What if You Can’t Pay Your Spanish Mortgage
February 14th, 2010In uncertain economic times, many people find themselves unable to make their mortgage payments. If you find yourself unable to pay your mortgage on your primary or second home, you may face major consequences. 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.
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 option will save you money in court costs incurred by the bank when pursuing you for the balance, as well as additional interest on the mortgage during the court battle. 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. 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. They are more likely to do so if the shortfall is large. But the bank can legally attempt to collect any amount from you. 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. 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.
Defaulting on a Spanish mortgage 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. 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.