Economy / Legal.- The president of the notaries asks to humanize the Mortgage Law and more controls to avoid abuses

“Contracts that are fairer, more effective”, says José Ángel Martínez Sanchiz, who proposes to set a limit interest rate

"Contracts that are fairer, more effective", says José Ángel Martínez Sanchiz, who proposes to set a limit interest rate


The president of the General Council of Notaries, José Ángel Martínez Sanchiz, is in favor of humanizing the Mortgage Law and providing the legislation with more controls to avoid abuses that have to be resolved through the courts.

In an interview with the magazine ‘Escritura Pública’ published by Europa Press, Martínez Sanchiz states that one of the needs he believes should be a priority for the Minister of Justice, Rafael Catalá, is “a reform of the Mortgage Law that humanizes the procedures of foreclosure. “

In this sense, he believes that the regulatory change must combine the protection of the people who are immersed in this procedure “without there being a reduction in the effectiveness of the procedure”. “Thanks to these loans, we Spaniards have been able to buy our houses in a proportion that is unparalleled in the rest of Europe,” defends the president of the notaries.

Martínez Sanchiz stresses that “the contracts, the fairer, the more effective”. “It is not incompatible to defend the consumer and the contact balance with the effectiveness of the mortgage credit, which is what, logically, banking must always pursue,” he adds.


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“I think it would be very convenient a legal reform that imposes clarity in the matter,” Martínez Sanchiz, who proposes the establishment of a limit interest rate that would invalidate loans with higher interest, in line with what happens in France or Italy, and extrapolate it also to moratorium interests, also censored in abusive circumstances by Brussels.

The president of the Spanish notaries believes that judges are being the ones who are marking the limits of a regulation whose reform he believes necessary. “We should not let these issues be resolved through jurisprudence, because, although very well intended sentences and try to restore balance and justice, cause a great uncertainty and legal uncertainty,” says.


Regarding its capacity to prevent abuses and protect people at risk of exclusion, the president of the General Council of Notaries laments the legal limitations that, according to his defense, restrict his work. “For example, in front of abusive clauses, we can not carry out an effective control of legality, because this is exclusively attributed to the courts”, abounds.

“We can only deny those abusive clauses that have been declared as such in a final judgment and registered in the Register of general conditions,” Martínz Sanchiz adds, in this sense, believes that after the latest rulings issued by the Court of Justice of the Union European notaries must “rethink” their “performance” regarding the principle of effectiveness.

Thus, it pleads to take into account the jurisprudence marked in these judgments although these are not registered in the Registry. A measure that, he announces, will be raised through an agreement with the Council of the Judiciary, so that notaries know “immediately the final sentences that declare an abusive clause” and so keep this in mind when formalizing a deed.

Martínez Sanchiz has acknowledged that, if a judgment is not final, they are obliged to authorize a document even if they contain abusive clauses. “The only thing we can do is inform and warn the consumer,” he says, even aware that “in the area of ​​mortgage loans and loans, unfortunately, many times the need of people is imperative.”

“For them it is more important to receive the money than the prevention they may have regarding certain clauses, sometimes we find ourselves in very difficult situations,” he says.


Image result for notaryThe president of the notaries rejects that during these years they have been negligent before the deficiencies evidenced years later by the courts – “I do not believe that the notaries have failed”, he defends himself – and, before the deficit of information and clarity before signing the contracts denounced by the Supreme Court in its judgments, offers the notarial advice. “Notaries would like to be able to advise in this phase, before the binding offer is signed,” he says.

In fact, remember that it is mandatory that the drafts of the deeds of the mortgage loans are three days before their signature in the notary, available to the consumer. “But this is very little known by private individuals and there are few occasions when they come to consult their doubts with the notary,” he laments.

“It would be very interesting, given the importance that both the EU legislation and the Supreme Court has given to pre-contractual information, that the citizen had a thorough knowledge of the different loan possibilities available to him and of the exact conditions of what is It offers all the content, not only economic, but also legal.It would be a prior and free notarial advice, “he concludes.

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