What if You Can’t Pay Your Spanish Mortgage
February 7th, 2010 by
Administrator
When money is tight, many people end up in a situation where they cannot pay their bills, sometimes including their mortgage. 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.
Defaulting on mortgages in Spain, for example, has very specific consequences. 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 was especially true if the homeowner was not a Spanish citizen and the home was a vacation home or second residence. 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 Spanish mortgage is to turn over the home to the bank. 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 is under no obligation to let you out of the mortgage by taking the home back. 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. You should try to get as much from the home sale as you can, as you will still be responsible to the bank for any shortfall between the home sale amount and the remaining amount on your Spanish mortgage. If the shortfall is significant, the bank will be much more likely to pursue you for that amount. They will attempt to collect the remaining amount they are owed in any legal way they can. 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.
If you must default on your Spanish mortgage, it is vital that you contact the bank as soon as possible to work with them. 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.
Posted in Center For Real Estate, Counseling, Lawyers Network |











