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. 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. The repercussions of defaulting vary by state and province and by country, and can affect a homeowner for years to come, so he or she must fully realize what defaulting on a mortgage means to financial security and status.
There are specific repercussions involved in defaulting on a mortgage in Spain. 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.
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. 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. 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. However, the bank can legally pursue the homeowner for any shortfall amount at all. This means you may face liens on any assets you own, including your primary home and investments. This may take years to do, but the bank will not give up without getting their money.
Even if defaulting on your Spanish mortgage is inevitable, you should work with the bank as much as possible as soon as you know you must default. Working with the bank that holds your Spanish mortgage can result in a fair settlement that benefits both you and the bank with as little impact on your other assets or financial holdings as possible.