What Happens if You Default on Your Mortgage in Spain?
Wednesday, December 16th, 2009In uncertain economic times, many people find themselves unable to make their mortgage payments. If you find yourself unable to pay your mortgage on your primary or second home, you may face major consequences. The repercussions of defaulting vary by state and province and by country, and can affect a homeowner for years to come, so he or she must fully realize what defaulting on a mortgage means to financial security and status.
There are specific repercussions involved in defaulting on a Spanish mortgage. If you are not a Spanish citizen but own a home in Spain, you may think its still possible to easily walk away from the mortgage with no consequences whatsoever. This used to be true, especially for second residences or vacation homes. But now Spanish mortgage holders can and do pursue every legal means necessary to collect on their mortgages.
In case a homeowner must default on a mortgage in Spain, turning over the home to the bank is often an option. This option will save you money in court costs incurred by the bank when pursuing you for the balance, as well as additional interest on the mortgage during the court battle. 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. They will be rather unlikely to take the home back without good reason such as a hardship. 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. They are more likely to do so if the shortfall is large. However, the bank can legally pursue the homeowner for any shortfall amount at all. 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. Although it may take years to collect on the shortfall by going through the court systems, the bank that holds your Spanish mortgage will not give up until they do.
If you must default on your Spanish mortgage, it is vital that you contact the bank as soon as possible to work with them. 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.