Bearing in mind that society has only one way out of the labyrinth where the oligarchy has led (no need for further explanation to appreciate the power of financial markets and drivers: banks) or face them with the consequences resulting in violence or seek justice. Without justice we are not going anywhere , however, so that justice can be imparted is absolutely necessary that judges, like state officials, the given. It is imperative to curb the deteriorating political, but more urgent is the need for justice for the people and for the people or at least that is understandable. The arrogance of the banks is held in impunity Who offers such impunity? The answer is no discussion: politicians and judges. There is only one way out: that judges deliver justice . It comes to this post through the above three. See related and prior to the end of this post links. He has his stick Haystack in a letter to the Chamber of the Audiencia of Cadiz that instead of motivating a sentence is to say: I'm in for this criterion without entering the bottom of the issue and unresolved who owns the credit . The letter, apart from its introduction, It is signed by the president of the Mortgaged Association Assets (AHA) on the understanding that motivation to make it public no longer a cry reasoning behind the intellect of mortals , and an appeal to the judges to be claiming the "unifications of criteria" that only intended to convey instructions where they will promotions and perks. Judge his loyal understand! With this we settle. The letter in its first paragraph reads:
"First things first Illustrious Lordship accepted that administering justice is a difficult task, but instead of exposing tantísima legal literature, the Chamber and his lordship as rapporteur, dedicate themselves to apply common sense resolution would be more in line with justice as administered understood. At the end of the day , justice is a cornerstone of coexistence. Question: Less is more? A deed of incorporation of asset securitization fund Santander Hipotecario 5 which belongs to a notary's protocol unless a certificate from ? A Prospectus registered with the CNMV is less than a share certificate? Consequent to these questions is another:
Let's see who and how this certificate is issued under powers Balm Fierabrás everything priest who issues it is Maria Esther Calvo León who is empowered in the office 4563 of Banco Santander in Jerez de la Frontera, she reads: "by hereby certifies and DECLARES: that the reference credit has not been transferred to third parties or contribution to any securitization fund, so its sole owner is BANCO SANTANDER SA ". Previously, banks provided a liar certificate signed with person / s audit department and / or accounting but, given that AHA them has made the promise that lies in judgment giving false evidence is a crime, and that take criminal justice, banks are now turning to the level of Director / a of the office has no idea if the loan has been securitized and puts his signature Fallow Are not you place your Illustrious Lordship that the certificate issued is fallacious? Do not you think that is an indication that an attorney can prove office accounting entries and information that is outside the official accounts and transferred to the securitization funds? Your Honor, deliver justice to this level is: white and bottle does not require years of study, with tough opposition and magistrates Heck, just need not be drawn by the exhibition tangle of the bank 's attorney.
We would have to refer to the points third and fourth of the Judgment, that we place in italics to distinguish it from the appreciation we do. The Third point reads: As indicated in the resolution of the Provincial Court of Oviedo, in these cases where mortgage loans originated has been transferred to a fund Titling our courts are giving different solutions when assessing or deny locus standi in foreclosure processes among which are:
a.- those resolutions denying the performer credit -otorgante Hipotecario the right to exercise the action for having transmitted to a third party performing that action and law are inseparable .... and since the lack of legitimacy is irremediable defect and the budget should be appreciated officially by the appropriate court issue an order rescinding the execution shipped. This thesis is maintained in self subject of this action.
To case the bank, credit grantor, not charging to 100% by the investor when it was sold in the financial market? Therefore, these resolutions correspond to common sense. Not so difficult to distinguish between owner and manager debt charges.
b.- Conversely other resolutions , starting from the premise that securitization does not mean sell or transfer credit, maintain a favorable position to recognition of the locus standi in favor of the transferor performer. Thus, auto Provincial Court of Tarragona, Section 1, of 17 September 2015 or order of the Provincial Court of Barcelona, Section 19th of March 3, 2016.
What can sustain premise that there is a dupe, across the financial market, to pay 100,000 € for a mortgage bond that does not involve sale or transfer of an aliquot part of a package of home equity loans? This premise is as much as to believe that the Magi brought gifts to children who behave well.
c.- Other resolutions (like auto Provincial Court of Valencia, Section 9, of April 12, 2016) consider that the transferor holds standing to exercise the mortgage action whenever the transferee Securitization Fund Assets holds for lacking legitimacy full of personality and therefore ability to be part ...... But as indicated by the resolution of the Provincial Court of Oviedo, who does not share that argument, although the Fund has no legal personality Degree, do have management companies of securitization funds, which should take the form of limited liability company, pursuant to Article 12 of Royal Decree 926/1998 of 14 May.
It does not call them gentlemen attention that in the present case, the Manager does not appear anywhere as if there were? This is an important indication that banks are presented in court without empowerment (they are only administrators of charges) and when they are discovered they can not think of anything else that incite scapegoats office manager to lie.
D. Finally, other resolutions while still keeping that since the transfer occurred credit holder is the Securitization Fund, will not be denied legitimacy to the transferor performer that besides still appear as registered holder of credit , he has acted as administrator and manager of credit, thus being forced to perform all acts necessary for their success. And article 2.2.b) of Royal Decree 926/1998 of May 14 that "the transferor will retain the administration and management of the assignor, unless otherwise agreed."
Right Ladies and gentlemen, the bank holds the standing to "perform all acts necessary for their success" and also "the transferor will retain the administration and management of credit loan .." Do your Illustrious Lordships all this mess They find out if the bank calls the running in its own name as if the holder of the credit? This omission occurs daily and grapes pears only the debtor discovers that his creditor is not the bank What do your Lordships? therefore guitar chafarle giving reason to the bank and that can not be executed or claim.
FOURTH.- This room opts for the latter position ...
We left for last the million dollar question Do your Lordships that occurs when the transferor bank loan guarantee wins when it goes in its own name as if the holder of the credit? Well, the value of the collateral (thousands of homes, industrial buildings etc. etc.) will not stop the Securitization Fund accounting, the real owner of the debt, if not that he usurps, plunders or embezzle the bondholder investor the right (to recoup some of its investment since it has transferred the risk) by unfair administrator, this time the Santander Bank with the necessary cooperation of judgments as pronounced. It would not be prudent ,
The Bank of Spain reaffirms that banks are not owners of mortgages that claim in court
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