Portal de Yecla
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On October 18, the ruling of the Third Chamber of the Supreme Court was announced, which establishes that the banks, and not their clients, who assume the Tax on Documented Legal Acts, the most important that is paid when the loan is formalized of a mortgage.
This ruling, which responds to a lawsuit maintained by the Community of Madrid with the EMV of Rivas Vaciamadrid, governed by Izquierda Unida, is based on the fact that the business that is registered is the mortgage and that the only one interested in raising it to a public deed and its Subsequent registration is the lender, that is, the bank, which only by means of said registration may exercise the executive and privileged action deriving the mortgage.
However, only 24 hours later, the president of the Contentious-Administrative Chamber of the Supreme Court made the decision to annul the sentence.
This controversial judicial decision implies the non-application of this new jurisprudence to the pending remedies on the same matter, as well as being an attempt to annul the judgment by means of a resolution of the Plenary Chamber.
In summary, it has sufficed that the bank protests for the Supreme Court to retract in an alegal manner, since there is no rule that allows a final judgment to be rendered null and void.
It is a nonsense that from the highest judicial level is alleged to justify this decision a supposed 'enormous economic impact', while obviating that this same ruling is clearly beneficial for most people in this country, who must resort to mortgage credit to access to a house.
From Izquierda Unida we understand that we are facing a new case of arbitrariness of the Judicial Power, a constitutional power that in this case does not respect its own independence and submits to the design of the most powerful in an attitude, at least, arbitrary.
For all this, we want to show our rejection to the unprecedented and shameful decision of the Supreme Court to annul its own sentence relative to the Tax on Documented Legal Acts.
Also, we urge the municipal government to enable the necessary mechanisms to guide the neighbors who want to demand the refund of the amount wrongly collected.
Need for a public bank
Finally, and in line with our political strategy, it should be remembered that at IU-Verdes we are committed to a public banking center that prevents blackmail by private banks.
It is also essential that, if this country wants to develop a coherent industrial policy that favors SMEs, facilitate access to housing and launch a new development model that reduces unemployment and is economically and ecologically sustainable, start up a public bank
Above all, because Spain is one of the few countries in our area that does not have one.
In Germany, the market share of public banks reaches 24% and has demonstrated its capacity to finance research and internationalization needs.
Therefore, it is essential to paralyze the sale of Bankia, a bank in which they have invested more than 22,000 million euros of public funds, to guide the sector to play a role as a public service
Source: IU-verdes Yecla
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