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Could Ireland provide the answer to developer worries?
By Denis O'Hare
THE RECENT Eurobarometer 2009 survey covering the member states confirms what many have always suspected, namely that corruption may be endemic in Cyprus.
Part of the EU summary states: ‘However, in eight Member States, including Greece, Bulgaria, and Cyprus, there is almost universal agreement that corruption is a national problem’.
Recent media reports suggest that Greece has been lying to the EU over its national finances for years, behaviour which now threatens the very stability of the euro; and Bulgaria has reportedly previously lost €520m in EU funding due to corruption and fraud in that country. Now Cyprus is ranked alongside these countries by its own citizens.
Paradoxically, the EU anti-corruption organisation, Group States Against Corruption (GRECO), during its ongoing evaluation of corruption in Cyprus ‘was repeatedly told that corruption is not a big problem in Cyprus as there are very few cases’.
In the Eurobarometer survey, 94 per cent of the people surveyed in Cyprus agreed that corruption is a major problem in the country, with 82 per cent agreeing that corruption is unavoidable in Cyprus and has always existed, and with the police, politicians, public officials and the judicial service taking a beating, amongst others.
Transparency International defines corruption as ‘the abuse of power for private gain’, and the Bribe Payers Index 2008 states that ‘construction, real estate, oil and gas sectors are most prone to corruption’. Given that oil and gas do not yet figure in Cyprus, one can see where this leaves us and may very well account for the current scam-ridden mess in the property sector which the government refuses so far to address.
The boom years for property in Cyprus occurred after its accession to the EU, driven mainly by foreign buyers expecting the perceived protection which EU membership should have provided – how wrong they were!
Even though the government has now been fully briefed, rather than attempting to properly regulate the industry for the benefit of all, it seems content to try to mislead the EU with this ill-conceived and widely condemned amnesty legislation, only needed because of the State’s failure or refusal to enforce the laws designed to protect property buyers in the first place. Whilst the main area of complaint to the EU i.e. developers’ mortgages on buyers’ properties, is being swept under the carpet, because there is no apparent solution.
Reportedly, developers’ mortgage outstandings grew 107 per cent between March 2008 and March 2009 to €5.9bn. Since then, it has been further reported that the banks have been caught by the Central Bank trying to hide developers’ failure to service these debts by dishing out even more money and extending the loan periods. However, these banks are content in the knowledge that the buyers are unwittingly the ultimate guarantors of much of this orgy of unethical lending.
In the Republic, with the highest interest rates in Europe and little or no income due to the collapsed market, developers are now starting to go bust and the banks pushing them into receivership, in order to recover their loans. The banks have also recently raised their provisions for bad debts, with for example Bank of Cyprus seeing an increase of 536 per cent over last year. Additionally, as part of the unfolding crisis in Greece, the Financial Mirror reports that Alpha Bank and Piraeus Bank have already had their credit ratings downgraded.
In Cyprus, developers have previously sold properties which now years later still have mortgages on them. In order to service these mortgages, they will have to sell even more properties, and many of these new properties will also have mortgages on them. Currently, there must be tens of thousands of unsold and unfinished buildings with mortgages on them, most built specifically for the overseas buyer market.
With the current economic slump in countries such as the UK and Russia this will be extremely difficult, especially so as more and more potential buyers are warned of the deception of Cypriot developers in this respect.
Accordingly, we are heading to a situation where this developer debt could be toxic debt very soon, debt unable to be serviced and the collateral properties unable to be sold off by the banks.
There is a solution – not a pleasant solution but a solution nevertheless – and something the Cyprus Property Action Group raised with the Minister of the Interior some months ago. Namely, that Cyprus should adopt the same approach as the Irish government, which was faced with the spectre of massive toxic debt in the banking system, due to the Irish banks’ reckless lending to their developers to the tune of around €80bn; on properties which have since seen their asset values’ plummet and remain largely unsold.
The newly established National Asset Management Agency (NAMA), an Irish Treasury agency, has started to buy developer debt at only 70 per cent of the book value – so this is not a bailout for the banks. The developers will not be forgiven any debts, as NAMA has more power than the banks to seize and sell-off properties in the event of developer default – so this is not a bailout for the developers.
And this is not a burden on the taxpayer, as NAMA plans to make a profit on its activities which are expected to take 10 years to complete. The EU has also sanctioned the programme.
Remember also that in Cyprus the state could bring in huge amounts of Title Deed transfer tax to mitigate against any potential losses. However, it also has to be said that in Cyprus the existing mortgages on previously sold properties have to be factored in. Currently, in this land of secrecy no one will declare how many of these properties are encumbered and to what value.
Clearly, funding will have to be raised on the international markets for such a venture, but the longer the government dithers the greater the amount to be raised due to developers’ ongoing failure to service debts. At the same time, the lower Cyprus’s credit rating sinks the greater the premium will be on any funding.
Lack of any tangible action in the coming months could see the Cyprus property market severely damaged for the foreseeable future, something which is not in any of our interests.
Whether the government of Cyprus could be allowed to take such decisive action by the vested interests which got us into this mess remains to be seen.
Cyprus Property Action Group

tom and cath wilson from paphos comments:
Thanks for information, just goes to show how deep Cyprus is in it.
We will support all your efforts all the way, keep up the good work.
regards Cath and Tom
dave comments:
Jill Williams
You have to spread by word of mouth what go on there.That what we do all the time and we have put quite few people off being trapped by developer crooks in Cyprus.
Jill Williams from United Kingdom comments:
Our experience of buying property in Cyprus was to learn first hand of the corruption that goes on. We bought a property from a developer John Theodorou Estates. When it was finished we decided to sell it. As we lived in Uk Theo (John Theodorou) advised us what price we should market the property for. We were guided by him and we trusted him. He sold our property for 95,000.00 Euros more than he told us & charged us 12,000.00 Euros sales fee. We are still trying to get this money back from him with no success.
Cyprus leaves us with a very bad feeling.
Jill Williams
mick cleaton from paphos comments:
yes interesting reading. i have bought property from a developer in july 2007, and applied to the land regestry for information about the progress of title deeds. a very important question asked was has the developer(pafilia)got a mortgage on the land properties were built on. guess what they will not answer the question. xx
Denis McLean from Limassol comments:
Have been coming to Cyprus since the 70's when in the RAF and loved the place at first sight. I retired here in 1994 and have only ever rented, not because of any vision of the future but there was always something that niggled at me when I thought of buying!! Wasted money I hear, and generally you are all right on this matter although I have always bought and sold in the UK without problems and made a few shillings profit. The maximum rent I now pay is Euro350 per month for 3bdrms, 2bthrms and a large sitting/kitchen/diner and utility room with lovely covered outside patio area. My landlord Harry is wonderful, anything needing fixed and he is over in a flash repairing without cost.
My heart is with all those who have been cheated, unfortunately this embedded in the local mentality. If you can make them money, they will love you, if you can't they won't want know you. They talk about not being exposed to toxic assets in the world financial collapse, this may be true but I think all the loans in Cyprus are toxic and will never be repaid. As said untill they start to hit those who are part of the big fraud ie confiscating money in banks, cars and property then nothing will change. ps remember those who own the banks, building companies, estate agents are also in the GOVERNMENT!!!!!!!!!!
Warren Griffiths from Was Cyprus Now Safely Protected By UK Laws in England comments:
Excellent Work Cyprus Property Action Group
I was duped into buying a property off Pafilia when I was 26 years old in 2007, the development is still not connected to the water mains because the developer never owned the land, a huge water tank now lives right in front of my balcany so my solicitor didn't even do the basics I paid for when he was doing his searches because If I had known that I wouldn't have bought the place so he wasn't acting in the best of my interest but the developer, this is a complete conflict of interest, in the contract printed in black and white it states that any innocent party can cancel the contract and seek damages so even something in a contract is worthless in Cyprus, Britain or The EU parliment doesn't want to know
Cyprus has joined the EU but yet doesn't actually have to keep to the laws within the EU?? Why?? What does the British consulate do in Cyprus?? Why are they there?? Complete waste of money!!
I recently contacted the Cypriot embassey in London to find out if the Cypriots are well protected in the UK by EU and UK laws, also if their nationals have ever experienced the loss of thousands of pounds by a UK company? they never got back to me???
I am very lucky that I am still in my 20's and over a few years of hard graft maybe recoupe some of the cash back but it's the ex-pats who thought about retiring out in Cyprus that could end up losing everything that my thoughts are really with
There is a famous saying ''DON'T BITE THE HAND THAT FEED'S YOU'' take note Cyprus
Keep up the Brilliant work CPAG
Diane Lloyd-Roberts from Paphos comments:
Briefly this is our story
In 2002, we bought a single plot for CY£45,000 (€76,900) from a Paphos developer and then paid him CY£90,000 (€153,800) to build a villa. In 2007, hearing that the developer was in financial difficulties, we mentioned this to our Paphos lawyer. At this juncture and to our surprise, we were informed that there was a developer mortgage on the land on which ‘our’ property was built. Nevertheless, we were assured that it was “only around CY£10,000” (€17,000) and that the developer would pay it off - this did not happen .
However, we took it upon ourselves to visit the Land Registry to try to ascertain the true facts – only to find out that there was a mortgage of €59,800 against the land. This was taken out just before we bought and we would definitely have refused to go ahead with the purchase if we had been informed of this at the time by our lawyer. In actual fact as we were still living in the UK at the time, after checking the contract we gave him power of attorney to sign it on our behalf and then pay the money over to the developer
In the contract it states 'that no acquisiton authority has any claim on the plot of land and that they (the vendors) undertake the obligation to proceed and transfer the property on the name of the Purchasers free of any impediment. We therefore naturally assumed that there was no other claim to the land, especially as we like tens of thousands of other foreign buyers were completely unaware of this totally unethical lending to developers by Cypriot banks.
We visited the lender bank who informed us that the developer who had around 14 dwelling sites when he got into difficulties in 2007 has not paid anything off the loan he took out on our land since 2002! We were also informed that the balance has gone from the original €59,800 to a figure of over €85,500 with the added interest.
The bank helpfully suggested that we may want to take a loan ourselves to pay off the developer’s mortgage.!!! as they could repossess not only our land but everything built on it at any time, They would sell it at a reduced price to settle the mortgage and other taxes, and then give us what is left over, which would be virtually nothing. This is why the banks don’t care if developers don’t pay anything back for 7 years !
Thank god for Denis,without his help and support I would have gone mad. .
Mary from Paphos comments:
Thanks to Denis O'Hare for maintaining focus & pressure. He has cogently summarised the fact that the government shows no intention of addressing vital concerns, has little regard for its own financial future, but is adept at misleading the E.U. The issue of bankrupt developers raises further concerns. Not only does their insolvency often appear to do little to curtail or regulate their disreputable activities, their is also the curious role of the official receiver. I, like many others have paid in full for a villa which is heavily mortgaged by a now bankrupt developer . The appointed receiver is insistent that the only solution is to pay him a percentage of the initial purchase price (about 12 percent).The figures demanded are considerably in excess of the "official" government figures & despite repeated entreaties,the receiver has failed to specify what he actually does to justify this large amount of money. This payment is the first step, the second is to negotiate with the relevent bank to remove mortgages & memos, but with little indication of the sums or terms involved
I have heard of several people( all British) who have actually agreed to this & have begun the process whereby they pay the receiver, as they are now convinced it is the only way forward. If they want to secure peace of mind in their retirement, & feel secure that their children's inheritence is intact, then this may be true. But many of us feel that we have been approached because we are perceived as a soft target. The developers, & it seems the lawyers who push for a quick & costly solution are invariably part of the " vested interests" that Denis refers to.The fact that the government goes along in actually producing a scale of charges for those who demonstrably owe nothing, can be construed as brazen disregard of the rights of those who have invested in Cyprus , ofen heavily & certainly in good faith.How can an individual contest a system where corruption & a propensity for ramshackle solutions is both deeply rooted & pervasive?
The receiver who has presumably been engaged & empowered by the banks to deal specifically with debts targets the buyers who owe nothing, the lawyers if not totally integrated into the " vested interests" certainly collude with its values & practices. What do we do?
Tony Fletcher from Pegeia comments:
We have been living in Cyprus for 6 years and paid for a property we do not really own becuase we do not have our Title Deeds. We are held to ransom by the developer's until we get our title deeds. This is not easy. When deeds are available we are still held to ransom and can be robed agin in so called outstanding Taxes that have supposedly been paid but by 4/5 hundred percent over charge. Even if one sells before they have deeds there is a so called cancellation fee. (Which is illegal.)
Keep up the good work CAPG and information.
Robert O'Gorman from Pissouri comments:
Lawyers, bankers, MPs and, ESPECIALLY, developers are having a laugh and a very comfortable living at our expense and, unfortunately in some cases, our sanity. They have had it so good for so long that they really do believe that the goose will continue to lay their golden eggs for them. They are an unprincipled near sighted bunch of rogues and the government is terrified of upsetting them and the applecart.
Until and unless more of us are prepared to stand up and be counted and show the whole rotten and corrupt system up for what it is, the longer we property buyers (not owners) will remain in their grasping, greedy grip.
Give all the support you can to Denis and CPAG and show them that Denis is not a lone voice.
Keep the faith Denis, and don't let the Bs get you down.
dave comments:
Who are biggest advertisers in papers..........developers !!
bobby johnson from england comments:
when I bought a property from pafilia 3 years ago according to them it wasn't a problem, but as we have talked to ex pats who live in cyprus they tend to think that it's a money making scheme.
when we buy property in the uk it is either freehold or leasehold with leasehold a small fee is paid each year to the land owner, and in some cases you can apply to but the leasehold, some homeowners prefer not to, but that is their choice, in cyprus you
havn't got a choice, the developers can't sell the deeds to you until all of the properties on the development are sold, and even then they drag their heels over the matter, the title deedsshould be included in the purchase price of the property, this is a scam just to extort money from the vunerable purchaser
regards b. johnson
D Brockwell from pegeia comments:
So if the NAMA will have the power to seize and sell off properties, where the developer is indebt to the banks, does this mean those of us who do not yet have our tiltle deeds would potentially have our properties taken from us!
Where is the solution to all of us who do not have their deeds, am I missing something here?
Eileen Hilton from England & Cyprus comments:
Thank God there is Denis O'Hare and its high time he was recognised by the British Government and rewarded with a Knighthood for he is our knight in shining armour. It is just so hard to believe that you pay for property in full and still it is not legally yours. I keep thinking one day the penny will drop with the EU they will realise that innocent people are actually suffering both financially and mentally and sort the Title Deed fraud out once and for all but that seems a long time coming. We all have human rights although in Cyprus that counts for nothing.
We all have a voice through CPAG so lets all carry on supporting Denis.
Andy McClay from UK comments:
I have no doubt that the property market and the Cyprus economy will suffer greatly in the time ahead in view of the numerous property scams and lack of Government action to address these. A vibrant property market along with tourism are core to the Cyprus Economy The Cyprus property problem is now well known thanks to the efforts of the CPAG and it's members in spreading the word.
However this is something which no one,like myself,who have a genuine love of Cyprus wishes to see. The property market dies off,the banks suffer and ultimately because of the title scam we individuals, British and Cypriot together with many others will suffer. Why? Because we are investors,mortgage holders ( some of us obviously did not realise this) and bank depositors. We will be hit twice. If the Banks ultimately go down our deposits will vanish.
"Simple" steps can be taken now to try and sort the problems in my opinion without the need for legislation.
Stop the problem happening again. The Attorney General and the Law Society should route out and deal with rogue professionals immediately and effectively. The Bank of Cyprus should ban Banks from lending any more money on properties already mortgaged. If the developers want more money bank waivers are automatically granted to new purchasers. Banks should pursue developers for payment of debt rather than lending more and increasing the debt. They would not let us miss our mortgage payments for too long!
Sorting the problem for new sales would not be difficult and would ultimately restore buyer confidence in the Cyprus property market.
For those of us already caught up in the scam we need the Government to take action and ensure that those of us caught up in the Cyprus shame of this scandal are left mortage free and that the rightful debtors are held personaly responsible.
If this issue is not resolved I fear the worst for the Cyprus economy.
Ellie comments:
Well, let's hope somethingis done--sooner rather than later! Surely the EU should actfor us all.
Mike from L comments:
To anyone who has known Cyprus for the last 50 plus years and is also familiar with other parts of the world the corruption issue will not come as any surprise except that in days gone by it would not have been termed corruption but keeping the wheels of commerce turning.
Corruption, nepotism and only abiding by those laws that suit whilst ignoring the rest is how Cyprus has developed and was attractive to foreigners. It came under the Generic heading of "a laid back attitude". All was well until those from s different Country & Culture thought of buying into the Cypriot way of life and living here.
I am not excusing the attitude as I do believe had we not joined the EU staying exactly as we were would have worked but joining the EU brings not only benefits but responsibilities too and I am sorry to say that all indications are that we are quick to pick up the benefits but slow to implement the responsibilities.
The property issue is a monumental farce by any measure of a civilised administration. The apparent lack of effective control of the judicial system is another. The absence or apparent absence of accountability must be addressed as must be the xenophobic attitudes of town & city dwellers. Fortunately much of our village life is still based on traditional Cypriot values of hospitality and welcome.
I work in UK and can understand the vast difference in cultures, likewise I also see and hear of Cypriots whining and moaning about the British administrative process and rip off mentality together with their being aghast at the overgenerous benefits system which is perceived to reward the bone idle but penalise them who they consider to be hard working, most are, but not all. A familiar tune can be heard in Cyprus with the British ex-patriot community. Likewise similar stories come out of South America, South Africa, Australia, Indonesia, Hong Kong, the Middle East and North Africa.
Cyprus must adopt EU values, Legislation, Guidance and regulation sooner rather than later and the sooner the Government Ministers can see beyond the end of their noses and at the same time tell the people the truth then perhaps they will find that people will accept the measures that need to be put in place to arrive into the 21st Century as then we can rightfully claim to have adopted the EU vision. Sure it will be hard, we will all suffer for a while, but at least it will get back to normal, confidence will return, holidaymakers will return and we will prosper.
As long as we continue to lie, distort & embellish the truth we will not retain any integrity as foreign institutions and people will only be caught once, they now view anything we say with suspicion and sadly I must admit they have good reason to.
I firmly believe our administration has the ability to put things right for the good of all citizens including those who have adopted our country as their own and contribute vast sums to our economy, however they must have the moral fibre and will to do so. Permitting outside interested commercial parties to influence Government is a recipe for disaster it must not be permitted to continue and reports to the EU must be truthful.
I have since birth told my children to always tell me the truth in order that I can protect them perhaps the Government can adopt the same attitude toward the EU. Constantly claiming there is no problem when there so obviously is is not doing the Nation or it's people any favours. If it is the case that those making the statement genuinely believe it then perhaps they should have the decency & honour to resign and let someone who is capable of understanding the problems take over.
Paul Collins from Paphos comments:
A painful solution, but the only one that I feel would work.
We all know this country is corrupt in many areas, and its high time the EU started to enforce it's laws and regulations here, in all areas from title deeds to car duty and beyond.
George Price from UK & Oroklini comments:
Dennis you are absolutely on the ball it is amzing this problem is not so widely reported as the Spanish ones are.
Maybe it is too simplistic, but the Government at a stroke of the pen could invalidate developers/builders & banks' claims on properties already sold and paid for by homeowners.
The honest developers would chuggle along as normal producing the title deeds for the owners, whereas, the crooked ones would not survive.
Furthermore, are there many examples of people being driven from their homes by these bad loans?
Costas Apacket from RoC comments:
On the Head of the Nail Denis.
James JH lockhart comments:
Well done CPAG,