North Cyprus Property | 3rd Anniversary of Kulaksiz 5 Auction

North Cyprus Property | 3rd Anniversary of Kulaksiz 5 AuctionWITHOUT PREJUDICE

North Cyprus Property | 3rd Anniversary of Kulaksiz 5 Auction

June 1st 2013, start of yet another month. For those who do not remember, on June 6th 2013 it will be the third anniversary of the Auction of the Kulaksiz 5 homes in Karsiyaka. The day the bank ‘bought’ the homes of the victims in an Auction whose legality is still being challenged in court.

This is what was happening on the first anniversary:

“Kulaksiz 5 v The Bank – Summary 6th June 2011 Hearing
Monday, June 6, 2011 by Name & Address Supplied

I arrived at court at just after 10.00 a.m. and was the first there. Imagine my surprise when Abdurrahman Guney walked into the court courtyard behind me. I suppressed my surprise and approached him, shook his hand and asked if he was there for Kulaksiz 5, which he confirmed he was. My Turkish is limited and so is his English so I had to wait till others in the group arrived before I got the details. Abdurrahman Guney, known as Hafis, had come to give evidence for the Kulaksiz 5, in effect, to confirm that the Bank had known the villas were built and sold at the time the mortgage was advanced.

The Hearing was due to start at 10.30 a.m. but as usual we were kept waiting and waiting. The supporters were there in good numbers and one kindly supplied me a black arm band. Well after the appointed start time our Advocate, Boysan Boyra, leaned over the balcony on the second floor and shouted for Richard Barclay. Richard went up to see him. We, the rest of K5 were getting anxious, so much so that another member and I went up to the courtroom we had been in before and found the door shut and the shutters down so naturally we assumed it was empty; mistake number one. We went back down to the courtyard to wait, assuming Richard might be in the Judges’ Chambers; mistake number 2. At just after 12.30 p.m. Richard came back into the courtyard and naturally we were all anxious to know where he had been and what time the case would start. Imagine our surprise to be told that Richard had in fact been in the court with the closed door and shutters and that the hearing had gone ahead for the morning session and he had completed his evidence. The words booze up and breweries come to mind.

Apparently the evidence given by Richard went over some of the facts at the previous hearing. He confirmed that we had been unaware of the mortgages until we registered our contracts and then no time had been wasted and that all of us had investigated the situation, negotiated with the builder and then instructed Advocates to take legal action.

Richard stressed £41,000 of mortgages had been taken without our knowledge and consent and made much of the usury interest 80% per quarter compound, mentioning it many times. Allegedly Akan Kurşat stated that Eva McCluskey could not have been terrorised as she was dead. Now if this allegation is correct, please bear in mind I was not in the court at this time, it is outrageous. Eva may well be in poor health but she is, I am assured, very much alive. However on reflection, are we now being told it is okay to steal from the dead? Eva’s husband passed away around Christmas time last year.

Richard made us aware that there would be an afternoon session which was scheduled to start at 1.30 p.m.

Before I get to the afternoon session, two other interesting things happened in the courtyard. The first, the Advocate for Cyprus Today and Kibris Gazetesi told a member of our group that the case would be won in the court and not in the newspapers. Well I could be a grandmother and sucking eggs is something I enjoy (not). The second, we did observer two minutes silence at 12.00 noon to commemorate the 1st Anniversary of having our villas sold from under us.

The afternoon session started virtually on time. Abdurrahman Guney was immediately sworn in. As I do not speak Turkish I will summarise the translation I was given. Basically, Guney was swearing that the Bank did know about the properties at the time they gave the mortgage and he alleged they knew of our existence. Yuksel Yilmaz’s (landowner) name was mentioned many times and I gather that the Judge wanted to know where he was. Emails sent to owners before the mortgage, with photos, were entered into evidence to prove the existence of completed properties and indeed the purchasers. My understanding is that Akan Kurşat objected to this, because the sender of the email was a former employee of Kulaksiz Construction Limited, but the Judge allegedly over ruled him, twice. When challenged as to why he was helping the ex-pats he had got into such a mess, Guney admitted he had made a mistake and also claimed that he thought it was just a loan which Yilmaz intended to repay quickly. He admitted to being foolish in this instance. Guney allegedly went on to claim that not only were the Bank totally aware of the provenance of the land they took as security (our land, our villas) but also sent out experts at the time to look at the Kulaksiz 5 site. Kurşat allegedly demanded the names of the experts from Guney who was unable to give them.

Hopefully, Cyprus Today will give a fuller version of events this Wednesday.

There is continuance of the hearing on Tuesday 14th June at 11.00 a.m. There may be more witnesses to be heard from both sides.”

This hearing went against K5 and they had to pay the costs and Richard Barclay still owes his share of the costs to the litigant the Bank went after for the costs.

The survey carried out for the bank by Unsal Gurok on the 29th March 2005 has now emerged and although in his evidence of the 6th June 2011 Abdurrahman Guney could not remember the name of the experts, clearly he was telling the truth. A translation of this report by said expert is as follow:

“Map Reference X16W1 1&2 Parsel (Plot) 10.5/1

Total Land Area 5 Donum 2 Evlek, 2000 sq feet (1Evlek equating to 250 sq meters)

Kocan no 7739

Type of Immovable property : Field

Registered keeper : Yuksel Yilmaz 29th March 2005

This report has been prepared visiting the above property by myself.

The property in question is in Karsiyaka to the north of Simena holiday village in a favourable position. On this property which has a frontage to public road and on plot no 10.3/31 there is buildings in progress of 3 x 132 sq.meter single storey, 7 x 142 sq meter single storey 3 x 165 sq meter two storey buildings of which approximately seven will fall on this land. The value of this immovable property at today’s market conditions which also includes buildings at plastering stage within it, is estimated by myself to be £335,000 (three hundred and thirty-five thousand sterling).

I verify that the above is correct to the best of my know how, ability and belief and present it to you with respect.

Best regards

Unsal Gorek “

Clearly the report refers to 10 bungalows and 3 two storey houses which were on Kocan 7739 and 7763 and were clearly known of by the Bank well before the mortgage was granted. This translation missed off the fact this was commissioned by the Bank which clearly appears on the Turkish version. The Turkish version first appeared in the Afrika Gazetesi some time ago.

On the 14th June 2013 the hearing now in progress to allow amendments to the case will continue at 11.00 a.m.

Power to the people

Citizen Smith




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