December 15, 2009
What if You Can’t Pay Your Mortgage in Spain
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.
There are specific repercussions involved in defaulting on a Spanish mortgage. In past years, it was possible to default on a Spanish mortgage with little to no loss at all to the homeowner. 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. 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. This simple option will save the homeowner a lot of money in court costs and additional interest on the home loan. However, turning the home over to the bank is a process that must be negotiated. 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. An example of such a hardship would be the death of a spouse or another situation that has caused your income to be drastically cut.
If despite your attempts to negotiate a home turnover, the bank refuses your offer, you must then sell your home. Try to get a final sale price that will cover the remaining amount on your Spanish mortgage or one that will come as close as possible to paying it off, as the bank will still expect the full amount from you in any case. They are more likely to do so if the shortfall is large. 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. Although it may take years to collect on the shortfall by going through the court systems, the bank that holds your Spanish mortgage will not give up until they do.
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. 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.