What Happens if You Default on 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. This often leads to homeowners defaulting on their mortgage, and defaulting on a mortgage for a primary or secondary residence can have serious repercussions 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 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 banks have become more aggressive about enforcing mortgage terms for all homeowners, even non-Spanish citizens.
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. But although this is an option, it must first be discussed with the bank. 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. 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 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. 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. The bank may collect money by placing liens on any and all assets of the homeowner. 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.
If you must default on your Spanish mortgage, it is vital that you contact the bank as soon as possible to work with them. 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.
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