What Are the Results of Defaulting on Your Spanish Mortgage?
In uncertain economic times, many people find themselves unable to make their mortgage payments. 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 past years, it was possible to default on a Spanish mortgage with little to no loss at all to the homeowner. 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.
If you find yourself unable to avoid defaulting on your Spanish mortgage, 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 is under no obligation to let you out of the mortgage by taking the home back. They will be rather unlikely to take the home back without good reason such as a hardship. 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 despite your attempts to negotiate a home turnover, the bank refuses your offer, you must then sell your home. 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. 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. The bank may collect money by placing liens on any and all assets of the homeowner. This may take years to do, but the bank will not give up without getting their money.
Defaulting on a mortgage in Spain is an extremely serious situation, so it is essential that the homeowner work as closely as possible with the bank as soon as it is evident that defaulting is going to be unavoidable. 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.
