Title Deeds and the LRO

Do you have a problem getting your Title Deeds?
hinuk
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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
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hinuk
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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,


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hinuk
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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 !!!!!!



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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
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hinuk
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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).......



hinuk
Posts: 9
Joined: 03 May 2017 15:04

Re: Title Deeds and the LRO

Post by hinuk » 22 Apr 2019 14:02

UPDATE.................

Well. As usual, what can I say.

The case went to Court again in December with the Judge (who had no understanding of the law with reference to the title deed situation) deciding that he would have to consider and for the lawyers to retrn in March.

The lawyers duly turned up and the Judge decided he would await an application in front of the Supreme Court which is due to be heard in early May.

Now this is fine, except that the application in front of the Supreme Court refers to the Mortgage situation (with the Banks) within the Law to issue titles.

Our case does not involve any mortgages at all.

So what he expects to learn from that is anyones guess.

The developers approached our lawyer with a suggestion that we pay an extra Euro 6350 approx which was accepted and then refused way back in 2005 by the developer.

We instructed the lawyer to say we were willing to pay this extra purely to get the deeds and end this stupidity.

They have since changed their minds and are continuing to claim over Euro 16000 plus interest for non existant extras.....

What is interesting is that in all the years of courts, pseudo arbitration etc no one has asked the developer to produce any invoices or communications to us or the architect with reference to what these "extras" are for........

Well, I have moved house in England (rented) and I suspect this will be our last move before death. I wonder whether we will ever escape the Cyprus bastards before that day.......................

Happy Easter everyone.



Nigel Howarth
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Re: Title Deeds and the LRO

Post by Nigel Howarth » 22 Apr 2019 14:51

Hi Howard

A judge not knowing the law? What a mess.

Do you have any date for the next hearing?

Regards


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hinuk
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Re: Title Deeds and the LRO

Post by hinuk » 06 May 2019 11:47

Good morning Nigel,

The Judge has set a date of 17th May to hopefully rule on the application by my developers lawyers against the LRO. These are the actual words used by my lawyer in response to my e mail regarding te date of the hearing.

This will be in the Limassol court.

If you will be looking for the listing the developer is Sokratis Pavlou. His lawyers Papadopoulous of Limassol.

"Sokratis΄ application to the Court applies for a Court΄s order to set aside the decision of the Director of the D.L.O. in Limassol to proceed with the transfer of the house into your names".

I will see his reaction before the Judge on 17/05/2019 and let you Know about the possibilities

I cannot see how they can oppose the Director of the LRO, even accepting that they are still chasing me for "extras never done etc etc." which we consider to be outside the scope of the LRO as shown in the original law change allowing deeds to be issued.

will it ever end????

Regards

Howard



Nigel Howarth
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Re: Title Deeds and the LRO

Post by Nigel Howarth » 07 May 2019 09:12

Hi Howard

There's nothing preventing your lawyer from asking the court to set aside the LRO's decision and transfer the property to yourselves.

Regards,


Nigel Howarth
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howardinuk
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Re: Title Deeds and the LRO

Post by howardinuk » 05 Sep 2019 13:08

Next Court hearing September 20th.

We have had to provide yet another affidavit proving we Paid house in full. Plus copies of all cheques again.

Talk about corrupt!!!!!!

Not holding out much hope.



Nigel Howarth
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Re: Title Deeds and the LRO

Post by Nigel Howarth » 06 Sep 2019 10:04

I hope the hearing goes your way.

Regards,


Nigel Howarth
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