Nearly two years after the Cypriot Parliament ratified legislation to establish a dedicated Foreclosure Court designed to protect borrowers with non-performing loans (NPLs), this vital reform remains largely dormant. Despite the passage of a special jurisdiction law in December 2023, which promised to shield primary residences valued up to €350,000 from foreclosure through a right to appeal, implementation has stalled.
The Supreme Court has ruled that the necessary conditions for activating the Foreclosure Court framework are not yet fulfilled. One key issue is that the legislation does not mandate the Supreme Court to proceed with the court’s establishment—making its creation voluntary rather than compulsory. This significant loophole has effectively frozen the reform in place, leaving borrowers without the specialized, expedited protections they were promised.
While borrowers can still litigate under existing laws to dispute loan terms or payment obligations, the absence of this dedicated court means protections remain slower and less targeted. For those searching for affordable homes, it is a reminder to stay informed—for instance, you can explore our extensive listings of cheap houses and villas for sale in Cyprus if you want properties backed by solid legal clarity.
Reacting to the impasse, the Ecologists party has reignited efforts to improve access to justice for Cyprus’s borrowers. Their recently submitted bill to Parliament aims to enhance legal safeguards against exploitative mortgage and loan contract clauses, particularly relevant when foreclosure procedures are underway.
This new proposal would empower mortgagors and other stakeholders to apply for suspension of foreclosure when disputes arise over debt amounts or abusive contract conditions. It also prevents lenders or credit institutions—including vulture funds and credit-acquiring companies—from issuing foreclosure warnings until all judicial challenges have been fully resolved.
Even in cases where courts rule in favor of lenders, debtors retain the right to contest judgments based on unlawful clauses, ensuring continuous protections even after initial rulings. The bill’s advocates argue this is essential to avoid rushed and unfair foreclosures, offering borrowers a stronger legal footing regardless of whether foreclosure notices preceded the bill’s enactment.
However, this progressive step faces likely resistance from powerful entities such as the Central Bank, the Association of Banks, and credit acquirers, as well as anticipated opposition from major political parties like DISY and DIKO. Nonetheless, the Ecologists are determined to have the bill reviewed by the Finance Committee soon.
With the Foreclosure Court remaining inactive, many borrowers are navigating uncertain territory that impacts the broader real estate market. Those interested in secure investments should be aware of ongoing legal developments affecting mortgage enforcement and foreclosure procedures.
For property seekers—whether you’re looking for auction properties or standard listings—it’s important to understand the shifting legal landscape and its potential impact on property rights and prices.
At INDEX.cy, we prioritize transparency and data-driven insights so you can make informed decisions in Cyprus’s real estate market. Stay updated with us for accurate analyses of legislation and market dynamics.
Support
Information
