Your Spanish Mortgage: What Alternatives Do You Have?
When money is tight, many people end up in a situation where they cannot pay their bills, sometimes including their mortgage. 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. These consequences vary by state, province, and country, so you must be sure to completely understand them.
For instance, when you default on a mortgage in Spain, there are certain consequences. 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. However, this is no longer the case, as Spanish banks can and will pursue non-residents to fulfill their mortgage obligations.
One option you have when you default on your Spanish mortgage is to turn over the home to the bank. 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. However, turning the home over to the bank is a process that must be negotiated. 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 the bank rejects a home turnover offer from the homeowner, he or she will need to try to sell the home quickly. 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. However, the bank can legally pursue the homeowner for any shortfall amount at all. The bank may collect money by placing liens on any and all assets of the homeowner. 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.
Even if defaulting on your mortgage in Spain 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.