Sat 13 Feb 2010
What Is the Result of Defaulting on Your Mortgage in Spain?
Posted by admin under Living With Real Estate , Legal Parlor , BriefingsComments Off
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.
There are specific repercussions involved in defaulting on mortgages in Spain. 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. 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. But now Spanish banks have become more aggressive about enforcing mortgage terms for all homeowners, even non-Spanish citizens.
In case a homeowner must default on a Spanish mortgage, turning over the home to the bank is often an option. This simple option will save the homeowner a lot of money in court costs and additional interest on the home loan. You cant just turn the keys over to the bank without arranging it, however. The bank has to accept your offer, and they are under no obligation to do so. 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. 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 the bank rejects a home turnover offer from the homeowner, he or she will need to try to sell the home quickly. 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. The bank will be most likely to aggressively pursue you for a large shortfall on the Spanish mortgage. But the bank can legally attempt to collect any amount from you. This means you may face liens on any assets you own, including your primary home and investments. This may take years to do, but the bank will not give up without getting their money.
If you must default on your Spanish mortgage, it is vital that you contact the bank as soon as possible to work with them. 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.