Notaries accept short term solution for Kadaster
PHILIPSBURG — On Sunday, July 15th, 2018, in an invited comment regarding the expiration of the ultimatum issued by the notaries, minister of Finance, Perry Geerlings, stated that the notaries have accepted a short-term solution in regards to the functioning of the Kadaster and that the notaries have also offered their assistance if needed. However, what that ‘short term solution’ is is not clarified.
“The Notaries were asking to get clarity from the Supervisory Board on what steps they intended to take to address the situation at the Kadaster in the short term. That matter has been resolved.” according to Minister Geerlings.
Last week Wednesday the notaries on St. Maarten issued an ultimatum regarding the lack of a functioning Mortgage Conservator at the Kadaster. If by Sunday, July 15th, no action was taken to remedy the situation, the notaries would collectively take legal action against the Stichting Kadaster en Hypotheekwezen Sint Maarten and all other stakeholders. The situation had become a serious liability issue for the notaries as they have not been able to fulfill their notarial duties and obligations to clients for the past three weeks.
“Yes, things are in place as of tomorrow.” confirmed Marlene Mingo of Notary Office Mingo to StMaartenNews.com via Whatsapp. “Hope it will be arranged for the long run.”
Questions indeed remain pending regarding the long term solutions to the problems facing the Kadaster. The employment status of such long time Kadaster staff members such as Marcia Peterson, Natasha Constance, Rob Boekhold and even that of former director, Clemens Roos, remains a question mark. As the latter was mentioned by name in reference to his discharge as the Director of the Kadaster and Mortgage Conservator, StMaartenNews.com contacted Roos for a comment as he is the only experienced person available in the region to fulfill either function of director or guardian of the mortgage registry on a short term notice despite his legal termination in 2015.
“I was notified about and read the news that there are apparently some issues at the Kadaster in St. Maarten. The Kadaster is a strong organization with capable people and I am convinced it will tackle these current issues. As former director there is nothing more I can say and I wish them all the best.” Roos stated in an email to StMaartenNews.com.
Therefore the Kadaster still has to find a qualified Kadaster Director and an experienced Guardian of the Mortgage Registry (Mortgage Conservator). As the Kadaster services are crucial to the island’s economy in both the business and private sector, it is crucial that the relevant minister provides clarity as to what far-reaching measures are being taken to rectify the situation at the Kadaster, not only for the short term, but also for the long term.
With presently ongoing cases of liens being placed on properties encumbered by mortgages, transfers of land bought with mortgage financing and even bankruptcy cases, it is imperative that all stakeholders in the relevant sectors of our government, business and private communities obtain peace of mind as to the proper functioning of the Kadaster foundation.
In light of this situation, the minister of Finance should also shed light on the legal status of the appointed board members that are not reflected in the last Chamber extract of the Stichting Kadaster en Hypotheekwezen Sint Maarten (the official name of the Kadaster foundation) published on Wednesday, July 11th, 2018. The last question remaining would be whether we also see an updated extract with, among others, Louis Crastell Gumbs as Chairman of the Kadaster of St. Maarten.
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Relevant links:
Notaries issue ultimatum about non-functioning Kadaster
Chamber of Commerce extract of the Kadaster per Wednesday, July 11th, 2018
Article: Incompetent employees put Cadastre at risk
Opinion piece: Rudderless
Opinion piece: A coveted position
