Thu 17 Dec 2009
When money is tight, many people end up in a situation where they cannot pay their bills, sometimes including their mortgage. Whether the mortgage is on a primary residence or vacation home, defaulting on a mortgage can have serious consequences 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.
There are specific repercussions involved in defaulting on Spanish mortgages. 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 was especially true if the homeowner was not a Spanish citizen and the home was a vacation home or second residence. But now Spanish mortgage holders can and do pursue every legal means necessary to collect on their mortgages.
One option you have when you default on your Spanish mortgage is to turn over the home to the bank. This simple option will save the homeowner a lot of money in court costs and additional interest on the home loan. But although this is an option, it must first be discussed with the bank. The bank is under no obligation to let you out of the mortgage by taking the home back. 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 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. However, the bank can legally pursue the homeowner for any shortfall amount at all. 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. This may take years to do, but the bank will not give up without getting their money.
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. Working with the bank that holds your Spanish mortgage can result in a fair settlement that benefits both you and the bank with as little impact on your other assets or financial holdings as possible.
