Ante los problemas surgidos en Estados Unidos, un especialista en la material propone una figura similar a la del notario en el Derecho Civil Continental:
«Another possible default option would be a requirement that every mortgage borrower have the assistance of a professional akin to a civil law notary. Such notaries practice in many countries, although not in the United States. In Germany, for example, the civil law notary is a trained legal professional who reads aloud and interprets the contract and provides legal assistance to both parties before witnessing their signatures. This approach particularly benefits those who fail to obtain competent and objective legal advice. The participation of such a government – appointed figure in the mortgage lending process would make it more difficult for unscrupulous mortgage lenders to steer their clients toward sympathetic lawyers who would not adequately warn the clients of the dangers they could be facing”. Sigue leyendo