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. If you find yourself unable to pay your mortgage on your primary or second home, you may face major consequences. 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. 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. However, this is no longer the case, as Spanish banks can and will pursue non-residents to fulfill their mortgage obligations.
One option you have when you default on your Spanish mortgage 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. However, turning the home over to the bank is a process that must be negotiated. The bank can to agree to accept the home back, but they do not have to. Homeowners that have a true hardship as a reason for defaulting on a Spanish mortgage will likely be more successful in negotiating a home turnover. Any homeowners that can prove such a hardship to the bank will be even more likely to succeed in negotiating a turnover.
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. The bank will be most likely to aggressively pursue you for a large shortfall on the Spanish mortgage. But the bank can legally attempt to collect any amount from you. This means you may face liens on any assets you own, including your primary home and investments. This may take years to do, but the bank will not give up without getting their money.
Defaulting on a mortgage in Spain 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. Doing so can result in an agreement that will satisfy the bank, relieve you of your responsibilities associated with the Spanish mortgage, and allow you to keep other assets you may own.