Morocco: ordered to repay a loan of 600,000 DH... that she never received

This judicial reversal, recorded at the hearing on November 26, puts an end to seven months of appeal proceedings, reports Médias24. While the court of first instance had ruled that the bank had committed a fault in releasing the funds before the finalization of the deed, the appeal court judges adopted a different interpretation. They now compel the customer to pay the sum of 587,369.31 dirhams, plus interest, with a threat of coercive measures. This decision comes as the notary responsible for the transaction is serving a six-year prison sentence for breach of trust, having herself diverted the loan money.

This situation, which resembles a double penalty for the victim, reignites the debate on the effectiveness of the notaries’ guarantee fund. This mechanism, intended to compensate clients harmed by insolvent professionals, nevertheless has substantial reserves, estimated at nearly 500 million dirhams in 2023. However, its activation remains complex and slow, requiring a final judgment and proof of the insolvency of the convicted notary. The system shows its limits in cases involving many victims, often leaving plaintiffs in a lasting financial impasse.

Faced with these difficulties, the National Council of the Order of Notaries is considering an overhaul of the system. A proposal aims to establish direct reimbursement based on a judicial expertise and a professional report, without waiting for the exhaustion of all appeal routes, which can take years. This avenue, which remains at the project stage for now, would prevent clients from being, as in this case, forced to repay debts incurred for funds that have disappeared.