Sat. Mar 28th, 2020

The Supreme Court meets urgently to clarify the criteria in the judgment of mortgages | Economy

The Supreme Court meets urgently to clarify the criteria in the judgment of mortgages | Economy



The president of the Supreme Court, Carlos Lesmes, meets Monday with the magistrates who pronounced the sentence that established that the bank, and not its clients, should take charge of the payment of the tax of legal acts documented in the signature of a mortgage.

According to sources confirmed by the Supreme Court, this meeting is internal and will only serve to analyze the situation created after the aforementioned judgment and the subsequent note in which a plenary meeting of the Contentious-Administrative magistrates was convened to confirm or not the jurisprudence created.

In this meeting, the sources added, will also be present the vice president of the High Court, Angel Juanes, and the president of the Third Chamber of Contentious Administrative, Luis María Díez-Picazo.

Last Thursday the 18th, the Supreme Court decided that it is the financial institution, and not the client, that takes charge of the tax of documented legal acts, against its own criterion of February of this year, when a judgment estimated that the payment It should lie with the client.

Before the collapse of the price of the banks, the next day, on Friday the high court announced that it paralyzed all the resources raised as a matter of urgency and that he would study if he confirmed the decision or not.

In a note, the president of the Third Chamber of the Supreme Court, Luis María Díez-Picazo, explained that the decision was based on the "radical turn" in the jurisprudence and in the "enormous economic and social repercussion" of the judgment attributed by the payment of said tax to the entities, as they are those interested in the operation.

If applicable, the judgment will allow the mortgaged to claim all the expenses of formalizing a mortgage that are imposed by the bank in the loan deed: notary, property registry, agency, appraisal and tax of documented legal acts.

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