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TRNC deeds or wait until situ is clearer

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hds.trnc


Joined: 26/05/2009
Posts: 175

Message Posted:
20/02/2010 14:12

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Message 1 of 24 in Discussion

Is it worthhwile getting deeds given the orams case..is it safer not to have deeds..yes tresspass is same...just wondered..if they are going to be worth anything



No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
20/02/2010 14:15

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Message 2 of 24 in Discussion

From previous posts I dont think it makes any difference whether you have the deeds or not - it's all about trespass. If you can get your deeds get them whilst you can.



hds.trnc


Joined: 26/05/2009
Posts: 175

Message Posted:
20/02/2010 14:20

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Message 3 of 24 in Discussion

i understand no diff intresspass..but what potential for being worthless...



cooper


Joined: 23/10/2007
Posts: 3386

Message Posted:
20/02/2010 14:21

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Message 4 of 24 in Discussion

Personally i think it would be better to have them in your name as i cant see to many Orams like cases. But at the moment the TRNC government are no longer giving the discount for transfer of title but this may change so i would hang fire for now.



Just my opinion.



Cooper



karakum5c



Joined: 18/03/2008
Posts: 1021

Message Posted:
20/02/2010 14:59

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Message 5 of 24 in Discussion

If there is any peace settlement it is likely to only include those with title deeds whoever they have been issued by.



If you didnt bother to get them then you will really be kicking yourself.



malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
20/02/2010 15:40

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Message 6 of 24 in Discussion

if you don't have the deeds then someone will have them and they may be able to use them to raise a loan on your property.



wanderer


Joined: 05/02/2009
Posts: 1653

Message Posted:
20/02/2010 15:51

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Message 7 of 24 in Discussion

Malsancak not if your contract is registered at the land office as they are now required to do

Or am I wrong?



malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
20/02/2010 16:40

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Message 8 of 24 in Discussion

"not if your contract is registered at the land office"

Anyone got a definitive answer on that one?



Dusterbruce


Joined: 03/08/2007
Posts: 1125

Message Posted:
20/02/2010 16:43

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Message 9 of 24 in Discussion

The site I am on has just had a charge placed on it, so what was the point in paying a lawyer over 400 to register the contract?



malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
20/02/2010 17:02

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Message 10 of 24 in Discussion

Thanks for that Dusterbruce, precisely my thought on the matter.



Dixie Normus


Joined: 22/02/2008
Posts: 820

Message Posted:
20/02/2010 17:19

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Message 11 of 24 in Discussion

I was led to believe by my solicitor that no charge can be registered against a property if the contract is loged with the land registary, have come across a case where a solicitor took funds from a client for the registration but failed to do it and just kept the dosh, once your contract is registered you should have a reciept and a stamped copy of the contract you also have to pay the vat. I would imagine any bank trying to reposes the property if the contract was loged prior to a mortgage being taken would be on a hiding if the case was brought to court.

Dusterbruce are you on a complex or individual plot? yours seems an interesting case.



D.N



kibrissibel


Joined: 18/02/2008
Posts: 562

Message Posted:
20/02/2010 17:38

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Message 12 of 24 in Discussion

If your contract is registered no one should be able to take out a mortgage after registration. However, as I understand it, if you are on a plot with several properties and some have not registered, the land owner can take out a mortgage to the value of the unregistered parts. Only time will tell if this system works or not. Dusterbruce, did you get a stamped N34a form from the Tapu when it was registered and were there any mortgages already listed on the form?



Enrico


Joined: 07/12/2008
Posts: 209

Message Posted:
20/02/2010 18:03

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Message 13 of 24 in Discussion

Why bother to get a solicitor to register the property with the Land Office when it is quite easy to do it yourself.

And cheaper too.



cyprusishome


Joined: 31/03/2007
Posts: 2381

Message Posted:
21/02/2010 10:24

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Message 14 of 24 in Discussion

Listening to the speakers from Bar Association last November, their comments just kept repeating the only safe way is to have title deeds!!!!! Even chief judge from Girne court said whatever else you do - get your kocan!



Obviously this only applies to events directly under control of TRNC government ie under "international ruling" it is irrelevant what you have as the deeds are "illegal".



hds.trnc


Joined: 26/05/2009
Posts: 175

Message Posted:
21/02/2010 10:37

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Message 15 of 24 in Discussion

my contract is registered and stamped etc...but...on balance better to have than not....prhaps ill wait for discount though.....



come_on_aylin


Joined: 14/06/2008
Posts: 908

Message Posted:
21/02/2010 10:56

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Message 16 of 24 in Discussion

What about the people who don't have permission to buy and therefore can't get title deeds - where do they stand?



professoregit


Joined: 30/08/2008
Posts: 381

Message Posted:
21/02/2010 11:43

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Message 17 of 24 in Discussion

So, hypothetically, if the Oram's did not have their Kochan, it would be still be deemed under the ownership of the previous owner, the Oram's would still have to pay compensation for the period of time that they used the property ("trespass") but would obviously not be ordered to hand the property back and demolish the house.

Is that correct?



WAZ-24-7



Joined: 18/10/2008
Posts: 695

Message Posted:
21/02/2010 12:32

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Message 18 of 24 in Discussion

Prof,

Hypothetically you are correct.

Certainly the Orams were the soft target, being ex-pat UK and European. They were easily identifiable as the owners having full Kocan. Mrs Orams was served writ on the said land. The event was recorded on film.

Mr Appostolides had visited and introduced himself and presumably secured supporting evidence of Orams TRNC title and ownership.



Anyone, that has shared title or indeed awaiting title deed, will not be such a soft target regarding ownership.

Certainly the tresspass angle is available but frankly, does not warrent an expensive and long litigation battle if other softer targets can be identified.



Certainly, until some sort of unilateral settlement upon property is forthcomming such as full ratification of the IPC. It would be of no disadvantage to put up as much smoke and confusion as is possible.

Be wary of greeks bearing gifts !



Tatlisu4me


Joined: 26/01/2008
Posts: 436

Message Posted:
21/02/2010 13:00

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Message 19 of 24 in Discussion

Waz you always talk a lot of sense.



Dusterbruce


Joined: 03/08/2007
Posts: 1125

Message Posted:
21/02/2010 13:35

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Message 20 of 24 in Discussion

Many of us believed that if we registered our contracts we would be

safe from charges being put on our properties, this is not the case.

The registration only prevents the constructor putting a loan on the

property/site and not private individuals/corporations it seems.Until

such time we receive our deeds there is a chance this could happen

again, even if the current situation is resolved.



Tenakoutou



Joined: 27/07/2009
Posts: 4110

Message Posted:
21/02/2010 14:10

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Message 21 of 24 in Discussion

malsancak/Msg 8:



Yes - for sure I've got a 'definitive answer':



Prior to the *1.5% registration tax 'coming out' and rigourously demanded, mortgages were being raised unknown to the purchaser. When we went to pay our *tax, we found that there was an injunction on our property that didn't apperar until two years after we bought it. It transpired that a crooked bank manager, in cahoots with a crooked lawyer, had forged our vendor's signature and 'helped himself' to a large mortgage on the property we had paid in full for. This, of course, could have happened whether, or not, we had paid the*tax .



A forged signature on a pre-dated document would easily 'do the trick'.



It cost us five grand for our advocate to do 'f>>>ing nothing'. Fortunately, our neighbours, who also got caught in this fraud, had 'clout', so the matter was resolved in about six months.



So, no, I don't believe that anyone's property in Cyprus - North or South - are 'predator proof'



Tenakoutou



Joined: 27/07/2009
Posts: 4110

Message Posted:
21/02/2010 14:18

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Message 22 of 24 in Discussion

I should have mentioned, but didn't cos there wasn't 'room', that the perpetrators got away with their 'dirty deed' 'Scott-free'!



When going through such a 'saga', with all the expense and having to go backwards and forwards to one's useless and exhorbitantly expensive advocate - you can't begin to imagine the stress.



malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
21/02/2010 14:35

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Message 23 of 24 in Discussion

Tenakoutou, I think many of us have experienced the stress of discovering that the TRNC method of government is bizarre. In my case it was the regularly moving tapu points, each one professed to be as accurate as the previous ones even if they were 10ft different. In your case, forgery is not a crime unless the victim has clout!!!



ROBIN HOOD


Joined: 26/05/2008
Posts: 238

Message Posted:
21/02/2010 17:07

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Message 24 of 24 in Discussion

Experience shows that banks have little respect for rubberstamped sale contracts. Altough the law says that the seller can't mortgage the property, they can and they do even though the banks know there is a sale contract registered they still do it because they have the kocan. The govt. don't give a hoot because the banks giver them money. So the courts don't enbfornce the rulings and the poor punter gets it in the teeth.Still what are you beefing about.? It's only a breach of contract after all. Not as if it's criminal or naything. Just friendly ripp off and carve up.



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