the practice of stealth damages or dispossession of other buyers property. These recent Judgments should be a clarion call for other home buyers strongly defend their rights. For maximum impact, all home buyers need to stand firm on this.”

Whenever I visit this page my virus protection whistles and blows and announces *threat detected*. I cannot imagine why since it is a page dedicated to help.

The language is positive and even gung ho, having read “Judgments have had the effect of a stun grenade” I had a to grin, since a District Court Judge’s action in October 2013 effectively removed the pin from the stun grenade when he cancelled a case and in doing so effectively emasculated a High Court decision, how is this possible? Does this make a mockery of a High Court decision?

I do disagree with some of what is written. We are in the main talking about older, frail and often ill people involved in such cases and my advice is, and will always remain….NEGOTIATION not LITIGATION. If, however the Government did the right thing and intervened then neither would be necessary and we could all do what we came to north Cyprus to do….live in peace and harmony with the good people of north Cyprus.

Never give in never give up.

Pauline Read

 

 

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