Cyprus Property Forum for Buyers, Sellers & Investors

I bought my house in 2007 and paid in full. My Sale Agreement was placed in the local Land Registry office. I used a 'reputable' lawyer from a well-known law firm.
I have been battling for Title Deeds since 2010, using the same lawyer. I still do not have them and was told by him that it was due to a matter of unpaid taxes by the developer.
I put my house up for sale in April and finally have a buyer willing to buy on the basis of Assignment of Contract. He is using another lawyer in the same law company that I have been using.
Yesterday I was told by his lawyer that she has found that the developer has an unpaid mortgage of some 35K euro on my land, which was in existence when I bought the house!!

a) Can I sue the law firm for my lawyer failing to discover the mortgage at the time of my purchase?

b) Can I one day be evicted? It is my sole residence.

THANK YOU! I am so upset and stressed about this.

Dear Cathie,

Firstly, I suggest you get the Land Registry to carry out a Title Search on the property as this will highlight all claims against property and when they were lodged. I have just heard that the Land Registry has increased their charges and this search will cost you €27.50.

You can find further information, a guide and the relevant forms at http://www.news.cyprus-property-buyers. ... /id=004888

There is a possibility that the your lawyer did carry out a search, but the developer took out a mortgage after that search had been conducted, but before your sale agreement was deposited (in which case your lawyer would be in the clear).

However, if the mortgage had been lodged before you instructed the lawyer and he 'forgot' to carry out a search, he clearly failed in his duty of care. If this is the case I suggest you put the matter in the hands of another lawyer to see if it would be appropriate for you to sue.

Th British High Commission publishes a list of lawyers and I suggest you contact one of them. The list can be found at https://www.gov.uk/government/uploads/s ... lators.pdf

The mortgage you developer has was originally arranged at €35,000 - but he may have repaid some or all of this loan to the bank - conversely he may have paid none of it (which would make the balance outstanding higher).

Regarding eviction, I cannot say. If your house is on a development comprising a number of houses, it may be possible to persuade the bank to give you a 'mortgage release' in which effectively gives up any claim it may have on your property. Best get your new lawyer to deal with this.

And Cathie - can you send me a PM with the name of the lawyer, the law firm and the developer, I may have some information on them.

Regards,