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December 9, 2009

What Happens if You Default on Your Mortgage in Spain?

Posted @ 12:37 pm

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.

For instance, when you default on Spanish mortgages, there are certain consequences. In the past, such defaulting used to be very simple. 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 Spanish mortgage, turning over the home to the bank is often an option. This simple option will save the homeowner a lot of money in court costs and additional interest on the home loan. But although this is an option, it must first be discussed with the bank. The bank is under no obligation to let you out of the mortgage by taking the home back. 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 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. 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. 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. 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.

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