What to Do if You Can’t Pay Your Spanish Mortgage
If you are like many people today, you may be having trouble making ends meet or are living paycheck to paycheck. This often leads to homeowners defaulting on their mortgage, and defaulting on a mortgage for a primary or secondary residence can have serious repercussions for the homeowner. These consequences vary by state, province, and country, so you must be sure to completely understand them.
For instance, when you default on mortgages in Spain, there are certain consequences. In past years, it was possible to default on a Spanish mortgage with little to no loss at all to the homeowner. People who were not Spanish citizens but owned a vacation or second home in Spain could default on the mortgage with little or no cost or repercussions. But now Spanish banks have become more aggressive about enforcing mortgage terms for all homeowners, even non-Spanish citizens.
One option you have when you default on your mortgage in Spain is to turn over the home to the bank. Turning the home over to the bank will save you a lot of money, as the bank will not have court costs associated with pursuing you for the mortgage, and your interest will stop accruing sooner. You cant just turn the keys over to the bank without arranging it, however. The bank can to agree to accept the home back, but they do not have to. The bank is more likely to accept the home back from you if you have had a true hardship that has affected your ability to make payments on your Spanish mortgage. Any homeowners that can prove such a hardship to the bank will be even more likely to succeed in negotiating a turnover.
If you cannot negotiate a home turnover with the bank that holds your Spanish mortgage, you will need to sell the home as soon as possible. The homeowner must sell the home for as much as possible, as the bank that holds the Spanish mortgage will come after him or her for any amount remaining on the loan after the home sale proceeds are paid to the bank. If the shortfall is significant, the bank will be much more likely to pursue you for that amount. But the bank can legally attempt to collect any amount from you. This includes placing liens on any assists you may have, such as investment portfolios, your primary residence, and any other property you own that has value. This may take years to do, but the bank will not give up without getting their money.
Even if defaulting on your mortgage in Spain is inevitable, you should work with the bank as much as possible as soon as you know you must default. Showing a willingness to work with the bank can allow a homeowner to walk away from a Spanish mortgage with as little financial cost as possible and still retain full ownership of all his or her other assets.