THE SEASON FOR GIVING

2014-12-15 08.00.24 2014-12-15 08.03.072014-12-15 08.07.50

Today Immaculate Conception High School received gifts for Christmas, which was presented by Mrs. Roxanne Neita of Dee Vee Realty on behalf of American Jewellery Co.  AJC gave Immaculate Conception High two brand new microwaves to the Immaculate family. It was well received, the students were very appreciative and excited for the gifts.

NOW THAT IS THE GIFT OF GIVING!

If your stocking holder craves the opulence of jewelry and gadgets make the most memorable moments last forever.

FOR MORE GIFTS visit American Jewellery Company Limited, on their Facebook page Shop #11 Mall Plaza 20 Constant Spring Road Kingston Jamaica. Tel: (876) 926-6062

Innovative Architects

Today we stumbled on some exciting technologically savvy Architects online. They developed a website that looks and sounds totally foreign ( and in a good way) that will, we think, make a great impact on the way we do real estate development in Jamaica. As Developers (Dee Vee Holdings) and seller of real estate (Dee Vee Realty) We just had to blog about it! Check them out at http://www.archplansonline.com. RN

Lawyers declare victory for creditors

First versus second mortgagee; does the REB have teeth?
Let us know what you think.

Link: http://jamaica-gleaner.com/gleaner/20140905/business/business1.html

Privy Council ruling favours debt collector over real estate depositors

Avia Collinder, Business Reporter

The Privy Council has overturned a Court of Appeal decision that favoured Real Estate Board (REB) and investors in a failed development – a ruling that essentially reaffirmed Jamaica Redevelopment Foundation’s (JRF) rights as primary creditor.

The case originated in a dispute over four lots on which deposits were collected by New World Development Corporation Limited under prepayment contracts.

The shareholders in New World are Lascelles Poyser of Kingston and Margaret Poyser of Barbados, according to Companies Office documents.

JRF claimed the lots following a New World mortgage default, but learned later that the developer had lodged a charge against the properties in favour of the Real Estate Board.

JRF turned to Jamaica’s Supreme Court to reaffirm its primary claim over the property, and won the case heard by Justice Mangatal in 2011.

However, the Supreme Court’s decision was overturned by the Court of Appeal in July 2012.

The Privy Council judgment written by Lord Clarke and handed down on Wednesday, debated the meaning of Sections 26 and 31 of the Real Estate Developers Act 1987 and Section 70 of the Registration of Titles Act 1889 and concluded that, under the latter, the REB’s claim would be secondary to that of first mortgagee, the JRF.

It was agreed between the disputing parties, JRF and REB, that New World had registered the charge in favour of REB in contravention of the mortgage.

Attorney Sandra Minott-Phillips, QC, of the law firm Myers Fletcher & Gordon – who was one of three attorneys who argued JRF’s case in London – said on Wednesday that the ruling was a victory for creditors in Jamaica who otherwise might have stood to lose securities pledged against loans.

Now the threat has been averted, she said.

The Court of Appeal verdict “would have been a disaster for all creditor institutions in general. It would mean that a registered mortgagee would lose his priority. And you know, sometimes the value of the property can’t cover more than one mortgage. So if you lose your priority to a person registered after you, that can be disastrous to you,” Minott-Phillips said on Wednesday.

The arguments before a five-member panel at the Privy Council were made on March 12. JRF was also represented by Maurice Manning and Tavia Dunn, while REB was presented by Dr Lloyd Barnett, and Peter Knox, QC.

borrowed $14.8 million

The case dealt with transactions in the 1990s. Over time, New World had borrowed a total of $14.8 million from Horizon Merchant Bank and Horizon Building Society for reasons unrelated to the housing development, but used 24 acres of land as security.

Horizon subsequently failed, the mortgages were transferred to state-owned Finsac subsidiary Refin Trust Limited in 1999, and all the mortgages were later acquired by debt collector JRF.

Without discharging the mortgages, New World offered a number of lots for sale, and collected deposits from prospective purchasers.

In September 2006, JRF sent notices demanding payment of the loan. New World did not pay but subsequently, in February 2007, registered the charge in favour of the Real Estate Board against four of 40 lots and without mortgage holder JRF’s knowledge.

The debt collector tried to exercise its power of sale over the property in November 2007, but was blocked when the Registrar of Titles refused to register the transfer of title, claiming that REB’s charge took precedence and that board’s consent was required to complete the transaction.

REB was unwilling to remove the charge or consent to the transfer unless JRF agreed to compensate depositors under the prepayment contracts, according to the ruling.

JRF responded by filing suit.

The Privy Council reviewed key decisions of the Jamaican courts including whether or not the prepayment contracts were void and unenforceable and whether such contracts, which the parties agreed were illegal and in contravention of the Real Estate Developers Act, could be ranked in priority over JRF’s claim.

Minott-Phillips, in explaining the law lords’ decision that the REB charge could not remain first in ranking, said the decision turned on Section 70 of the Registration of Titles Act, which states that priority is determined by the date of registration of a charge.

“You look to how the charges are listed in the title to see how they are ranked. The one which is registered earliest has priority over the ones which are registered later. The JRF charge was entered into before the Real Estate Board’s charge. It ought to have been paid off before the prepayment contracts were entered into but was not, through no fault of JRF,” said the attorney.

The Jamaican Court of Appeal had ruled that “notwithstanding that JRF was blameless”, the wording of Section 31(5) of the Real Estate Developers Act gave priority to REB’s charge, said Minott-Phillips. But the Privy Council concluded that the interpretation of the section must be done within the context of the entire law.

“And, when you look at the act as a whole you see that one of the purposes of Section 26 was providing that first mortgages should be satisfied before pre-payment charges are entered into,” she said.

Barnett was said to be travelling abroad and unavailable for comment, while his assistant in Kingston said she would seek permission to provide email contact for Knox.

Emails to Barnett and head of the Real Estate Board, Sandra Watson, also went unanswered up to press time. Watson was said by her assistant to be in meetings on Thursday.

In another court case in the Supreme Court, involving the protection of depositors in another indebted property development, the Real Estate Board secured agreement that monies owed to depositors with prepayment contracts in the Palmyra condo complex would be repaid at the same rate as the debenture holders. The parties return to court on September 25 to determine the formula for compensation.

DV

Drought Lasting Effects

Jamaica, the land of wood and water, but lately the water has been scarce, causing crippling effects to infant industries such as home farming. Farmers in St. Elizabeth Jamaica have been struggling to continue this practice as the cost of water has risen.

Struggling to continue the crops of many farmers have began to wither under the unrelenting sunshine. Crops such as tomato, scallion, thyme, bell peppers and watermelon shrivelling from a lack of water.

Calling on their last trick, mulching. The farmers are fighting to the end to save their crops while praying for rain.

http://jamaica-gleaner.com/gleaner/20140704/lead/lead4.html

K.N

A week of important events

So much has happened this week that people will remember. Jamaicans all over will reminisce about these events for years to come. 

1.There was a rally in Half Way Tree, St. Andrew for the tossing of the buggery act. Thousands of Jamaicans went out to support.

 

The rally called on Jamaicans to stand up for strong and healthy families, righteousness and justice as well as to resist the homosexual agenda and the repealing of the buggery act.

 

2. The visit of the IMF leader to which Tufton now argues that the governement needs to live up to their obligations.

 

According to Dr Tufton, these uncertainties were never bargained for in any IMF agreement, and represent a failure on the part of the Government to live true to its obligation under the programme.

 

In all for many Jamaicans we are slowly learning that we must stand up for our rights as we continue to ask ourselves how long we can continue to survive under the IMF agreement and with the increase in crime. 

 

K.N

 

Revision of Ganja law.

http://jamaica-gleaner.com/gleaner/20140613/lead/lead1.html

 

The changes would also seek to remove the smoking of ganja, as well as the possession of pipes and other items used in the smoking of ganja as criminal offences

The land known through the media for producing such crops is now reviewing the Ganja laws. Personal consumption will no longer be a criminal offence. The citizens arrested for such crimes will have their records wiped clean, and will theoretically have a second chance at life. Many people have been arrested for the possession of a spliff and now they can have the peace of mind they should be afforded as citizens. 

 

What are your thoughts on the revision of this law? 

 

K.N 

New laws in town?

http://jamaica-gleaner.com/gleaner/20140606/lead/lead1.html

 

Another day, another law. This time it may affect a wider audience. There is to be an increase in fines for speeding and the implementation of a law for driving with the use of cell phones and televisions within the drivers line of sight. The speeding fines are said to increase by 300%. Also penalties for the demerit point system is being reviewed.

 

Motorists who exceed the speed limit by 50 kilometres or more will be slapped with a $45,000 fine, and in default of payment, to one month imprisonment.

A driver who exceeds the speed limit by 16 kilometres to 32 kilometres and is prosecuted by the police will face a 200 per cent increase in fines, moving from $5,000 to $15,000.

 

Is this the right thing for our law makers to do? what are your thoughts?

 

K.N

 

 

Solar Movement?

http://jamaica-gleaner.com/gleaner/20140602/news/news1.html

 

Oh! Our first step towards solar energy! With the high cost of our utilities and labour you would have thought that foreign investors would be running at just hearing the word Jamaica, but it seems as though the hotel industry is still standing strong.

 

Grand Palladium in Hanover, Jamaica is the first hotel to convert to solar power and from their projections they should start saving millions after the next four years.

 

Lead and others shall follow. Sine taking this initiative other hotels in Jamaica are now expected to follow, seeing the returns to be saved after converting to solar power. Is this the start of the age of change for Jamaica? Will it be that no other shall observe this new “trend”?

K.N

War for Utilities

http://jamaica-gleaner.com/gleaner/20140516/lead/lead1.html

 

Not sure if this is a form of justice. All Jamaicans know that our light bill is pretty steep even if we try our hardest to conserve light. Minimum wage is not enough in some households to pay the light bill. Hence, why some nationals have resorted to stealing. It’s not right but what else is there to do? 

 

JPS is now in favour of stricter laws to stop all the light theft. If these laws do work what will happen to those that cannot afford to pay for such utilities? 

 

K.N 

Our athletes up again!

http://jamaica-gleaner.com/latest/article.php?id=52726

 

One of the greatest athletes Jamaica has ever produced will be competing at the Cayman Invitational. We wish her luck and hope for her success. Her competition may be steep but just her participation shows Jamaica that she is a focused and determined individual. 

 

There are also 25 other Jamaican Athletes participating and we salute them on their way to victory.

 

K.N