Banking and finance law

Conditions for giving in payment

The four cumulative conditions of Law 77/2016 and answers to frequent questions.

In addition to the conditions below, under Constitutional Court Decision no. 623/2016 the court also checks for hardship (an exceptional change of circumstances that makes the contract excessively onerous).

  • first, the borrower must be an individual (consumer);
  • the loan amount must not have exceeded €250,000;
  • the loan must be secured by a mortgage and have been taken to build, fit out or buy a home;
  • the consumer must not have been convicted of offences connected with the loan.

If the loan was secured by several properties, all of them will be transferred to the bank. Note: all the conditions must be met together.

How we help

  • We check the documents
  • We analyse the documents
  • We draft the giving-in-payment notice
  • We send the notice to the bank
  • We represent you before the notary
  • We review the giving-in-payment agreement
  • We negotiate the agreement
  • We represent you in court if needed

Page updated . The information on this website is general and is not legal advice on any specific matter.

Frequently asked questions

Who does giving in payment apply to?

It applies to consumers with mortgage loans. Guarantors, co-borrowers and sureties may also benefit.

Can I use it if enforcement has already taken place?

Yes, consumers whose mortgaged property has already been enforced against may also ask the court to declare the remaining debt discharged.

What happens to my instalments until the agreement is signed?

From the time the notice is sent until the meeting with the bank to sign the giving-in-payment deed, payments are suspended.

How quickly can the giving-in-payment deed be signed?

No earlier than 30 days after the notice is sent.

What if the bank does not agree?

The borrower can ask the court for a judgment declaring the loan obligations discharged and transferring ownership to the lender.

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