Your Mortgage in Spain: What Are Your Alternatives?

Auto Date Monday, December 7th, 2009

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. 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.

Defaulting on mortgages in Spain, for example, has very specific consequences. In the past, such defaulting used to be very simple. People who were not Spanish citizens but owned a vacation or second home in Spain could default on the mortgage with little or no cost or repercussions. 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. Turning the home over to the bank will save you a lot of money, as the bank will not have court costs associated with pursuing you for the mortgage, and your interest will stop accruing sooner. 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. Any homeowners that can prove such a hardship to the bank will be even more likely to succeed in negotiating a turnover.

If the bank rejects a home turnover offer from the homeowner, he or she will need to try to sell the home quickly. The homeowner must sell the home for as much as possible, as the bank that holds the Spanish mortgage will come after him or her for any amount remaining on the loan after the home sale proceeds are paid to the bank. The bank will be most likely to aggressively pursue you for a large shortfall on the Spanish mortgage. 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..

If you must default on your Spanish mortgage, it is vital that you contact the bank as soon as possible to work with them. 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.

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