What Happens if You Default on Your Mortgage in Spain?
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. 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.
In case a homeowner must default on a Spanish mortgage, turning over the home to the bank is often an option. 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. You cant just turn the keys over to the bank without arranging it, however. The bank can to agree to accept the home back, but they do not have to. 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. 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 the bank rejects a home turnover offer from the homeowner, he or she will need to try to sell the home quickly. 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. But the bank can legally attempt to collect any amount from you. The bank may collect money by placing liens on any and all assets of the homeowner..
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. 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.
