THE ROLE OF THE MORTGAGE CONSERVATOR AT KADASTER BY THE NOTARIES ON SINT MAARTEN

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An important task of the Mortgage Conservator on Sint Maarten (formally part of and known as STICHTING KADASTER EN HYPOTHEEKWEZEN SINT MAARTEN), is that the Mortgage Conservator is the administrator and the guardian of the Public Registries of all immovable properties on Sint Maarten. The Mortgage Conservator has to see to it to register all title and rights (including encumbrances such as liens and mortgages) of any type of ownership of immovable property.
Changes in the ownership of an immovable property are being carried out on Sint Maarten by a civil law notary via a authentic/notarial deed or by a ruling of the Court. A civil law notary is legally obliged to submit the deeds or declarations for inscription within the public registries at mortgage conservator (Kadaster) and has to see to it that the title to the immovable property that has been transferred is free and clear of any encumbrances. This final title should be evident from a final title search which is issued by the Mortgage Conservator and subsequently upon receipt of such title search the civil law notary will proceed and pay out parties (for example the seller).
Mr. Clemens Roos who has been the head (Managing board) of the Kadaster has been legally dismissed by the Court of First Instance on Sint Maarten as per August 1, 2015, which is now (almost) three (3) years ago. Up till present the Kadaster is NOT functioning as there was no new appointment for a new Managing Boardmember. The Supervisory Board which members are not legally known since there has not been an update of registration of the Supervisory Board members have not taken any measures to solve the problems and issues of which the Public and the Notaries are being jeopardized as the notaries cannot follow up and in turn notaries are being accused of failing to proceed or not carrying out there work with all legal consequences and liabilities of which the Ministries are not aware and the Public is being misinformed.
Until shortly the Supervisory Board (along with the Ministries involved) of the Kadaster appointed an employee (M.P.) to carry out the function (next to her present work-related activities). Subsequently the notaries have indicated the seriousness of the functioning of the Kadaster and to top it all, a local very hardworking employee (N.C.) on who the notaries could always rely on (but did not have the authorizations to sign and/or approve the registrations of deeds and documents) left the Kadaster after having worked there for 19 years.
Now the public and notaries on Sint Maarten, are left with a Mortgage Conservator and Kadaster with no signing authority for over three (3) weeks.
Sint Maarten (post Irma) needs for all stakeholders being government and the private sector to actively contribute and work on the economy of Sint Maarten.
If this is not being solved by the end of this week, being July 15th, 2018, legal measures will be taken against STICHTING KADASTER EN HYPOTHEEKWEZEN SINT MAARTEN and all other stakeholders as this no longer is ACCEPTABLE for and by the public of Sint Maarten.