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ARTICLE · 18 SEPTEMBER 2018

Foreclosure Process Amended

Elias Neocleous & Co LLC
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The new amending law took effect on publication in the Official Gazette on 13 July 2018.

CyprusFinance and Banking

Introduction

In 2014 the Transfer and Mortgage of Properties Law was amended to introduce a streamlined foreclosure process aimed at helping banks to address the persistently high levels of non-performing loans and the issue of so-called 'strategic defaulters' (ie, borrowers that have the means but not the intention to service their debt).

Several of the amendments were ambiguously drafted and borrowers were quick to oppose them. Numerous court appeals were filed, most of which were successful in suspending foreclosures that had already begun (for further information please see "Courts consider confusion surrounding foreclosures").

Consequently, the 2014 amendments failed to achieve the desired outcome of reducing non-performing debt. With Cypriot banks' non-performing loans still at 43% of total borrowing (the second highest in the European Union following Greece), Parliament has decided on additional reforms.

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