Title Deeds and the LRO

Do you have a problem getting your Title Deeds?
hinuk
Posts: 6
Joined: 03 May 2017 15:04

Re: Title Deeds and the LRO

Post by hinuk » 27 Nov 2018 16:25

Update time.........

Well, the LRO finally sent details of the transfer of the Title deeds into our names to us and the Developer.

He had 45 days to respond.

He did not respond to the LRO directly but his lawyer applied to the Courts who duly issued some form of writ against us and informed the LRO that we still owed money and therefore the transfer could not go ahead.

Now, I am sure that the LRO stated to us and all other parties applying for deeds that they will or would, only be interested in the Full Payment by the buyer to the seller according to any contract deposited with the LRO.

Therefore if this is true we have proved to the LRO that we have paid all aspects of the contract as required.

It is worth noting that the only "Extras" charged by the developer were never on an invoice but a receipt slip to the architect who not only disputed the said figures but also noted FALSE entries which he duly deleted from the amount requested. We paid the balance to the developer. These extras should not be taken into account in any form by the LRO, Court order or not.

The actual court order (WRIT) we have never seeen as the court officer attempted to serve the notice upon our tenant at the property. The tenant duly rejected the service of the writ.

The lawyers then approached our lawyers for our UK address. Luckily for us, many moons ago our Lawyer said to never issue him with details of our UK address. What a wise decision.

So here we are:

1. We know a writ has been issued through the court.
2. We do not know the context of the writ.
3. May we be stopped at the port of entry should we come to Cyprus?
4. Why are the LRO not issuing the deeds as they should?
5. How long do we have to pay the transfer fees or attend the LRO. We have no idea.
6. During this whole process the developer has not been asked for one iota of proof to substantiate any of his objections to a transfer nor his lawyer.

Regrettably, I am now attending stress related councelling as each year I get older and older and I see no end in sight to our problems. The bastards are winning at every turn.

I only wish to be able to sell my house and enjoy a few more years here in the UK knowing I can afford the odd meal out with my wife without always looking at the prices..................

Is any one else suffering as we are???

Howard



Nigel Howarth
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Re: Title Deeds and the LRO

Post by Nigel Howarth » 28 Nov 2018 09:47

Hi Howard and welcome to the forum

I've heard of this happening before to friends of mine in the Limassol District. They did get their deeds eventually after the developer withdrew the writ.

The banks have done something similar claiming that the law was unconstitutional. The government is working on amendments to the law that should be ready by the end of the year.

I think you should get in touch with your lawyer to see how best to deal with the situation.

I doubt you'd be stopped if you came to Cyprus. As for attending the Land Registry, I suspect your developer's lawyer has taken some action to prevent them from transferring the property. But there is no need for you to attend the Land Registry for the transfer to go ahead - they will do it automatically.

Regards


Nigel Howarth
Independent information & advice for Cyprus property buyers
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hinuk
Posts: 6
Joined: 03 May 2017 15:04

Re: Title Deeds and the LRO

Post by hinuk » 03 Dec 2018 13:10

Thank you Nigel.

I was about to copy/paste the actual e mail from the lawyer but you have covered all the points nicely.

One question please>

Looking through the papers from our original lawyer who dropped out once litigation reared its head, I found what seems to be a form to transfer the land into our name accompanied by a POA in the developer name appointing his then lawyer to transfer house and land.

It is dated 2003 the year we took delivery. We never knew of this and it has never been mentioned.

Have you ever come across anything like this?

Best wishes
H



Nigel Howarth
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Re: Title Deeds and the LRO

Post by Nigel Howarth » 03 Dec 2018 13:36

Hi Howard

It's quite common for a developer to appoint his lawyer as Power of Attorney. I expect this was prepared before the house was built? (hence the land and the house.)

The property includes the house and the land and they're both shown on the Title Deed.

I guess you still have no idea what the writ says?

Regards,


Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
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hinuk
Posts: 6
Joined: 03 May 2017 15:04

Re: Title Deeds and the LRO

Post by hinuk » 11 Dec 2018 13:02

Hello Nigel,

You are correct in that we still do not know the wording of the writ.

Here is a copy of our lawyers e mail....

Dear Haward,

Sokratis has filed an application on 04/10/2018 to cancel the decision of the Director of the Land Registry dated 22/08/2018 whereby he decided to proceed with the transfer of the property into your names.

Sokratis alleges in his affidavit t that you have not paid in full the sale price of the house and that the alleged extra works are non paid yet.

Sokratis has got an interim prohibitory court order preventing the Land Registry to proceed with the transfer of the property in to your names. The application was served on me, under an order for substituted service he secured from the court. The application and interim order were fixed for first appearance on 20/11/2018. We appeared on your behalf and opposed to the application and interim order.

We need to submit our objection and supporting affidavit. I will try to make out the objection and affidavit the soonest. The application was fixed on 18/12/2018 in order to file our objection.

Whatever I need I will get in touch with you.

End......


As you will appreciate Nigel, We have proved all we needed to do otherwise the LRO would not have offered the transfer.

They stated from day one that they are not interested in anything other than the "Contract" price but the courts are seeming to ignore these facts.

We acknowledge some extras and have paid an extra Cyp £9000 to this effect......But we will argue any more as Fraud as we have never received any quotes or invoices from the developer.

We await the 18th !!!!!!



Nigel Howarth
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Joined: 24 Oct 2007 14:38
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Re: Title Deeds and the LRO

Post by Nigel Howarth » 11 Dec 2018 14:51

Hi Howard

I note that in an earlier message you wrote "It is worth noting that the only "Extras" charged by the developer were never on an invoice but a receipt slip to the architect who not only disputed the said figures but also noted FALSE entries which he duly deleted from the amount requested."

Maybe the architect can help by providing an affidavit to that effect?

Regards,


Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
Read the latest Cyprus property news

hinuk
Posts: 6
Joined: 03 May 2017 15:04

Re: Title Deeds and the LRO

Post by hinuk » 16 Dec 2018 17:30

Hi Nigel,

Once the whole court case came up back in November 2005 the architect became a burrowing insect...

We employed him, but he teamed up very quickly with the developer who is also "President" of the village and has been the "Architect of Choice " for any village work ever since.

As you will appreciate he does not support us.

The village is of course Parekklishia and the architects' trading name is "TRIGON". Based in Limassol.

Bent as a nine bob note.

Case re LRO scheduled for 18th December so watch this space this coming week.

I wonder which lawyer the judge will support...........My money is on the bent one (not mine) as Daddy lawyer involved as a Government Advisor and high up in the Cyprus Bar. (No not the pub type).......



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