Builder warning

Susie


Joined: 06/06/2007
Posts: 87

Message Posted:
18/06/2008 21:26

(Cyprus) Regency Construction have remortgaged the block Regency Court 3 in Girne. Any purchasers out there who are unaware of this?



Sifor Timor, who signed the contract is being taken to court to have charge lifted. her Daughter, Narcin Ucaner is/was Financial Manager at Regency Construction and is now working in Henry Charles Estate Agents. Her husband, Mehmet Ucaner was the builder now runs the kalipso gift shop in Girne



The solicitor Oguzhan Hasipoglu at H&A may have colluded with builders by not registering properties on behalf of purchasers he was supposedly representing.



Be careful if dealing with any of these people!

Turtle


Joined: 28/05/2007
Posts: 2669

Message Posted:
18/06/2008 21:35

Was this remortgaged before of after the "Registration of sale" law came in ?

Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
19/06/2008 00:36

Keep us informed of the situation.

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
19/06/2008 02:17

Well done Susie. A really good posting.



Keep all info on this board.



Good luck.



wyn

joandjelly


Joined: 24/02/2008
Posts: 2953

Message Posted:
19/06/2008 09:42

"The solicitor Oguzhan Hasipoglu at H&A may have colluded with builders by not registering properties on behalf of purchasers he was supposedly representing."



Did he or did he not register the contracts? These vague statements can be very worrying for people. I know there is/was a problem with the Land Registry being 2 months behind on registrations and obviously it is the bulk registrations being done by solicitors that have suffered. What exactly has the solicitor colluded in with this builder?

Susie


Joined: 06/06/2007
Posts: 87

Message Posted:
19/06/2008 14:57

Solicitor did not register purchase. PTP came through in October 2007, and we had to register with PLO and pay tax ourselves last week with help from Donaghy & Beyler.



Solicitor had not replied to e-mails between October 2007 and May 2008. When we finally confronted him his exact words were 'you have had bad luck choosing this builder' (and choosing this solicitor!)



Not sure when property was remortgaged, certainly before June 2007



Full story is in two complaint letters to HBPG and Property Complaints Office,

I don't know how to put them on as a link or anything...i'll e-mail them to Izzet and perhaps he can do that for me.

BillyB


Joined: 19/05/2008
Posts: 436

Message Posted:
19/06/2008 22:13

Susie, its outrageous that you're accusing a Girne lawyer of such things!.......but I agree with you completely. Some are better than others but they all just have various scales of corruption.

Susie


Joined: 06/06/2007
Posts: 87

Message Posted:
19/06/2008 23:36

i have been specific about saying he 'may have colluded' because it remains to be proven. It is a fact that 8 months after he obtained my PTP he had not registered the property with PLO, and not sure when he would have...if at all.

joandjelly


Joined: 24/02/2008
Posts: 2953

Message Posted:
19/06/2008 23:50

The Estate Agent's Law came in to force in January 2008. Prior to that it was not possible to register contracts with the Land Registry. If you signed your contract prior to Jan 2008 which you obviously did as you have your PTP then the solicitor should have contacted you to advise you of the new law and it was then up to you to register the contract yourself or pay your solicitor to do it for you. If the mortgage was taken out after you signed your contract then there is nothing your solicitor could have done because he would not have known about it unless a further search was undertaken.

NikJG


Joined: 20/06/2008
Posts: 4

Message Posted:
20/06/2008 15:55

We 'own' (or perhaps don't!) an apartment in this block. The mortgage was placed on it by the bank and we have been unable to get it lifted because we can't serve papers on Sita Timur (name from contract) as we have no address. We have spoken to her and her daughter and have been promised several times that it would be removed once an apartment had been sold. One subsequently was but the mortgage is still in place.



The lawyer involved was Oguzhan Hasipoglu and the agent (as it then was) Fraser & Beyler. We paid for this apartment in April 2004.



We also have an issue with water coming into our apartment from the penthouse above us as the balcony doesn't have a membrane and have been unable to gain access to fix this. If anyone knows the owner please can they contact me.

ozankoys


Joined: 20/06/2008
Posts: 905

Message Posted:
20/06/2008 15:55

Hi

We manage Apt 4 for the owners who live in UK & were aware of this mortgage, however it would be good to have contact with the other owners. We also have a practical problem in that water comes into this apt from the top floor Apt 6 balcony above which we are unable to access from above or below because of the design. Our owners are willing to pay for the balcony to be waterproofed but we do not know who owns it - can anyone help here please?

Thanks

Susie


Joined: 06/06/2007
Posts: 87

Message Posted:
22/06/2008 23:43

I'm confused..Nik, if you are below the penthouse (we were told the third floor would be one big penthouse apt. but the top floor is two, Apt 5 and 6) so you must be on the second floor in Apt 3 or 4 and as we're in four so do you own 4 and the ozankoys manage it for you???



I do have contact details for the owners of the top floor, Apts 5 & 6 and will try to put them in contact with you. The owner of Apt 5 has already paid to have the flat roof completely redone as it leaked.

Susie


Joined: 06/06/2007
Posts: 87

Message Posted:
22/06/2008 23:53

Jo and Jelly. Our solicitor had Power of Attorney to Transfer Title Deeds to my name as soon as PTP was granted. In an e-mail October 2007 he confoirmed that he would do this

Susie


Joined: 06/06/2007
Posts: 87

Message Posted:
23/06/2008 00:01

Jo and Jelly. Our solicitor had Power of Attorney to Transfer Title Deeds to my name as soon as PTP was granted. This is in our contarct with him (such as it is...three short paragraphs!)



In an e-mail October 2007 he confirmed that he would do this as soon as valuation had been made, he said within a month - but he didn't. The January 1st 2008 legislation to 'protect' purchasers was too late for us - property had been remortgaged long before that.



If lawyer had gone to transfer deeds in October 07 he would have found out

about charge and informed us....which is how other purchasers in our block found out in June 07.

kibrissibel


Joined: 18/02/2008
Posts: 562

Message Posted:
23/06/2008 08:45

Have you signed the petition to amend the Specific Performance Law?



Without a change in this law, it means you cannot take action against your vendor to compel them to transfer the title deeds to you. Thus some unscrupulous developers are not adhering to their side of the contract and are not willing to transfer the deeds to the buyers, using this a leveridge to extract extra funds from purchasers.



Please see this weeks edition of Cyprus Today (June 21-27), who are covering this very important issue.



The petition was started some time ago by Ismet Ustuner, a very helpful and knowledgeable member of this board where legal matters are concerned. The petition is backed by the HBPG.



This is the link to the petition:

http://www.ipetitions.com/petition/petitioncyprus/index.html



Sibel

maggie


Joined: 25/03/2008
Posts: 192

Message Posted:
23/06/2008 12:33

Hi everybody this is Maggie, I purchased apartment No. 5 and my cousin purchased apartment No. 6 Regency Court 3. It was ourselves who discovered that the Builder Shifa Timor had re-morgaged the whole block to the value of £120,000. It was brought to light when we tried to sell our apartments over 18 months ago. My cousin and I have taken the builder to court and we have at present an injunction against all her properties, she is due in court in September 2008. Upto now only 4 owners are aware of this problem, we have been trying to find out who owns the other two apartments. The builder re-mortgaged the properties whilst we were awaiting for the permission to buy to come through. We have since registered our apartments and the Courts are aware that we have paid in full for same. We are awaiting the outcome.

maggie


Joined: 25/03/2008
Posts: 192

Message Posted:
23/06/2008 12:35

Hi everybody this is Maggie, I purchased apartment No. 5 and my cousin purchased apartment No. 6 Regency Court 3. It was ourselves who discovered that the Builder Shifa Timor had re-morgaged the whole block to the value of £120,000. It was brought to light when we tried to sell our apartments over 18 months ago. My cousin and I have taken the builder to court and we have at present an injunction against all her properties, she is due in court in September 2008. Upto now only 4 owners are aware of this problem, we have been trying to find out who owns the other two apartments. The builder re-mortgaged the properties whilst we were awaiting for the permission to buy to come through. We have since registered our apartments and the Courts are aware that we have paid in full for same. We are awaiting the outcome.

maggie


Joined: 25/03/2008
Posts: 192

Message Posted:
23/06/2008 12:44

Maggie here again, for over 12 months I tried to get the builder to repair a leak on my roof. In the end I had to pay another builder to carry out repair works which cost me £300.00, which I have not been reimbursed for by Shifa.

My cousin owns apartment No. 5, if you email Margaret.Hushon@Kier.co.uk, any queries please contact me.

joandjelly


Joined: 24/02/2008
Posts: 2953

Message Posted:
23/06/2008 14:44

Hi Susie



We are in much the same boat except our landowner has mortgaged and not the builder and he won't repay mortgage until he has sold a house. Problem is no-one will buy the house with the mortgage. So chicken and egg situation. Obviously the solicitor could not have transferred title because of the mortgage but he should have told you. Personally I blame the banks. Surely they should not allow a mortgage to be taken out on a property/land that has been sold under contract to someone else.



Jo

NikJG


Joined: 20/06/2008
Posts: 4

Message Posted:
23/06/2008 20:09

Hello Suzie & Maggie



We do own apartment 4 and ozankoys do manage it for us as we are resident in the UK. We discovered the problem when we came to sell the apartment.



Maggie, I see you have had the the roof repaired. We have problems with water coming through the balcony as there is no damp proof membrane. We have had a builder in to look at it but he needs to have access to apartment 6 as it is not possible to get to the balcony externally. We have had a number of other issues and have never managed to get the builder to address them so have had to pay for repairs ourselves.



It is good news to hear that you have managed to get an injunction and that there is a court hearing in September. Perhaps you would be kind enough to give us the name of your lawyer so that we can get our lawyer to speak to them.



Thank you for the email address of Margaret, mine is nik@gibson.us.com



Best wishes



Nik

cocos


Joined: 04/04/2008
Posts: 129

Message Posted:
23/06/2008 20:21

I wish you the best of luck. Just another bad advert for the construction industry in TRNC. This seems to be the norm now. When is the government going to learn?

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
23/06/2008 20:45

Sign the petition for an ammendment to.........................



The Specific Performance Law of 1885...



Without it you may not get the deeds to your property



wyn

ozankoys


Joined: 20/06/2008
Posts: 905

Message Posted:
24/06/2008 12:42

Hi Susie

Have e-mailed you but no reply as yet - surely you must be in Apt 3? Please clarify.

We are in the same position in another apartment block in town - the builders have put the block in a package to firstly secure one mortgage & then another huge mortgage in June 2007 despite the fact that all the apartments were sold, completed & being lived in & obviously not available to put up as security - in UK this would be called FRAUD!!

The banks obviously had no interest in checking any minor details like this so at least with the compulsive registering of contracts now this should not happen in the future - or will it?

Susie


Joined: 06/06/2007
Posts: 87

Message Posted:
25/06/2008 16:29

Ozankoys - yes, i am in Apt 3. I am also now in touch with people from Apt 4, 5 and 6



Hopefully, banks will not lend money against properties that have been registered as having a buyer who is waiting for PTP.

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
02/11/2009 11:25

it's worth putting this back up top