Your Mortgage in Spain: What Are Your Alternatives?
December 29th, 2009In 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. 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. In past years, it was possible to default on a Spanish mortgage with little to no loss at all to the homeowner. This used to be true, especially for second residences or vacation homes. But now Spanish mortgage holders can and do pursue every legal means necessary to collect on their mortgages.
One option you have when you default on your mortgage in Spain 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. 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. 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 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. 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..
Defaulting on a mortgage in Spain is an extremely serious situation, so it is essential that the homeowner work as closely as possible with the bank as soon as it is evident that defaulting is going to be unavoidable. 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.