BiPartition

Friday, February 12th, 2010

Cant’ Pay Your Spanish Mortgage: What Are Your Choices?

If you are like many people today, you may be having trouble making ends meet or are living paycheck to paycheck. If you find yourself unable to pay your mortgage on your primary or second home, you may face major consequences. These consequences vary by country and can even vary by state or province within the same country, so it is important to understand them fully.

For instance, when you default on mortgages in Spain, 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. But now Spanish banks have become more aggressive about enforcing mortgage terms for all homeowners, even non-Spanish citizens.

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. The bank is more likely to accept the home back from you if you have had a true hardship that has affected your ability to make payments on your Spanish mortgage. Any homeowners that can prove such a hardship to the bank will be even more likely to succeed in negotiating a turnover.

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. But the bank can legally attempt to collect any amount from you. 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..

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. 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.

This entry was posted on Friday, February 12th, 2010 at 9:00 am and is filed under Hall Of Legal Resources, Info, Realty Info. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

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