The regulation of the real estate credit law imposes the use of the technological platform of the General Council of Notaries for the telematic processing of the documentation provided by the bank and the client when signing the loan. Well, Ancert, a technological company of Notaries that develops this platform, will create a mobile application and a web page that will allow the consumer to choose freely and simply the notary online with whom you want to process the mortgage, avoiding that it is imposed by the bank.
Legislation already allows that free choice, but in practice it is usual for the entity to end up directing the client to the notaries with whom he usually works. «The banks have what is called the circuit and from which it is difficult to leave», denounced yesterday the vice-president of the Notary and member of the council of administration of Ancert, Jose Luis Lledó, when presenting along with the adviser delegated of Ancert, Mario Abascal, the platform with which they will fulfill the mortgage law.
This free choice would give the client greater ability to, for example, negotiate a discount on the fees charged by the notary and that, according to regulations, can not exceed 10%. Of course, free choice would be conditioned to certain criteria, such as geographical proximity.
When the bank and the client begin to negotiate the mortgage they must send to the notary by electronic means the binding offer, information on relevant clauses, copy of the draft contract and the consent of the consumer, so that the notary public verifies that the entity provided the information necessary and the consumer understood it. The notary will give public faith with a notarial deed.
The draft regulation establishes that the platform by which it is delivered must connect all notaries and offer the service at no cost to the bank and the client. The telematic platform that allows it is that of Ancert, created by the Notary in 2002 by legal imperative, 100% of its property, which is paid basically with the fees of the notaries and which connects the 3,000 notaries of the country.
This attribution has made that companies of outsourcing of banking services and of electronic certification have presented allegations to the decree, because they believe that competition is being restricted and violating the principle of technological neutrality, as ABC reported.
The Notary and Ancert defend, on the other hand, that the intermediaries, among them the banks, will be able to continue using their platforms to deliver the documentation, but this should be turned into the one of Ancert for being the unitary and safe platform of all the notaries in order to ensure access by all public notaries to it. In addition, they argue that it must be done in this way, since this control of documentation is considered an act of public faith.