What to Do if You Can’t Pay Your Mortgage in Spain
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 country and can even vary by state or province within the same country, so it is important to understand them fully.
For instance, when you default on Spanish mortgages, there are certain consequences. In the past, such defaulting used to be very simple. 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.
If you find yourself unable to avoid defaulting on your Spanish mortgage, 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. 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. 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 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. If the shortfall is significant, the bank will be much more likely to pursue you for that amount. 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. 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. 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.











