What if You Can’t Pay Your Spanish Mortgage
In uncertain economic times, many people find themselves unable to make their mortgage payments. Whether the mortgage is on a primary residence or vacation home, defaulting on a mortgage can have serious consequences 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 a Spanish mortgage, 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. This used to be true, especially for second residences or vacation homes. But now Spanish banks have become more aggressive about enforcing mortgage terms for all homeowners, even non-Spanish citizens.
If you find yourself unable to avoid defaulting on your mortgage in Spain, the bank may agree to take the home back. 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. But although this is an option, it must first be discussed with the bank. The bank has to accept your offer, and they are under no obligation to do so. They will be rather unlikely to take the home back without good reason such as a hardship. If your spouse dies or your income has dropped due to another cause that is no fault of your own, the bank may consider that a valid hardship and allow you to turn in your keys to the home.
If despite your attempts to negotiate a home turnover, the bank refuses your offer, you must then sell your home. 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. The bank may collect money by placing liens on any and all assets of the homeowner..
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.
