Mortgage payment in arrear

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No.294
Q.: Repainting of woodwork. We had a quotation to repaint our woodwork, but no specifications were given by us, neither by the contractor. The painter just took the windows down, sand them down by hand and applied new paint. The result was terrible because the old paint looked through the new one. Is this the way this job is done in Cyprus dear Mr Loizou?
Lenia Jag

A.: You are asking me a difficult question since no specs were mentioned. What a painter does is just what he did and regarding oil paint woodwork that is O.K. But as I suspect it is wood with clear oil base paint (such as this is used for pergola etc) mechanical sanding down is needed. That means taking down the pergola either taking the members to the woodwork shop or on spot. We are all learning by experience dear Lenia and it is unfortunate that you learned the hard way. With the weather we have here I do suggest that oil paint is best for wood in external surfaces.
Regards,
A.P. Loizou

No.295
Q.: I own a plot of land in ½ undivided share. My other ½ share owner built a house but bearing in mind its size I suspect that he has used the building density in excess of the ½ analogy of the whole. Can this be done and does the planning authority not check the ownership/building density parameters?
Lellos Mac

A.: In order for the planning authority to issue a permit both share owners should sign the application and plans. So if you did sign for a larger house for your co-owner, there is a complication since “you gave” your permission. If however what he got as a building permit is less that what he has actually built it means that he has built contrary to the building permit and you are entitled to sue him (a) for demolition for the excess part (b) seek compensation (c) report the matter to the local authority that your neighbour has an illegal structure – A mess I am afraid.
Regards,
A.P. Loizou

No.296
Q.: We have a building plot without made up pavements. The Municipality built a pavement for the whole street and promptly charged all owners with an amount towards the cost. Is this legal, since we have not asked for it.
Pavlos T. Jaggar

A.: Yes they can under the building regulations and after all Pavlos you get something better, but not for nothing.
Regards,
A.P. Loizou

No.297
Q.: We bought a plot of land at Strovolos next to what we thought was a green area. In fact we went ahead and without asking, planted it and upkept this “green” area for the last 3 years. Suddenly we are informed that on this plot a small church will be erected!! Despite the fact that we are church going people we object. WE have visited the Municipality and we were told that everything is legal and that there is nothing we could do about it. Before going down the legal route and the expense do you think we have a case Mr Loizou? – My husband and I love your articles and the free advice that you promptly offer. We have no problem offering to pay a reasonable fee for your advice.
Thank you in advance.
Dimitra & Stelios Loizou

A.: My dear friends with a similar surname like mine how can I dare charge your anything?
If the green area was so classified as such (public green) in the building site division permit, the Municipality is at the wrong. If however the plot was classified for “common use” etc then the Municipality is correct. You only have to check the building site division permit and take the action you think appropriate afterwards.
Regards,
A.P. Loizou


No.298
Q.: We have a very important guest coming for dinner at our house and we wish to ask you a most odd question. What local dish can we offer him? We are trying to sell our property and we feel that a good dinner will help towards our goal. Can you help us please?
(name withheld)

A.: My dear friends because it is in a way, a property related question I will reply as follows:
* Make sure first that he is a meat eater.
* Secondly make sure that he has no objection eating pork (this can be replaced with lamp).
* For starters offer him a good quality local wine and even if it is not the best don’t worry (after the second glass it does not matter so much!!).
* Order a frozen (home made) mousakka which can be heated in the oven for 30 minutes and it is easy to understand when it is ready. Try it first a day before to make sure that you get it right (tel. and details enclosed).
* Make halloumi (good quality) and local sausages on charcoal or on the grill during the cocktails starters.
* With mousakka offer a fresh top quality material salad.
* At the end offer Cyprus sweets such as Yeroskipou lizo, daktyla or bottled fruit sweets.
* The last goes well with good quality zivania (snaps).
Having said that my friends be yourselves otherwise your important guest will sense that you are pretended.
Did I help you in some way? Please let me know the outcome since I have to check the results of my advice.
Regards,
A.P. Loizou



3/29705-td
8.3.2010

No.299
Q.: Many congrats for your suggestions. They are balanced in my view and hope the government will look into the whole real estate market in a way that will encourage investment.

Am based in Dubai and in the Middle East over the last 14 years and went through good times and bad times. Lack of transparency in real estate regulations was another factor that led to the decline in prices in the region notwithstanding recent economic recession. One are that also requires regulation reforms is with regards to developers. The notion of establishing an escrow account per project to ensure that buyers monies are spent for the right purpose will provide confidence and will eliminate cowboy mentality exercised by some. Also granting visa to some buyers who own property would potentially encourage foreign investment. The Arab world has always been neglected and nobody focused seriously towards this potential pool of investors. This should be addressed as despite liquidity oil rich nations will prevail going forward.

I have a lot of proper ideas that could be implemented with regards to real estate. May be one day I will sit down and highlight some.

Best regards
Ioannis Karapatakis


A.: Thank you for your comments and I look forward to a meeting.
Regards,
A.P. Loizou




3/29719-td
15.3.2010

No.300
Q.: Hi there Mr Loizou.
Like many who come to live in Cyprus we go through the paper work with the government
But after that there is no one to turn too.
My wife and I came to live on this wonderful island in 2005, we were issued with the ‘pink’
Slip ( Now on Yellow paper ) as a residence permit. I now see that it is renewable in a few
Months. Do we still require this ? and if so what are the benefits. We have already brought two
properties on the island.
I also understand now, that our UK wills will not be valid in Cyprus is this so, could you give me a rough
Cost on making new joint wills in Cyprus.
Many thanks for your column in the Cyprus weekly.
Very kind Regards.
John & Sue Finn


A.: To be quite honest with you I cannot answer your queries. Regarding your first question, I suggest you pay a visit to the District Offices – Immigration Dept. For the second ask a solicitor. Sorry for not being able to help you.
Regards,
A.P. Loizou


3/29720-td
15.3.2010

No.301
Q.: Hello Antonis Loizou and Associates,

I have just read an article (dated 27 Dec 09) regarding the current
'unfavourable' financial situation and defaults on mortgage payments.

I was reassured by your informative advice, as I am currently in a
situation where I may not even be able to afford my 'completion payment' never mind the subsequent mortgage.

Despite the difficult conditions in both of our countries I still hope to be able to fulfil these commitments, but I will always have
significant worries regarding the worst case scenario.

In the event that I cannot pay, then I presume the developer and the bank will chase me for payment.

I understand that I will lose any deposit paid and that the property will remain in their hands, but is there a likelihood of being persued back here in the UK for outstanding payments?

Thanks in advance for any further assistance in this matter.

Kind regards,

Adrian.


A.: I assume that you have paid a deposit for the contract. Even if you paid more than a deposit, the course of action that the developer has is stipulated in the contract. Usually what happens is that the developer cancels the contract, he then sells the property again and refunds your payments, provide he does not sustain a loss from the original sales price. If he sells the property at a loss (i.e. less than what you have agreed to buy but taking into account your deposit) he might be able to chase you back home as you say. This last action is most difficult to implement, but the matter is still there. Judge everything in prospective my dear friend and do not overstretch. Perhaps losing some of the money paid will get you off the hook for future troubles.
Regards,
A.P. Loizou
3/29721-td
15.3.2010

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