February 12, 2010
Cant’ Pay Your Spanish Mortgage: What Are Your Options?
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 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 a Spanish mortgage, 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. This used to be true, especially for second residences or vacation homes. However, this is no longer the case, as Spanish banks can and will pursue non-residents to fulfill their mortgage obligations.
In case a homeowner must default on a mortgage in Spain, 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 has to accept your offer, and they are under no obligation to do so. 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 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. If the shortfall is significant, the bank will be much more likely to pursue you for that amount. They will attempt to collect the remaining amount they are owed in any legal way they can. This includes placing liens on any assists you may have, such as investment portfolios, your primary residence, and any other property you own that has value..
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. 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.
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