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I myself am curious how this works in Iceland and parts of Europe.  From what I gathered from Hudson's talk this was the case in the USA until the depression. My surmise is that one could just walk away, but any assets or income remain vulnerable to attachment. Hudson noted that the fact that the home was worth substantially less than the value of the loan represents a failure on the part of the bank (and the regulatory authorities) more than on the part of the borrower in the case of bubbles. Do you know what is the law in Spain?

As the Dutch said while fighting the Spanish: "It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Tue Nov 24th, 2009 at 05:21:18 PM EST
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Maybe you can start here.
santiago:
bankruptcy almost always protects homeowners' right to retain the property
Maybe in the US it does.
One thing that didn't use to be possible in Spain until very recently and which hasn't been done by many people even then is to use bankruptcy to get out of unsecured debt while retaining your home.

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma
by Migeru (migeru at eurotrib dot com) on Wed Nov 25th, 2009 at 02:47:10 AM EST
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