What to Do if You Can’t Pay Your Spanish Mortgage
When money is tight, many people end up in a situation where they cannot pay their bills, sometimes including their mortgage. If you find yourself unable to pay your mortgage on your primary or second home, you may face major consequences. These consequences vary by state, province, and country, so you must be sure to completely understand them.
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. But now Spanish mortgage holders can and do pursue every legal means necessary to collect on their mortgages.
If you find yourself unable to avoid defaulting on your mortgage in Spain, the bank may agree to take the home back. This simple option will save the homeowner a lot of money in court costs and additional interest on the home loan. However, turning the home over to the bank is a process that must be negotiated. The bank can to agree to accept the home back, but they do not have to. Homeowners that have a true hardship as a reason for defaulting on a Spanish mortgage will likely be more successful in negotiating a home turnover. 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 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. 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 means you may face liens on any assets you own, including your primary home and investments. 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 Spanish mortgage is inevitable, you should work with the bank as much as possible as soon as you know you must default. Doing so can result in an agreement that will satisfy the bank, relieve you of your responsibilities associated with the Spanish mortgage, and allow you to keep other assets you may own.