In a letter to the competent minister, the servicers, who manage the citizens’ non-performing loans, requested permission to enter the Land Registry and see the immovable property owned by the debtors, so that they could apparently then proceed with their seizure, without but the legal procedures must be followed. This is because, according to current legislation, only authorized persons, such as lawyers, notaries and bailiffs, who act on behalf of citizens, have access to the data of the Land Registry. After all, the purpose of the Land Registry is to record and protect property rights.
For his part, Mr. Kyranakis responded to the claims management companies, with a letter, stating the government’s explicit opposition to granting access to the web application of the “Hellenic Land Registry”, citing the Joint Ministerial Decision of the Ministers of Justice and Digital Governance that provides that every natural or legal person registered in the cadastral books as the beneficiary of a registrable right has the right to access the cadastral records that concern him and are contained in the descriptive and spatial database of the National Land Registry.
In article 2 of the specific KYA, the persons who have the right to access and search the cadastral data are defined, which includes among others the lawyers, exclusively and only for the exercise of their professional activity. Furthermore, access is also granted to other persons (such as bailiffs, notaries, engineers, Forest Service personnel), but more limited, again on the condition that the access serves only the exercise of their professional activity – or, in the case of the Forestry Services, their official competence.
“From the above, it is clear that in view of the sensitive nature of the data of the Cadastre base, it is a perennial care of the legislator that any access to this data is provided with due care and sparingly, weighing the necessity of this access and the role of each public function in which this feature is provided. Therefore, it is clear that it is not appropriate to provide credit institutions and debt management companies with the requested access to the cadastral data, as the above conditions are not met”, it is characteristically stated in the reply letter of the Deputy Minister of Digital Governance.
THE CURRENT LEGISLATIVE FRAMEWORK
In the current legislative framework, such a right does not exist, except on the condition of the existence in concreto (that is, with the subjective and objective weight of each control case) of a legal interest in assigning relevant orders to lawyers, in the context of the exercise of the latter’s professional activity – and in every case not directly for credit institutions and management companies.
“The maintenance of this framework is deemed appropriate and necessary, among other things, from the point of view of the principle of equality of arms in the event of disputes between credit institutions and claims management companies on the one hand, and natural and legal persons on the other, given in particular the need to protect data and rights of citizens. Consequently, the current legislative framework is considered sufficient, and there is no reason to grant access to credit institutions and claims management companies to the NPDD “Greek Land Registry” database”, says Mr. Kyranakis in his answer.
#Door #government #servicers
