Gilgamis - Lapta - following on from Has Anyone Purchased a Property

reillys


Joined: 12/09/2010
Posts: 8

Message Posted:
18/08/2011 23:11

t o the people on the previous link, which is now over 3 months old, on the Ecesoy site. Have you received email from Unwins regarding the dispute at Gilgamis construction and not being able to get the titles or not being able to sell or completely own the apartments? or has anyone got their titles?

Molly


Joined: 30/08/2008
Posts: 299

Message Posted:
19/08/2011 11:17

None that I know of.

billbob


Joined: 14/03/2008
Posts: 122

Message Posted:
19/08/2011 14:46

I did not have the e-mail from Unwins, but was forwarded it by a friend Trish who is trying to sell on our site. We both contacted our Solicitor Munir Akil who replied stating really what I already knew as we have just returned from Cyprus. There are issues between Husseyian and Ahmet and they are in Court, but it should not directly affect our site. Work is contiuning there albeit slowly, and I was told by Husseyian not to worry (?) I knew anyway that we would not be able to obtain our deeds or complete for a little while as the site is not yet complete so cannot be parcelised. I was told that there are tenders being put out for a maintenance company to complete the pool etc, but if owners of the apartments there are not sending their stage payments for works that have been complete then we will be waiting even longer for the site to be finished. They do not have the money to continue unless everyone pays what is due to Husseyian. Ruth.

paddywack


Joined: 04/05/2009
Posts: 959

Message Posted:
19/08/2011 16:07

Manure Akil again

britvic



Joined: 05/09/2008
Posts: 3039

Message Posted:
19/08/2011 16:17

Manure failed to find the Mortgage that had been placed on our land, it was one of the other residents Advocates that found it, and very nearly too late.

Safeguard yourselves and make sure a search is done as soon as possible

ebbern5


Joined: 03/06/2008
Posts: 79

Message Posted:
19/08/2011 20:30

We have an apartment on this site and will be in TRNC next week, would like to meet any other owners while we are there please reply if interested.

reillys


Joined: 12/09/2010
Posts: 8

Message Posted:
19/08/2011 22:22

have contacted Peyman Erginel, solicitor, and she has advised suing the vendor/landowner and ask for the title-deed and/or compensation. this should obtain security on our investment

TRNCvictim


Joined: 17/08/2010
Posts: 1417

Message Posted:
19/08/2011 22:52

reillys (mess 7)



And how much is that going to cost you? Do you know of anyone who has received compensation? the TRNC don't like giving Refunds of any discription!

reillys


Joined: 12/09/2010
Posts: 8

Message Posted:
19/08/2011 23:03

TRNCvictim,

dont know yet, is this not a good idea? doesnt it get you anywhere?

TRNCvictim


Joined: 17/08/2010
Posts: 1417

Message Posted:
19/08/2011 23:34

Do YOU know of anyone that has received in any way shape of form compensation from the TRNC?

Molly


Joined: 30/08/2008
Posts: 299

Message Posted:
20/08/2011 10:06

message 3 - when there is a dispute between vendors and/or landowners, the lawyers usually slap injunctions on any site the parties are involved with.



compensation payments - personally, I know of only one but you are missing the point. You have no security - the registration of your contract does not protect your investment in the event of a court case between the vendors. If you do not take legal action, then there is a very good chance you will lose your property and your money. The judges do not take into account the purchasers' registered contracts unless you enter the ring.



If you are willing to take the risk, the decision is yours alone.



You need to stake your claim and right to the property.

reillys


Joined: 12/09/2010
Posts: 8

Message Posted:
20/08/2011 12:01

thanks for the advice

billbob


Joined: 14/03/2008
Posts: 122

Message Posted:
20/08/2011 13:54

Mollie - do you have an apartment on our site?



Are you saying we should now be very worried about our apartments and all the money we have sent Gilgamis?, we could all lose everything? Apart from get advice from Munir Akil I do not know what else we should be doing?



Ebbern we have just returned but would be interested to know what you think when you get home.

Molly


Joined: 30/08/2008
Posts: 299

Message Posted:
22/08/2011 09:13

Billbob



No I don't have an apartment.



With regards to your investment, no-one else cares about it. Your property is an asset (not yours) that the parties will fight over. If you want to protect it, you should take legal action.

Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
22/08/2011 12:27

billbob,



change you advocate, to one more suited to contract law rather than conveyancing.What do you think message 4 and 5 are saying about M. Akir?

girne 29


Joined: 06/12/2007
Posts: 1488

Message Posted:
22/08/2011 13:02

No sympathy ,As well as from the UK govt, you were warned every day on here, and all over the world wide web, from people who had gone through the process not to buy but rather rent,and you chose to believe the estate agents over those people,some of whom took a lot of abuse. Dont expect the people of north cyprus to get you out of a situation of your own making . You chose to ignore what was staring you in the face

britvic



Joined: 05/09/2008
Posts: 3039

Message Posted:
22/08/2011 13:50

Do people still not know that their 'contract' is not worth the paper its written on? Beggars belief!

billbob


Joined: 14/03/2008
Posts: 122

Message Posted:
22/08/2011 14:35

Thank you Bradus for the advice. At least you are not being so abusive as the other messages left. We bought in 2006 Girne 29 and no, I had no idea at the time of what might be, as was not warned. What's done is done though and I am now looking for friendly advice of what is best to do for myself and many other friends I have on our site. I have only heard about nasty people leaving stupid comments on here and had not yet experienced it myself until now! Ruth

deekie



Joined: 02/10/2010
Posts: 8

Message Posted:
22/08/2011 14:49

All,

i received email from Unwins advising me to contact Munir Akil, which i have done but no reply yet! don't know the current situation with the gilgamis dispute or the state of the site. My perm to purch has been approved but unable to do so till the dispute has been settled, i am trying to sell but no longer through Unwins, dispute could last years. Prices have collapsed my 2 bed pent is now 30k!! so much for 6% growth per annum forecast from Unwins!!

Deek

britvic



Joined: 05/09/2008
Posts: 3039

Message Posted:
22/08/2011 15:32

billbob, I strongly advise that you change you Advocate, Akil cannot help if things go wrong (ie, a charge on the land).



Sorry, but that is the best advise I can give.



Munir Akil and Unwins........... Same as us, wish I had known then what I know now.

Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
22/08/2011 23:53

Biilbob,



Try and form a support group with the rest of the buyers. Share information as you have more than likely all got different advocates that will be giving differing opinions and suggesting different actions. Check that your advocates definitely registered your properties and see if there are memorandums on your site or individual blocks of apartments.Try to find out how much the memorandums are for and who is owed the debt. Do not rely on your advocate to do this, do it yourselves. Contact the HPBG, register with Stop the Blackmail in TRNC on fACE BOOK and see if a representative can attend the meeting at 3pm at the Pia Bella tomorrow. You might not wish to get involved and post but it is a good way of getting support and suggestions from others that have had the same experience.How did they do?which advocate has been effective? Should you remove power of attorney? Act now before debts mount up.



good luck.

TRNCvictim


Joined: 17/08/2010
Posts: 1417

Message Posted:
23/08/2011 00:14

Some Aga victims were also clients of Unwins and Munir Akil, (including me) please listen to Bradus and britvic, and on other links misunderstood! parts of the TRNC are very incestuous!



As britvic says wish I knew then what I know now!

billbob


Joined: 14/03/2008
Posts: 122

Message Posted:
23/08/2011 10:18

Thank you Britvic and Bradus for the advice. There are quite a few of us in touch who have bought on the site, there was around 10 families but I have lost touch with some. Most I'm afraid have Munir as the advocate - Reilys I notice you don't, any further information your end? I am certain all our properties were registered a few years ago (I believe I have everything here which I will dig back out), and most of us now have our permission to by and have taken residence. I won't be back out in Cyprus now though until at least next April so wouldn't really know where to start changing solitors etc? I don't know if it means anything but according to Munir the land our apartments are built on (behind the Rose Garden Hotel) is owned by a man called Unsal Ecesoy and is not party to the litigation claims going on between Ahmet and Husseyian at Gilgamis therefore the property ownership should not be affected - if this is true or not I do not know.

britvic



Joined: 05/09/2008
Posts: 3039

Message Posted:
23/08/2011 10:28

Hi billbob, The charge on our land was placed by the landowner not the builder, Munir told us there was no mortgage on the land, then one of the other Villa owners found there was, it had been placed in 2006 two years after we signed contracts.

After a year of taking the landowner to court and injunctions and lots of money the bank suddenly produced a document that said the Mortgage had actually been in place since 1998! (yeah right).

Get yourselves a collective Advocate and get searches done as soon as possible.

billbob


Joined: 14/03/2008
Posts: 122

Message Posted:
23/08/2011 11:41

Where do I start though changing solicitors Britvic, being back in the UK you feel pretty helpless..

britvic



Joined: 05/09/2008
Posts: 3039

Message Posted:
23/08/2011 11:54

Hi billbob, The only thing I can suggest is to get as many owners together as possible and try to agree on one Advocate for all, maybe one of them has a good Advocate who has been giving them good advise?

Yes it is frustrating when you live in the UK and have to rely on emails for information, and when you go on 'holiday' it is spent mostly in the Advocates office or hanging around the Courts.

I don't want to scaremonger as you may be perfectly fine (I hope) but there is strength in numbers, in case everything is not fine.

billbob


Joined: 14/03/2008
Posts: 122

Message Posted:
23/08/2011 13:11

Thanks Britvic. Yes it helps alot that I am constantly in touch with 2 or 3 others on the site who I now call friends. Two of them I believe are coming out to Cyrpus in a month or so, so perhaps I will wait until they return and see if they have further information (both are with Munir Akil though I'm afraid), but see if they could look into finding another Advocate for us all whilst there - like you say it is hard to know if to leave things be for now until we have further information or to move fast to safeguard our investments.

deekie



Joined: 02/10/2010
Posts: 8

Message Posted:
23/08/2011 13:14

Hi Guys,

We have an app on site (J6) although not in TRNC at moment so don't know the state of things, would like to keep contact and join in on any action with residents to try and safeguard our assets. No reply fron munir Akil after emailing him a few days ago under Unwins advice, if interested i will update all on this site with any information i receive.



Deek n Susan

britvic



Joined: 05/09/2008
Posts: 3039

Message Posted:
23/08/2011 13:20

Maybe the next owners to visit the site could take with them a standard note with an email address for all to contact? That might start the ball rolling.

deekie, you do not have enough posts to see billbob's email address but they have enough to see yours, maybe you could give the permission to email you?

billbob


Joined: 14/03/2008
Posts: 122

Message Posted:
23/08/2011 14:02

If you like Deekie I will e-mail you direct, I can see your address. I am in contact at the moment with Sunny44 and Trishybabe who are both visiting the site in a month or so. I also believe Ebbern5 (Lou?), might be out there at the moment or due to go at any time. If you do Lou please udpade us when you can.



Thanks Britvic for your help.

billbob


Joined: 14/03/2008
Posts: 122

Message Posted:
23/08/2011 14:42

I have just put together a list of names and e-mail addresses from this link, and our previous link that was started many years ago - I have 12 (including ourselves) contacts who have bought. I will send one e-mail to all and maybe we could stay in touch and pass on our information and advice. A few I cannot see addresses for, reillys, oldspice and hostage. If you want to contact me I am ruthharris@ntlworld.com.

Molly


Joined: 30/08/2008
Posts: 299

Message Posted:
23/08/2011 15:38

Billbob & Britvic



These are not easy disputes to sort out.



If the builder/vendor does not own the land it was common for the landowner to put a "charge" on the land in case there are disputes such as this. This would show up on a search as a mortgage so it is important to get as much information as you can.



The landowner would have given Power of Attorney to the Vendors for the eventual transfer of title deeds and payment of taxes. This can be revoked.



However, even if the landowner is currently not part of the dispute - he may well be in the future if the Vendors have not fulfilled their original agreement with the landowner, i.e. they have not finished his properties etc. It is also unlikely that he would be prepared to transfer the deeds to the buyers because he would then become liable for taxes and he (presumably) did not receive the sales income.



Cont'd

Molly


Joined: 30/08/2008
Posts: 299

Message Posted:
23/08/2011 15:45

cont'd



From the Vendors' view, they have (presumably) jointly invested significant amounts in the development and have therefore considerably increased the original land valuation. One of them will want paying off for their contribution and this is where it gets complicated.



The only way that buyers can make the judge aware of their investment is to make their own legal claim to the property. If title deeds cannot be transferred, there is a breach of contract.



Do not expect to receive compensation (a very rare event) but getting a memorandum on this land is your only way of getting security until the deeds are available.



If you do not protect your investment this way, the party who is awarded compensation can apply for a sale order for the site to be auctioned in order to raise the funds.

britvic



Joined: 05/09/2008
Posts: 3039

Message Posted:
23/08/2011 15:49

Molly see message 24, I have already been through this (still on-going) so all I am trying to do is get billbob and others concerned to gleam as much information as possible.

I do not wish for anyone to go through what we have and still are in the last year and a half.



Vicki

billbob


Joined: 14/03/2008
Posts: 122

Message Posted:
23/08/2011 19:12

Thank you Molly and Britvic, Mollie you say get a memorandum on the land to safe guard ourselves, should I be talking to Munir Akil about this or trying to find ourselves another advocate? How do you get, or what is a memorandum on the land? Friends on the site are out next month so maybe this is something they should look into if possible.

Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
23/08/2011 19:27

Get yourselves another advocate. Type in his name in the goggle box and ask yourselves is this a man I can trust?



Do not mix honesty with hospitality.

Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
23/08/2011 19:33

so sorry i meant Google box.

Molly


Joined: 30/08/2008
Posts: 299

Message Posted:
23/08/2011 19:39

I don't think that Munir Akil takes on legal cases so you could just ask for yor file to be released to whoever you decide.

reillys


Joined: 12/09/2010
Posts: 8

Message Posted:
23/08/2011 22:26

hi billbob, have sent you an email, please let me know if you get it ok

billbob


Joined: 14/03/2008
Posts: 122

Message Posted:
29/08/2011 19:39

Hi Guys,



Looks like a few of you could be out in Cyprus at the end of September / October, reilys, sunny44 and oldspice, maybe you could get together and share your thoughts - wish I could get out there too! Will pass on e-mail addresses to you all so you can maybe arrange.

Tenakoutou



Joined: 27/07/2009
Posts: 4110

Message Posted:
29/08/2011 20:23

My advice, unprofessional as it may be, although from a fairly informed layman with 30 years experience of Cyprus, North & South, is to seriously heed 'Molly's' advice and follow it 'to the letter'!

Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
29/08/2011 20:26

This article, question 2 ,may also support what Molly is saying.



http://living-in-northern-cyprus.com/review/2010/08/north-cyprus-legal-advice-august-sept-2010/

billbob


Joined: 14/03/2008
Posts: 122

Message Posted:
30/08/2011 15:38

Thanks all, still totally confussed though as have also been given the opposite advise, if we all start taking legal action then Husseyian, who is still working on site, could very well stop and walk out. This is the last thing we need as at least at the moment things are still ongoing, after 5 years of waiting if he walks now we will never get our site finished. Is there any need to start the process yet without hearing the outcome of the case between Ahmet and Husseyian - also been told this can cost up to £4,000 is this correct?

reillys


Joined: 12/09/2010
Posts: 8

Message Posted:
31/08/2011 10:27

thanks Bradus for the article, still pointing towards legal action, which is also costly on top of whats been paid already, but will see solictor when we are over

billbob


Joined: 14/03/2008
Posts: 122

Message Posted:
08/09/2011 15:32

Hi Ebbern5



If you are back from Cyprus yet are you able to update us at all?

ebbern5


Joined: 03/06/2008
Posts: 79

Message Posted:
18/09/2011 12:01

Hi all



just got back from Cyprus,

I visited the site on numerous occasions and there there were a few workmen pottering about. There are a lot of plants but all overgrown and the pool area was dirty and overgrown and no water.



There did not seem any people using the site, I visited at about 10.30 pm and i saw only two families ()one Russian who would not talk to me and possibly a local family.)

I visited my solicitor Fazilet Ozideniz and instructed her to do a search on the property, She said it will take a few weeks and I will keep you all updated

I think the problem is that Gilgamis overextended by starting the new developement at the front of the site just as the world recession hit and was left with property he could not sell and was unable to finish due to lack of funds. If we add to his problems by taking court action it will add more pressure and who knows what will happen (as he must be low on funds)

I beleive that we should wait to see the outcome of their court ca

ebbern5


Joined: 03/06/2008
Posts: 79

Message Posted:
18/09/2011 12:23

I think that we should wait till we see what happens with their court case.



If I where a partner in a company that split up I would also try to get some of my assets back by going to court.

It is only natural.



lets hope that it gets solved and not try to add any further problems to the situation with possible disastrous results.



lou

billbob


Joined: 14/03/2008
Posts: 122

Message Posted:
18/09/2011 13:33

Thanks Lou. I agree, I was told my Samara the workman that Husseyian is struggling with funds, but is doing his best to get the site finished as and when he can. I know he had sold a few of the 3 beds when we were out there in the summer so lets just hope people start paying their stage payments again (as apparently alot have stopped), and things can get moving.

reillys


Joined: 12/09/2010
Posts: 8

Message Posted:
19/09/2011 20:47

hi lou

thanks for update, sad that the site isnt looking too good. Are you not moved in yet?

slight worry, as you say, that the partners would be wanting to get some of their assets back, which could be our apartments?

have contacted our solictor again to see if she has any news of the court case. also will be going over on 28th sept.

philbailey


Joined: 17/01/2011
Posts: 3534

Message Posted:
20/09/2011 04:08

Another sad story

deekie



Joined: 02/10/2010
Posts: 8

Message Posted:
11/10/2011 15:20

Hi billbob,



Just spoken to Unwins who WERE marketing the sale of my app, there seems to be a total stalemate on the court case and advised me it is now just a waiting game! Don't know if you emailed me direct as you said but i did'nt receive anything.

Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
11/10/2011 20:02

Surely you need to check if memorandums are in place? I would also want confirmation that your advocate definitely registered your properties. Whilst your sitting back and waiting tradesmen could be putting memorandums in place and then you will be way down the list in staking your claims.

philbailey


Joined: 17/01/2011
Posts: 3534

Message Posted:
11/10/2011 23:29

Msg 52 , is that possible ?

Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
12/10/2011 00:07

Is it possible to check? Is it possible the advocate might have not registered the property? Is it possible there is a memorandum on the property?



Is what possible phil?

billbob


Joined: 14/03/2008
Posts: 122

Message Posted:
27/10/2011 12:56

Thanks for the advice Bradus, I have again asked my advocate to check that the land has been registered in my name which it has, and he is doing a lands search apparently to check about memorandums? He did say the court case is still ongoing at Gilgamis but it is Unusal Ecesoy that holds the deeds and is not party to the dispute.