Kulaksiz 5 Appeal judgement due very soon

[Keithcaley]

WITHOUT PREJUDICE – KULAKSIZ 5 v AKFINANS BANK LIMITED

The Appeal result is being heard on the 16th November 2017 at Lefkosa High Court at 13.30.

You may remember that the Lower Court Judge found in his ruling of the 4th December 2014 that both the mortgages and the subsequent auction conducted by Akfinans Bank Limited were fraudulent, ergo…illegal. Now the High Court could concur with that decision or overturn it.

There's an interesting article here

[13roman58]

I have been in one of these houses and because they are built on a river bed it is only fit for demolition so even if they hopefully win their case what do they actually win?
I have the deepest sympathy for them.Why can,t the government sue the builder for his assets in Turkey surely not a difficult task?

[goldfinch]

Be interesting to see the result could effect hundreds more court cases rogue builders solicitors and land owners

[cyprusishome]

13roman58 you are wrong about where the site is, certainly not on a river bed. The site is in Karsiyaka and people actually live in some of the houses.

If the decision goes against the bank I am certain they will continue the case as they have already invested so much in stealing the homes from innocent buyers. Problem for the government is that if the bank loose then there will hopefully be ramifications for many other buyers who are waiting for their homes to be auctioned.

[Groucho]

Too right David,

The idea that a site can be mortgaged to a bank who make no effort to establish whether the mortgagee has any moral right to effectively sell what he has already sold to others (due dilligence) is at lowest fraud of the most serious kind.

They are crooks in league with crooks and should be in prison - not behind desks...

Furthermore - no investor should hold any truck with a bank which cares so little for the ethics of good business practise... As they stand to lose their money.

[tingtang]

Referring to Pauline's article is there any precedent that TRNC participate in any hearings instigated by ECHR and accept decisions made by that court?

This whole affair is a story that the word 'scandalous' does not even begin to describe and a 3 year delay in obtaining a High Court Appeal adds salt to the wound.

Our thoughts and crossed fingers are with those Kulaksiz victims.

tt.

[thickey]

Good luck Pauline.Hope the gods are on your side

[cyprusishome]

tingtang, Pauline cannot post on this forum so I will answer your question. No, TRNC are not part of ECHR so any action would be taken against Turkey. The ECHR will not hear any case until ALL domestic routes have been exhausted. If K5 loose this current appeal then the owners would be able to go to ECHR.

There are mixed feelings on this point, if K5 win this appeal Akfinans will no doubt fight on as they will have invested too much in this case, what for example would it do to loose this stolen asset from the banks balance sheet? Therefore dragging the case on into Bleak House territory!! In some ways it would be better for K5 to loose because Pauline would then go to ECHR bringing as much bad publicity to North Cyprus banking and property sectors as is possible.

[goldfinch]

Please keep us updated on the out come of court case

[Art]

Unfortunately I’m not a Pauline Read fan but having successfully taken our builder to court I can fully understand the stress and anxiety this has caused to her and the other buyers .I might also add there is a legal process which in my case all though lengthy was also very fair and the cost was reasonable..

Pauline has always maintained that the legal process has particularly targeted her and that the court has deliberately delayed the appeal verdict.I do not believe this to be true because my neighbours court case and their eventual appeal ran parallel with her court case and appeal.Our neighbours appeal judgement was delivered two weeks ago.

I do however hope this now comes to a satisfactory conclusion for everyone involved and I look forward to the appeal verdict with interest.

[nigelh]

Does anyone have an update on what the decision was ?
nigelh

[Keithcaley]

Here it is - in Turkish

And here's what Google Translate makes of it...

(ER MEYDANI TV-SPECIAL): Approximately 12 years ago in Karsiyaka Akfinans Bank Ltd. the Supreme Court ruled in favor of the decision of the Girne Accident Court of 23 December 2010 on the decision of the Kyrenia Accident Court concerning the cancellation of the judgment of 2164/2006 in the case of a mortgage lodged by the Kyrenia Accident Court.

Although the Supreme Court dismissed the decision of 20/2015 in the case of the Girne Accident Court in the case of 23.12/2010 on 12.04.2012, the 8 names of the bank which were named in the name of the Bank were canceled, and the 14 plaintiffs (Robert Alan, Janet Blanche French, Philomena Anne Watkin Jones, the late Hedley Watkin Jones Terry, Anthony James Barker, Irene Elizabeth Barker, Eva Madeleine McCluskey, David Wilson, Marion Audrey Wilson, Derek Andrew Trainer, Rachelle Jean Bookatz, Brian Freeman, Margaret Freeman, and Christine Arline Beveridge Barclay) as defendants in Law 2164/2006, ordering them to be interviewed at the Girne Accident Court he gave.

The Supreme Court ruled that the Bank did not respect the claims of the Bank's lawyers that it would be unfair to talk about the British, and that the British were justified in the case of the Court's decision in the case no 2164/2006 that the lower court's ruling on the sale of houses in the case 2164/2006 was fraudulently obtained did not intervene in the find.

However, finding that Pauline Read's case was justified at the request of Akfinans Bank Ltd., the Supreme Court ordered Pauline Read's case to be canceled. Pauline Read had previously received a provision issued on behalf of the same immovable property in favor of compensation for damages.

Now, the British will be parties to the lawsuit filed by the Bank against Kulaksiz Construction Ltd., Abdurrahman Güney and Yuksel Yilmaz, which has been awarded on 20.11.2008, and the issue of the Bank's 8 house sales requests will be meeting again.

Alkan: "Nightmare is over"

English lawyers, Av. Hasan Alkan said in the statement about the case:

"The bank has opened evictions against the British because it was previously owned, and I think that these cases can not go forward anymore, and that we have achieved a successful outcome in the judicial process that we have been going on for so many years.

We believed that the sale of the houses of the British would have to be canceled in the judgment of 21.11.2008, which was filed in the case 2164/2006 against the Bank's Kulaksiz Construction Ltd., Abdurrahman Güney and Yüksel Yılmaz, and the Supreme Court ruled as we demanded, except for our client, Pauline Read.

We again demanded that the cobbles named for the bank which is named after the auction were canceled and returned to the name of Yüksel Yılmaz (ie the property owner). The Supreme Court ordered the 8 cobs, excluding Pauline, to be canceled and to return to Yüksel Yılmaz's name he gave.

Finally, we have been given the right to speak about the houses for which our clients claim, and the bank has requested the sale request of the bank, and the Supreme Court gave us this promise and ordered me to be a party to the case no. 2164/2006.

We will now make you a whistleblower for the cancellation of our belief that it is now fraudulent. At this point the English will continue to rest in their homes. The nightmare is over. "

[13roman58]

Cut the c#rp they Won
This will now set precedent on all the other illegal auctions and property grabs by banks that have given loans to builders knowing that they wouldn't pay it in

[Mountain Edge]

Cut the c#rp they Won
This will now set precedent on all the other illegal auctions and property grabs by banks that have given loans to builders knowing that they wouldn't pay it in

Tell that to Near East Bank who are demanding massive amounts of money from people who paid in full for their houses many years ago.

[cyprusishome]

Looks like a victory for the buyers on K5 site but what happens next. How will Akfinans deal with the fact that they still have a supposed multi million TL debt outstanding on a loan given to builders? How much will it cost the buyers to obtain their Kocans? What is the situation with Pauline Read?

A start but I think the end of this case is still a long way in the future.

[Art]

So pleased with the verdict which hopefully will inspire other victims to take legal action.

There is justice in the TRNC.

[cyprusishome]

Do not know all the details but Pauline has been sold down the river by her so called legal team. Unfortunately she is unable to post her side of the story on this site but I am sure that when this con has sunk in and she is able to put her thoughts in writing they will go on her usual media at NCFP. One thing is certain her next action will be to go to ECHR.

[Mountain Edge]

So pleased with the verdict which hopefully will inspire other victims to take legal action.

There is justice in the TRNC.

I’m sorry to say I don’t think there is any justice in the TRNC. Good luck to the fine people on Kulaksiz but I fear their troubles are far from over. They still have to get their Kocan’s off the bank and that, I suspect, will be very expensive. The banks seem to be able to do anything they want to do and get away with it. I can assure you that I am not just floating rumours, I am being asked to pay the same now to get my Kocan as I originally paid for the house 12 years ago and I am not alone in that. In spite of the fact there is still an active court case homeowners are being asked anything from £68,000 to £110,000 to be paid which is anything but a victory. The solicitors seem to think this is a success and broadcast the fact that people are getting their Kocans but very cleverly and cutely omit how much it is costing.

[Art]

Sorry to hear this.

Have you thought about changing the solicitor.?

I have to say our guy was top class and he even got our builder to pay us compensation which was paid on the same day our Kochan was transferred in our name.

[jaguar]

I can only echo mountainedge’s sentiments as we too have been asked by our Bank to pay a six figure sum to get our kocan despite having paid in full for our house some 12 years ago. This court case may perhaps be a battle won, and our best wishes go to the K5, but it feels like the war is far from over.

Whilst corruption and incompetence at all levels remains systemic on this beautiful but very flawed Island, there can be little confidence that proper justice will ever prevail for the hundreds of people caught up in this property disaster.

I truly hope that I am proved wrong but I suspect that the heartbreak and nightmares of many people who just wanted to settle here and contribute to the NC. community, will continue for some considerable time yet.

[tomsteel]

I fear posters personal cases/experiences, being so different, may be masking the nub of the issue. I was informed by our fourth advocate for a simple (sic) house conveyance, when we sought a breach of contract hearing against our developer, there is no provision within TRNC law to force the kocan holder to transfer it, whatever a contract states. Even if we won the case, all that we could obtain was our purchase price and limited damages but no kocan and if the developer then pleaded bankrupcy, no cash settlement either. This was later confirmed by our fifth and sixth advocates. A bank holding kocans due to non-payment of developers' mortgages is a different legal case than a builder demanding his KDV is paid by the vendor or refusing to confirm a contract. Many such latter cases are resolved via injunctions on the builder imposed by courts so there can be no further business conducted by that company until that court order is met. What a nightmare!!!

[Art]

Hi Tom.

You are absolutely spot on but that’s why you sue for breach of contract which normally will include a legal clause to hand over the Kochan following the completion of the build.

Interesting the court will not allow the case to proceed until they are fully satisfied that both parties have sufficient asserts to cover the claim.Whats also interesting is that 80% of cases never go to trial and are settled out of court especially if the claimant has put an injunction on the builders /developers assets.

The trick over here is to engage the right solicitor who unfortunately are like gold dust.

[tomsteel]

Art, forgive my limited knowledge of property law in the TRNC. However, if three separate and independent advocates confirm there is no provision within TRNC statutes to force kocan holders to pass over kocans, whether the breach of contract case is won, or not, what point is there taking banks to court over a number of years? All expats do is to make even more money for the judicial system. You won your case and many congratulations for that. However, the majority of plaintiffs do not and the K5 case will drag on via continued appeals and involving more individual expense, as will all of the other cases ongoing.

[Mountain Edge]

Hi Tom.

You are absolutely spot on but that’s why you sue for breach of contract which normally will include a legal clause to hand over the Kochan following the completion of the build.

Interesting the court will not allow the case to proceed until they are fully satisfied that both parties have sufficient asserts to cover the claim.Whats also interesting is that 80% of cases never go to trial and are settled out of court especially if the claimant has put an injunction on the builders /developers assets.

The trick over here is to engage the right solicitor who unfortunately are like gold dust.

Sueing the builder for breach of contract is a waste of time in our case as the company was declared bankrupt so you spend a shedload to go to court and then get nothing but a big bill. Incidentally he is still operating, but the new company is in his wife’s name,,,, very clever.
“Engage the right Solicitor” I hear you say but I suspect your gold dust is really fairy dust. For every recommendation there is a scare story and, to be honest, I wouldn’t trust any of them.
Sadly I have lost all faith in anything to do with the TRNC and that includes the government who just stand by and watch it all happen. It is a shame because the locals are really lovely people but it seems that once they get a shirt and tie and some hair brained qualification they become crooks. I am currently just finishing penning my story which I have been promised will be published by a UK national newspaper and I also intend to ensure it goes viral on social media.
Rant over, watch this space.

[cyprusishome]

Problem with solicitors, or any other service provider, is that for every good comment there will be one or more bad ones. This applies in TRNC same as anywhere else. Art may have had a very good result with his advocate but guaranteed the next case they take would end up like all the others.

I agree wholeheartedly with mountain edge and so happy we were able to get out with something. The problem starts at the top and as long as there are foreigners prepared to sign contracts and hand over their hard earned cash nothing will change.

[13roman58]

Mountain edge you have said that the company has been declared bankrupt and is still operating in his wife's name please for the benefit of all say who this is as I think he is still doing crap construction,
If not directly name them does she work from a place in the Karakum area?

[Mountain Edge]

Mountain edge you have said that the company has been declared bankrupt and is still operating in his wife's name please for the benefit of all say who this is as I think he is still doing crap construction,
If not directly name them does she work from a place in the Karakum area?

I don’t know what the new company name is but the old one was Boyut Construction and he is Firat Yildirim. He has his finger in quite a few pies and him and his wife are quite happy to be seen in the newspaper supporting charities and other fine deeds whilst, unbeknown to many, helping to ruin people’s lives. By the way, and I have to be totally honest,our house wasn’t crap but what has happened since is.

[Art]

Hi Tom.

I mentioned previously that you are right and the builder or developer does not have to hand over the title deeds because there is no Specic Performance requirement in the TRNC.They would however be liable to pay full compensation for the full value of the property including house price inflation and any fixed assets.In most cases handing over the Kochan would be the preferred option..

As for your understanding that the majority of plaintiffs lose their case I believe this to be incorrect and where is the evidence to support this statement.?The case we are currently discussing would help to support my view.

I'm just trying to give a more balanced view of the TRNC legal system which unfortunately is perceived by many as being corrupt.In my and my neighbour's case (he successfully sued our builder twice) we found the legal system to be extremely lengthy with numerous adjournments but fair.

[£eagle]

If a builder or bank demands, without legal justification, a payment to procure the release of title deeds that could constitute both the criminal and civil offence of extortion. This might be a useful extra string in the bow in any legal proceedings. Banks might also worry about their licence in the (unlikely) event that the Police follow through on a criminal complaint. The tort of extortion can also be used to recover money already paid over.
No doubt the local legal wizards have already given advice on the possibilities.
Leagle

[tomsteel]

Sorry Art, my reply has been lost to the ether so a 2nd attempt. My view the majority is based upon the numbers involved in the many cases similar to K5 where mortgages have been granted by banks - Gary Robb, Olive Grove, Sercem Construction and there are other cases reported in the Cyprus Today publication. The perception, held by many, has real validity given the number of cases, length of time and costs to involved vendors. Developers, builders and land owners declaring bankruptcy or insolvency do not help owners secure their kocans and that is the nub of the issue. You were successful, most others have not been so fortunate.

[Art]

Let us not forget the many successful builders and developers who have delivered the contract in full without any hassle and the owners have their Kochan.

During the course of this week I know of two sites in the Esentepe area affecting 46 properties who’s owners have recently received their Title Deeds -so it not all doom and gloom and it certainly doesn’t support the perception that the entire industry is corrupt.

Interesting-today’s edition of Cyprus Today is full of articles concerning crime and the associated court cases and some of the sentances are very severe- can we in all honesty say the same about the UK.

[tomsteel]

Art, I do not forget the legitimate developers, as my previous post indicated, or those achieving success, nor do I believe the whole industry is corrupt. How long have the Esentepe 46 owners had to wait, at what cost and what emotional distress? Did this number include the Olive Grove estate?

I will not enter into debate as to the UK v TRNC sentencing criteria on court cases. Both apple and pears comparison and off topic springs to mind. My focus is on the poor governmental and judicial management of the property industry experienced by many here. I guess, therefore, we will, again, have to beg to differ!

[Mountain Edge]

I agree that there must be some good builders/developers but, unfortunately, that is no comfort to the people who have been ripped off one way or another by all and sundry and, in many cases, have lost what was their hard earned pension pot. No amount of success for others can take away that pain.

[Medjoul1]

The trick over here is to engage the right solicitor who unfortunately are like gold dust.

Art,
For the benefit of the many of us who are caught up in "The great N. Cyprus Property Scam", please share the name of your Legal Advisor.
Medjoul

[Art]

Hello.

I have sent you an email.

Thanks.

[Mountain Edge]

Come on Art, let us all know. I might be looking for a new Solicitor soon as ours has sold us down the river. Without a canoe, never mind a paddle.

[Art]

Sorry ,

There are too many people looking for an opportunity to criticise the TRNC legal profession and those who work in it so hence the reason for not publishing his name on a public forum.

Should you eventually need a new solicitor please send me a pm and I will be happy to share his details with you as I previously have with other posters.

Thanks,

[JoandJelly]

Sorry Art, my reply has been lost to the ether so a 2nd attempt. My view the majority is based upon the numbers involved in the many cases similar to K5 where mortgages have been granted by banks - Gary Robb, Olive Grove, Sercem Construction and there are other cases reported in the Cyprus Today publication. The perception, held by many, has real validity given the number of cases, length of time and costs to involved vendors. Developers, builders and land owners declaring bankruptcy or insolvency do not help owners secure their kocans and that is the nub of the issue. You were successful, most others have not been so fortunate.

I came upon this old thread whilst searching for something else. Have any of these court cases come to fruition/been resolved?