Milo wrote:Svetlana wrote:Don't get me started on Title Deeds......!!!
lana
Kafenes does,nt want to talk about them Paph is asleep and in a dream world as far as Cyprus justice is concerned, but I would like to hear your opinion
OK, this is my first hand experience. My developer has ceased trading; there were a number of reasons leading to his downfall, not all of his making. We remain good friends and we swopped 'Xristo Anesti' over the weekend, so this is not an anti-Cypriot or personal issue.
Because of the lack of protection of Cypriot Property Law- which even fails to match the standard of Third World countries such as Sri Lanka! - I and hundreds of others find myself in the position of losing our homes.
It goes like this: the Developer goes bankrupt or ceases trading with large debts - around €4,000,000 in this case. No Title Deeds have yet been issued because of the indefensible delays in TD procedures. The TD are therefore assets of the developer and the Creditors make claim on these properties - and we are talking about 100+ for this developer alone.
I checked at Land Registry and my record, along with all others lists the Creditors and amounts outstanding.
So, yes I used a long established and reputable Paphian lawyer and yes the Contract was lodged with Land Registry for Specific Peformance, yet although neither I. nor the developer, has ever had a mortage on it, my home may be taken away from me. How can the Law allow such a situation to occur?
Well, I am more fortunate than some, in that the developer had no mortgage on the land and I have sufficient funds to fight a legal battle.
So, since July, I have been fighting to save my home; Court Hearing after Court Hearing with, I hope, the final Court Order in the next couple of weeks. the cost so far: €25,300. I will then be faced with Property Transfer Tax of €xx,xxx but I will tackle that when I come to it!
So, I am luckier than some; but how will those who cannot afford legal proceedngs or have discovered there is a hidden mortgage on their home, survive. That's another point: how can the system allow someone else to take a mortgage out on your land/home AFTER you have bought and paid for it?
Conspiracy theorists have suggested that XXX Bank is taking a tough stance so that a lot of cheap properties will fall into its lap - but who knows, who is doing what to who!
Anyway, I will report back when I have a conclusion!
Lana