Decision of P. Ioannou for cancellation of the auction of the main residence

At the same time, the Commissioner notes the fact that “complaints were lodged before him” about cases of sale, already, sale of main residence, pending objection for non-inclusion in the Home Plan “, which according to him & nbsp;” creates, unquestionably, very serious legal complications, which, if possible, can be treated only with the full restoration of the property of the affected borrower, in the pre-sale situation “.

In his information note to borrowers – consumers, the complainants filed an objection to the rejection of an application for inclusion in the Estia Plan, on May 20, 2021, “and have not yet received any response”, while noting that the Decision of the Nicosia District Court plays a crucial role in the issuance of its decision. , dated 5/4/2022.

He also states that “this is an absolutely fair, logical and at the same time groundbreaking decision, as a result of a very careful interpretive analysis of the existing legal framework”, which was issued by the Judge N. Talaridou-Kontopoulou.

“I came to the conclusions of my decision after substantiating the circumstances that formed the complaint under discussion. In view of the indisputable facts of the case, I considered it my duty to accept the complaint of the complainants. “These are real events,” he added. 08/2022 and set aside of the sent letters of Type I and IA “.

“Otherwise, that is, if the SPD does not comply properly, it goes without saying that the complainants have every right to go to court, defending their interests,” he said.

“Despite the fact that the sale in question was set for 22/08/2022, ie after about three months from today, I nevertheless considered it necessary to cancel it immediately, because, precisely, it is illegal, and the letters “'I' and 'IA', because they were sent prematurely, should be set aside.”

“Under the circumstances, these letters sent prematurely cannot have any legal effect, including the planned sale,” he said.

Regarding the actions of the borrowers, the Financial Commissioner states that in his & nbsp; information note, dated 27/4/2022, he had underlined the fact that his Office often receives similar complaints, “asking for its contribution for suspension and or cancellation of a planned sale of their property, because a decision is pending on their objection for not joining the Estia Plan (or even a first decision on the application) “.

Mr. Ioannou calls on the interested parties, cases in which the sale of their main residence proceeds while a decision on their objection for non-inclusion in the Home Plan is pending, to submit a specific complaint, following the legal procedures of the Office of the Financial Commissioner “.

He adds that this complaint should be accompanied by a certificate that it is a main residence, that his application for inclusion in the Home Plan was rejected, as well as a certificate that a decision on the objection is pending.

Extent of problem objections for not joining the Home

The Commissioner states that the objections for non-inclusion in the Home Plan, which are being examined before the competent Ministry, seem to be around 1,000, at least and adds that a number of similar complaints have already been submitted to his Office, for which he is forwarding & nbsp;

“However, in addition to filing complaints against me with content similar to the one referred to in my Decision under this Note, I am unfortunately obliged to record the fact that complaints have also been lodged against me. cases of sale, already, sale of main residence, pending application for objection for non-inclusion in the Estia Plan “, he notes.

This fact, according to Mr. Ioannou,” creates, without a doubt, very serious legal complications, the which, if possible, can be treated, only with the full restoration of the property of the affected borrower, in the pre-sale condition “.

Regardless of these complications, the Financial Commissioner states that “these complaints will be addressed, with a decision, within the next few days, in the context of the Establishment and Operation of the Single Out-of-Court Financial Dispute Resolution Body of the Law 2010 ».