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 country and can even vary by state or province within the same country, so it is important to understand them fully.
Defaulting on Spanish mortgages, for example, has very specific consequences. 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. But now Spanish banks have become more aggressive about enforcing mortgage terms for all homeowners, even non-Spanish citizens.
If you find yourself unable to avoid defaulting on your Spanish mortgage, the bank may agree to take the home back. 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. They will be rather unlikely to take the home back without good reason such as a hardship. 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. You should try to get as much from the home sale as you can, as you will still be responsible to the bank for any shortfall between the home sale amount and the remaining amount on your Spanish mortgage. 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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