In 1935. Lived in Lodz Stefan S. bought a large building plot at the intersection Szustra and Bałuckiego in Warsaw. The plan was to build an exclusive house apartments to rent. It was time investment boom, so the banks willingly grant loans for such purposes. According to the meticulous calculations of bankers after a few years kamienicznik he could quietly pay off the debt with interest, and together with the bank to earn well.
Stefan S. going to build 10 apartments. Three large, above 100 meters, the rest was to be halved. Investment costs agreed to cover existing today Bank Gospodarstwa Krajowego. On the first page of the old land register at the beginning of this century bore zszarzałym ink calligraphy entry of contracted at BGK loan in the amount of 36 thousand. zł, which was – as noted – the equivalent of six gold bars. This entry is gone, because the pre-war book mysteriously disappeared from the Mortgage Court for Warsaw-Mokotów. With the debt and gold.
cake eaten on loan
Stefan S. properly built house: thick walls , half a meter ceilings, solid woodwork everywhere under the plaster and floors isolation from real cork. Money from the loan enough to 2/3 of the investment. The plan was still four apartments and a garage. For further indebtedness estate but there was no chance. In 1937. Stefan S. signed an agreement with the owner of the store at ul. Puławska – K. sold him ponadstumetrowe lodgings on the ground floor. But the shopkeeper also had no money. The settlement gave so S. his small apartment next door in Mokotów, the cash paid only the difference in the size of the property. Money for the completion of the construction is still not enough.
A few months later, he reported excellent client, a famous lawyer, Andrew of. He bought from the then Stephen S. entire first floor and garage, which was not yet. He paid cash, and soon brought his wife. Both transactions could not be entered in the mortgage, because the money immediately take over the bank. Because until you pay the last penny of the loan he was the owner of the property. So it is now and as it was before the war.
In the summer of 1939. House was teeming with life. On the ground floor, in a freshly new part, concierge live with the family. In the basement is a games room for the caretaker. Flats for floors have been leased. I once had to start repayments of bank, the Warsaw appeared airplanes with a swastika. Not a single bomb hit the tenement Stefan S., although on the whole street Szustra almost every house had suffered. Here, the war has left just a little bullet holes German snipers, today anyway unpatched. Tenants pay rent, but the owner could not repay the loan because the bank disappeared. At the time of the war, he was transferred to Paris, and when he returned to the country Bierut had to issue decrees, and for several years, no one knew what to whom it belongs.
Stefan S. adopted at the beginning of the war two boys – George and Andrew, sons of his friends shot by the Gestapo in Lodz street. He lived in Lodz, but the building on Szustra (next gen. Jaroslaw Dabrowski, because it was renamed the street) held all the time on track. After receiving the decision on the acquisition by the Municipality of Warsaw-Mokotów Plot had bought before the war, in the period filed for perpetual lease – appeared on behalf of underage stepchildren. He received the same answer as everyone refusal. The application together with the decision was entered in the Land Register in 1952. Still in the old volume, but also disappeared. The only thing in the house managed to get Stephen S. and what remains in the mortgage, the right to life imprisonment in this property, from which it never benefited. He died in 1969. Lodz, not spłaciwszy penny prewar commitments.
In 2000. Stepson Stephen S., George, began efforts to take over the building. Unaware of compensation agreements (indemnizacyjnych), filed on behalf of his brother and a complaint with the local government college appeal, demanding the return of the property seized Bierut Decree . College found that nothing they do not. In addition, Andrew S. decades is a Canadian citizen. And under international treaties Poland was obliged to pay the Canadian government 1.22 million dollars. Canadian under contracts indemnizacyjnych. PRL has complied with them to the last cent. In total, 12 such agreements were signed, which aimed to satisfy the claims of people who left the country of their ancestors and estates have changed citizenship. If so Andrzej S. was to be compensation, it is for his payment was required the Canadian government. Polish your debt to this man long ago repaid.
Soon, George S. volunteered lawyer Krzysztof Æ., Who promised to settle the matter. Enough for a little over a year that all the formalities have been completed, and both brothers became kamienicznikami. Patron (which is hard to find among the members of the bar or law graduates) as a proxy respective owners began cleaning in the acquired building.
Attorneys death
Him came the governments representatives, most of the apartments tenants managed to buy and set up community residents. Ms. Mirka, the daughter of a shopkeeper who survived 60 years in the belief that he lives at home, because her father once already paid for lodgings, not bought. Thrown out her first. Three weeks later she died. Her heart stood, because she could not with the decision to accept.
Two other apartments on the status of municipal quickly cleared of tenants, increasing rents, which have become higher than their pension . With four tenants of premises in the basement solved the contract and was told to get out. Garage and garden also went under the hammer. Sold even more than recovered. The attic, which still have their share of all owners of apartments, behind them opchnięto for the buck artist, who knew that it buys from the rightful owners.
In this business representatives should be end. In total, cleaning house attended by 5 people and your notary certifying untruth. Two patrons who have never studied law, including one prince own coat of arms, his buddy Earl, Mrs. property manager and photographer of celebrities who have eye on one of the apartments. Using the power of attorney produced on the spot, earned approx. 1.5 million zł and quickly got rid of the legacy stepfather Messrs S.
Some of these proxies they became known in other buildings: on new world 24, French 30, Dahlberg 5 or Nabielaka 9, where she lived Jolanta Brzeska, brutally murdered activist storage room that the last years of life spent on tracking down irregularities in the return of Warsaw’s buildings.
– in Warsaw, there are several criminal groups specialized in the recovery of real estate acquired after the war Bierut Decree – says Piotr Ciszewski, president of the Warsaw Tenants Association. – We collect information about them, mainly from tenants, but also from the city authorities. Jola Brzeska, co-founder of our association, was extremely inquisitive person, in addition fluently moving in the thicket of laws. In our environment, there is no doubt that the motive for the murder was her involvement in discovering the truth about the re-privatization, as well as personal housing situation in which she found no fault of their own and stood in the way of one of the most brutal groups taking over the claim.
Gold cheaper than beer cans
Easily went from cost housing, but he was to be compensated for the sale by the municipality of their apartments. This is equivalent to the market price, which establish forensic experts. In the case of this small houses removed from the cash Treasury approx. 10 million untaxed compensation for unlawfully sold premises.
The next step is the compensation for non-contractual occupation of premises. Valuations room with kitchen at 2.2 thousand. zł per month, and demand payment for a couple of years back. An expert testifying under oath, that this was the price, and independent court recognizes that due. Once defendants are recalcitrant tenants who dare to cast doubt on the claim and for that they must be punished (the case in the District Court for Warsaw-Mokotów Ref. Act I, C 689/10 and C 778/11 XVI). Another time recipient of the city. In the end, more than half a century benefited from other people’s property and drew profits. And that the way mentioned pipes in walls, roofs, windows, installed central heating, and sometimes erected the building, because after the war, instead of the property was a pile of rubble, the successors are not interested. The owners never consent to any investment.
And if the count value of today’s pre-war debt? One bar of gold used in trading bank weighs approx. 400 ounces, or nearly 12.5 kilograms and has the highest test: 999.9. The price of gold bullion is established in US dollars twice a day and for many years only slightly varies. After converting to buck today’s value of one ingot is approx. 2 million zł. The most modest counting, pre-war debt incurred for the construction of this small tenement by today’s calculations should be 12 million zł.
Debt, however, disappeared. But the wave of claims is gaining momentum. The plenipotentiaries of the S. brothers took part in the reprivatization about a hundred real estate in Warsaw. Almost all of them were in debt before the war and during the war, most were completely demolished and rebuilt effort of the entire nation. Nobody counts, does not investigate, does not demand the return of investment. S. brothers in infancy were still victims Bierut Decree.
Disappearing gold bars
When Bierut Decree city received private owners of land acquired them with the benefit of inventory. Not only from the rubble, but also with mortgage debt. In pre-war Poland, as currently operated branches of almost all major banks in the world that the political transformation began to demand from the new owner, ie the state, the repayment of debt. Debts were variously recorded in the registers. Frequently they are given their value in gold bullion, but also in US dollars or Deutschmarks. In order to minimize liabilities to Western banks Council of Ministers of the Republic of Polish issued, and the State Council has approved a decree “on the contracting of new and determining the amount of unredeemed cash liabilities” (Decree of 27 July 1949.). Article 6 paragraph 2 of the decree stated: “In liabilities denominated in zlotys in gold counts one gold for a gold in gold. “Even better sound was art. 7, which dealt with mortgage records in foreign currency,” included in liabilities cash reservations about the currency or foreign currencies, having alternatively currency Polish the means of payment is considered to be non-existent. “Eliminating the mortgage records of ingots of gold and foreign currencies meant that although the Polish zloty underwent transformations, pre-war commitments remain unchanged. this is consistent with the current in Poland principle of nominalism money, which talks about that the debtor is released from its obligation by paying the creditor the debt in the amount in which it was incurred, without taking into account changes in purchasing power of money (art. 358 of the Civil Code).
At the end of the 40s in Poland raging inflation. The Act of 28 October 1950. Amending the monetary system would remedy. The principle exchange buck ratio of 100 to 3. At the same time the Minister of Justice announced in the notice that the same shall be subject to the weighting of the pre-war debts mortgages. With 36,000 pre-war gold, taken out for the construction of the building at ul. Szustra in Warsaw, became suddenly in 1080 dollars. But this is not the end. At the beginning of the Third Republic, when all the Poles as a result of runaway inflation have become millionaires thanks to the Law of 7 July 1994. Denomination of the zloty and the subsequent announcement of the Minister of Justice mortgage debt incurred by her stepfather brothers S. again decreased significantly. Force converter 10 000: 1. With six gold bars became so 10 cents. This amount was enough to pay the deposit to the bank was obliged to release the mortgage from the old debt. It was not necessary annihilation of the land register.
The author is a journalist. He dealt with reportage, among others, the “common word”, “Rzeczpospolita” and “Elle”. She collaborated with storage box activist Jolanta Brzeska, who was murdered in 2011.
No comments:
Post a Comment