Alicante-based Notary Public J.A.N., acting for Nykredit Realkredit Marbella branch, has been indicted on a count of false mention on a public document.
The Notary Public had issued a certification stating what the balance of the loan was and the methodology for calculating the interest. Against logic, the Notary accepted a statement from Nykredit that introduced a reference interest rate never before mentioned in the loan contract (Euribor).
When lawyers acting for borrowers challenged the Notary, he admitted his mistake and requested Nykredit lawyers to rectify the statement, only to be rebuffed by the borrower.
The Court has ordered the Notary to appear in Court to be interrogated.
I’ve been saying for 10 years that the Spanish Notaries played the biggest part in the fraudulent selling of the ER schemes. They authorised the signing of documents from banks unlawfully selling in Spain, and gave their acceptance of schemes which were later deemed to be for tax evasion. Their aporoval gave false credibilty to the schemes and helped to mislead the victims.
The Notaries should have received notifications of these facts from Hacienda and been instructed to annull all such contracts IMHO.
Fully agree …
And EVERYONE else involved in these schemes knew that they were fraudulent (except of course their sometimes elderly victims) AND tax evasion is a criminal offence, yet the scoundrels proceeded thinking that no one would ever stop them!
Many of the “schemes” were based in lawless, tax haven jurisdictions, such as the Isle of Man, where tax evasion is a major industry condoned by the government.
Here the recently retired head of the “Financial Supervision Commission”, the island’s financial product regulator, was given the MBE!
And he was fully briefed about the whole scandal every step of the way.
Rotten from top to bottom!