Struggling borrowers decide to hand the keys back to
the bank in order to avoid being repossessed. Repossessed properties are usually left in negative equity, meaning you owe more money than what the property can raise in an auction. If after this you are in negative equity, the lender can actually pursue you abroad in your home country for the difference. The property itself, the collateral, was only guaranteeing the bank loan. Following Art. 1911 of the Spanish Civil Code, once the property has been repossessed, you will be held personally liable with all your assets, both now and in the future, for the difference between what you owe the bank (plus the repossession associated expenses, lawyers fees, default compounded interests, etc) and what the property is worth after the full repossession procedure is over. The same principle applies in the United Kingdom. Is this only in theory? Im afraid not. Many defaulting borrowers have now realized with shock that this is
indeed happening; despite that the lender has
repossessed their Spanish property, they are still being chased in their home countries or elsewhere for the outstanding debt. Therefore, those in lieu of being repossessed should rather either sell the non-performing mortgage as a distressed asset (of which there are now many websites available) or else follow a dacin en pago procedure if they are unable to find a buyer in time