What Happens if You Default on 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.
There are specific repercussions involved in defaulting on mortgages in Spain. 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 mortgage holders can and do pursue every legal means necessary to collect on their mortgages.
One option you have when you default on your Spanish mortgage is to turn over the home to the bank. This simple option will save the homeowner a lot of money in court costs and additional interest on the home loan. But although this is an option, it must first be discussed with the bank. The bank is under no obligation to let you out of the mortgage by taking the home back. 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. An example of such a hardship would be the death of a spouse or another situation that has caused your income to be drastically cut.
If despite your attempts to negotiate a home turnover, the bank refuses your offer, you must then sell your home. Try to get a final sale price that will cover the remaining amount on your Spanish mortgage or one that will come as close as possible to paying it off, as the bank will still expect the full amount from you in any case. The bank will be most likely to aggressively pursue you for a large shortfall on the Spanish mortgage. However, the bank can legally pursue the homeowner for any shortfall amount at all. This means you may face liens on any assets you own, including your primary home and investments. 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.
Defaulting on a Spanish mortgage is an extremely serious situation, so it is essential that the homeowner work as closely as possible with the bank as soon as it is evident that defaulting is going to be unavoidable. Working with the bank that holds your Spanish mortgage can result in a fair settlement that benefits both you and the bank with as little impact on your other assets or financial holdings as possible.
