Land Registry, and paid our stamp duty and now this names removed

basheer



Joined: 22/12/2008
Posts: 949

Message Posted:
26/04/2010 19:22

When we registered our contract with the Land Registry, and paid our stamp duty, we were informed that the property could not be sold, pledged or any other encumberance placed upon it, without our agreement. Were we misinformed?





What exact effect can a "memorandum" have on the situation? What is the legal procedure than you now have to follow to protect our investment, and the likely costs, and timescale?.



Thank you for your e-mail dated 06.04.2010. The funds did not arrive to our accounts yet, but before that we have bed news for you. We submitted your file to the land registry office in order to start the transfer process, but the file returned to us by the office as there are 2 memorandums registered on it. Memorandums registered by another lawyer about 2-3 weeks ago. This will delay the transfer process for a long time. Total amount of the judgments against the landowner is £80,000. We have already contacted with the lawyer

basheer



Joined: 22/12/2008
Posts: 949

Message Posted:
26/04/2010 19:26

this is not me but some other party and cyprus 44 member and they could do with some serious help

i have removed both parties names from this topic for now

gooligan


Joined: 30/01/2007
Posts: 1591

Message Posted:
26/04/2010 19:45

basheer,I know the site in question,if it's any help there is a section here under 'users complex' and it's entirely a private forum to owners only.

http://www.glencoecyprus.com/glencoeforum/index.php

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
26/04/2010 20:17

Here goes the "Most Helpful Member"

The Buyer should appeal to the President of the district Court against the decision of the Land Registry Office because the registration has priority over a memorandum and hence it was wrong of the land Registry to refuse to carry out the transaction. Please tell your advocate that "ismet said so"!!!

ismet

gooligan


Joined: 30/01/2007
Posts: 1591

Message Posted:
26/04/2010 20:25

"Please tell your advocate that "ismet said so"!!! "

lippylush


Joined: 29/12/2006
Posts: 197

Message Posted:
26/04/2010 22:09

They have the same problem as some 40 other owners all having bought from the same Builder. Ismet your posting is very informative why can't the Advocates sort this out if it is as simple as you say.Can you elaborate further on this posting please. Also how does one appeal to the President of the District Court.

Regards Sue

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
26/04/2010 22:29

I am afraid the new advocates may not know such things and there is a time limit for such an application, probably it is 30 days (off the cuff).

The official name of the application is "İstida-İstinaf" i.e. it is "Application-Appeal" made to the President of the District Court.

ismet

flossie44


Joined: 05/03/2009
Posts: 223

Message Posted:
27/04/2010 00:29

How can owners be expcted to appeal within 30 days if no one tells them about the memorandum. Are the advocates advised? It seems the only way to find out is when you try and get your deeds there is a nasty surprise in store. You could also read it on this forum. How can this be fair ?. Even a criminal has the right to be told the nature of the charge and then be allowed to defend himself. How can you defend yourself if you are not told about the offence.



As a local magistrate I sometimes despaired of the legal system but this makes the UK court process, both criminal and civil, seem much more equitable than in N Cyprus. Even if you do everything you can to follow the rules you can still be kicked in the teeth metaphorically.



flossie

cyprusishome


Joined: 31/03/2007
Posts: 2381

Message Posted:
27/04/2010 07:53

Contact Marian at Home Buyers Pressure Group. This is sort of thing she loves to get her teeth into.



Either go to Pia Bella on Tuesday between 12 and 15.00 or see web site - http://www.hbpg-trnc.net for contact details.

basheer



Joined: 22/12/2008
Posts: 949

Message Posted:
27/04/2010 11:52

THANKS ISMET YOUR INFOR HAS BEEN MOST HELPFUL AND THEIR LAWYERS HAVE BEEN INFORMED ALREADY LETS HOPE THERE IS NO DEADLINE AND THIS COULD LEAD TO OTHERS IN SIMILAR POSITIONS ,40 FROM WHAT WE READ

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
27/04/2010 13:17

The 30 day time limit for appeal or whatever runs from the time you are refused to effect the transfer of title deeds i.e. if you do not like any decision of the Land Registry Office you must appeal to court within the set time limit. In your instance, the time limit is not so important because there are so many people in a similar situation. Any one can apply for title deeds and once refused appeal to the court. As simple as that. Of course its your advocate who is going to do it on your behalf if you silver his/her palm appropriately

ismet