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Cant’ Pay Your Mortgage in Spain: What Are Your Options?

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. 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 mortgage in Spain 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 has to accept your offer, and they are under no obligation to do so. They will be rather unlikely to take the home back without good reason such as a hardship. 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 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. However, the bank can legally pursue the homeowner for any shortfall amount at all. The bank may collect money by placing liens on any and all assets of the homeowner. 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.

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.

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