Memorandums. and how they can sell your paid for home!!

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
07/07/2010 20:06

WHY? When we were promised by the Government of The TRNC, that The Estates Agents Law, would put right the difficulties



people encountered, in buying properties in The TRNC, can we not get free title to our PAID FOR properties because the



builders accomplices have a memorandum on our property to cover HIS debts?



The Estate Agents Law (according to Naomi Memhet) strictly forbids ANY ENCUMBERANCE can be placed on the property after



Stamp Duty has been paid, and your contract "registered" with The TAPU Office. IS A MEMORANDUM, NOT AN



ENCUMBERANCE ?



Dr Ergolu, You said after the Karsiyaka debacle. it could never happen again, because the law had been changed.



Did The Estate Agents Law say any Encumberances ? Are" memorandums" encumberances?



Did anyone in your Government tell YOUR judiciary how the law, was meant to be interpreted.



If you are to retain ANY CREDIBILITY you need to sort this issue. A Large number of well meaning , good intenti

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
07/07/2010 20:07

ioned BRITISH CONTRIBUTORS need your support.



We Sir, acted in good faith. Now it is your turn!



wynyardman

newlad



Joined: 02/03/2008
Posts: 7819

Message Posted:
07/07/2010 20:13

Good luck matey,keep battling against these thieving,lying,robbing b*******

Paul.

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
07/07/2010 20:25

Seems that they are more interested in where they can get a cheap FULL ENGLISH!



Guess you get you get what you deserve!!.



Maybe the rumours that The British Community in The TRNC is finished. Ever wonder why? Cyprushome had a point!



wyn

walkerscott


Joined: 13/08/2009
Posts: 901

Message Posted:
07/07/2010 20:32

Doesn't Estate Agency Law state that no deposit whatsoever is allowed to be paid and accepted before the Permission to purchase is given?

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
07/07/2010 20:35

walkerscott,



We have our PTP. We paid our Stamp Duty. We complied with all their rules.



Why cant I have my Kochan?



wyn

newlad



Joined: 02/03/2008
Posts: 7819

Message Posted:
07/07/2010 20:39

Wyn,

Is your property on Esdeger,

Paul.

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
07/07/2010 20:42

Yes mate. If it was pre 74 this Government would not grant my PTP.



What a crock of S---t this lot are!!



wyn

cooper


Joined: 23/10/2007
Posts: 3386

Message Posted:
07/07/2010 20:45

Changing the topic slightly Wyn but do you know who does the best Full English and it must be cheap ??

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
07/07/2010 20:53

Cooper, no one loves a full english more than I do, but I do feel that having the Deeds to the home that I have paid for, is a teeny



weeny more important. Buyers in the TRNC are loosing their homes. The legal system is corrupt. We are seeking to arrive at



a level playing field for buyers in The TRNC.



Just my point, thats all!! Pass the tomato sauce!



wyn

walkerscott


Joined: 13/08/2009
Posts: 901

Message Posted:
07/07/2010 21:02

Wow, yes why do they not allow you to have your Deeds?!



Wyn, you need to make this a v e r y public example perhaps, if possible, through the media. Perhaps the same media which took an interest in the Oram's case and on the TV shows. Write a full article and send to all newspapers and all property magazines!



Do you have official correspondence on the matter? Sorry, but it does interest me and it should all potential buyers.



John

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
07/07/2010 21:18

Great post Wyn - excellent points raised

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
07/07/2010 21:19

walkerscott,



Without wishing to bore everyone...



We were told that by paying our stamp duty and registering our contracts with The TAPU no further encumberances

could be placed on our properties.



THIS IS A LIE. Any creditor of the builder can register a judgement debt, and apply a "memorandum" to the property

that you have paid for. ALL THE BUILDER HAS TO DO, IS TO REFUSE TO HAND OVER YOUR Kochan.



Its a thieves charter, and NEEDS THE PERSONAL ATTENTION OF DR. Ergolu PRESIDENT OF THE TRNC.



Sooner rather that later. And why he is sorting this out, why can buyers of Pre 74 property not get their Kochans?



If The TRNC want International recognition, they need to start playing by INTERNATIONAL LAW.



wynyardman

jock1



Joined: 06/01/2008
Posts: 3786

Message Posted:
07/07/2010 21:20

I can only agree walkerscott, wyn good luck on yet another, shall i just say "hurdle in life" as if you have not had enough make it public wyn.

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
07/07/2010 21:23

Jock,



I think that they should bring back the birch!



wyn

walkerscott


Joined: 13/08/2009
Posts: 901

Message Posted:
07/07/2010 21:28

Wyn,



I plan to be back out in Kyrenia at the end of the month. Are you willing to let me see everything on this matter?



I don't mind battling for people or a cause but i must see the evidence myself.

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
07/07/2010 21:33

walkerscott, if you want evidence then all you have to do is buy a property here and you'll soon get the local version of the the FULL ENGLISH which is a bit like the film FULL MONTY with your money being taken off you instead of your clothes.

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
07/07/2010 21:36

walkerscott,



YES! On what basis do you need to see this?. I will give you unfettered access to my Advocate and files, if it will help resolve

these difficulties.



wyn

newlad



Joined: 02/03/2008
Posts: 7819

Message Posted:
07/07/2010 21:40

Walkerscott,

That is a very kind offer of yours.Wyn needs all the help he can get during these awful times.Lets get these facts right out in the open and have these fugitives brought to justice.Wyn has acted in good faith, and paid well over what he needed to.Two eggs or one Wyn,

Paul.

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
07/07/2010 21:43

Sunny side up matey!



wyn



We shall overcome!

walkerscott


Joined: 13/08/2009
Posts: 901

Message Posted:
07/07/2010 21:52

if i go hammering at doors about this, i must know that it is all correct, not that i doubt your integrity Wyn.



catch you soon through your email.

dizzycows


Joined: 12/05/2009
Posts: 2736

Message Posted:
07/07/2010 22:05

Hi wyn, hi walkerscott, do hope you can help wyn as he and several others are caught up in a terrible nightmare, and any info or inroads to help, all the best in the quest.....

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
07/07/2010 22:20

This is what the forum is about - helping each other if we can. At the end of the day we're all in this together. We all own property here and most of us have had problems along the way. Let's all try and keep the focus and help each other and stop some of the bickering that goes on now and again. Good luck Wyn.



Well done Walkerscott.

honestie


Joined: 22/02/2009
Posts: 468

Message Posted:
07/07/2010 22:27

wynyardman Ive posted on this myself many times as going through the legal route! the registration of contracts apparently was to stop the mortgages and did not take into account the memorandums which are now taking over from the mortgages and can certainly mount to more money than the mortgages I know"



Yes the contracts say that there are to be no encumberances either before of after purchase but still means the only legal redress is breach of contract and sueing for damages which no doubt we may win but cant get the damages and cant get the deeds and another memo is subsequently placed on the property and then they have to be sold including the home youve already paid for and for which youve been awarded damages!



Hope youre with with me so far cos Im not. you couldnt make it up could you. trying to be posiitve is hard and I know not everyone has had it hard but for the ones who have it shouldnt be allowed to happen ane we do need to try and change things

Brinsley


Joined: 04/04/2009
Posts: 6858

Message Posted:
07/07/2010 22:35

Just change UK to TRNC!

http://www.youtube.com/watch?v=JQkActP-isE



Richard

honestie


Joined: 22/02/2009
Posts: 468

Message Posted:
07/07/2010 22:42

nice one richard dont normally like the sex pistols but could get used to it

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
07/07/2010 22:48

honestie.



I would like to posit some legal advice that I have been given.



In my case I paid 100% of my contract in May 2009. The builder was in trouble and asked for £7000 more. I had already



forgiven £6500 in contractrual penalties and agreed to pay another £4K to finish my villa.



I now have 2 memorandums and 2 injunctions on my property. (For the builders debts)



I am advised that I can apply to the court to be acknowledged as Beneficial Owner. This would leave the builder (who has now



filed for bankrupcy.) as Trustee holding the property in trust, on our behalf.



Question....Is it a forgone conclusion that the court would grant this or is this another TRNC way of dragging you into their



corrupt legal system, where you lose everything in the end. I NEED ADVICE FROM PEOPLE WHO KNOW!!



wynyardman

Lilli



Joined: 21/07/2008
Posts: 13081

Message Posted:
07/07/2010 22:52

good luck my lovely friends,, my heart bleeds for you as one who has been there and wers the t shirt. i hope walkerscott, and he seems an ok guy can help . john just email me anytime if you want to sound off. love to you both xxxxxxxxxx

honestie


Joined: 22/02/2009
Posts: 468

Message Posted:
07/07/2010 22:55

will do my best to find something out as am sure you know legal advise differs or should I say the course of action seems to differ but I take it the memorandums are court actions agains your builder and if theres mnoney involved who would pay. If you want you can email me

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
07/07/2010 23:15

Lilli.



Thanks for your good wishes.



Google in Victor Zammit, Sign in for his weekly newsletter.



You can also download his book FREE. I paid £15 for it. Excellent read.



Take care you and Guido. Hope to see you both soon.



John

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
07/07/2010 23:30

No 1 Doyen,



You are right. The true value of Cyprus 44 is as a forum to fight for what is right, and what effects the majority of the



membership. Of course there needs to be room for good natured humour, and information that is of value to the membership.



Keep up the good work, and cut out the backbiting! Just my view, thats all,



wynyardman

honestie


Joined: 22/02/2009
Posts: 468

Message Posted:
07/07/2010 23:30

wynyardman



when you get ADVISE FROM PEOPLE WHO KNOW will you let me know as in the same position as you and going round in circles as are many of us are

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
07/07/2010 23:45

Honestie,



I am quite happy to pass on any advice I get, for what it is worth.



wyn

johnnybgoode


Joined: 08/12/2008
Posts: 252

Message Posted:
08/07/2010 09:18

back to the top

joandjelly


Joined: 24/02/2008
Posts: 2953

Message Posted:
08/07/2010 11:06

I just thought I would throw into the mix that speaking to an advocate this week he advised us that since 1958 the law has always allowed for the registration of contracts and he says that it is the fault of the advocates who dealt with our property purchases for not ensuring this was done. I would be very interested in Ismet's take on this.

Wynyardman I can identify with your frustration and wish you the best of luck in your quest.

Jo (Kulaksiz 5 - still no further forward)

girne 29


Joined: 06/12/2007
Posts: 1488

Message Posted:
08/07/2010 12:05

Wyn

"If The TRNC want International recognition, they need to start playing by INTERNATIONAL LAW. "



Yes but if got recognition by EU then part of that would involve complying with laws of EU. If that meant the stealing had to stop ,a lot of people would potentially lose money in the future.

In other words once the TRNC is recognised,the game is up,so might be a case of make hay now while the sun shines.

ang1706


Joined: 28/01/2009
Posts: 570

Message Posted:
08/07/2010 12:28

Wyn,



I 100% sympathise and are in the same boat as you, as my builder has a memorandum that was mentioned on here from the HBPG about 3 weeks ago.

I went immeadiately to my lawyer and wanted answers and amazingly the lawyer did not know anything about the memorandum.

My builder like yours has debts with the bank, and during his heyday off a about 3-4 years ago was gambling a lot and thats the main reason why he is in debt.

I too paid my stamp duty to find out that there were encumbrances, yet all was still paid and NO ADVICE on these encumrances came from the Lawyer I had to find out from a neighbour!



When I told my lawyer anout the memorandum and she has a lot of clients in my position I just have not sensed any urgency and all I get is advice on how to sue the builder for breach of contract or pay for them to do a search to find out if my property is involved on this memeorandum.



Like you I am very concerned and are speaking to a family friend whose a QC in Scotland

Molly


Joined: 30/08/2008
Posts: 299

Message Posted:
08/07/2010 12:54

messg 35



You were wrongly advised. The registration of contracts was introduced in January 2008 and only gave limited protection.



Anyone brave enough to buy off plan now should only do so if the vendor consents to a mortgage/charge on the property.

mamachina


Joined: 22/11/2008
Posts: 730

Message Posted:
08/07/2010 15:05

Wyn is one of the many owners of homes in Lapta, Incesu, Malatya and Esentepe that are battling for their rights and their homes/titles. Marian has been helping and at long last there seems to be small ray of light at the end of the tunnel. But of course the train could stop! A lot of money is disappearing out of our accounts and into a deep hole!!

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
08/07/2010 17:38

I would just like to thank everyone for postings of kindness and support.

For those of you having similar issues, we feel your pain.



Mamachina is absolutely right in msg 39 , and we are indebted for the help we are being given.



The reason for posting is to make others aware of the pitfalls of buying in The TRNC, and the ever changing decisions of

The Judiciary on how they interpret the law. You cannot rely on the terms in your contract. You are not protected under The Estates Agents Law. It is not Britain!!



As Malsancak so rightly says NO KOCHAN NO MONEY.



wyn