05 Jul Mortgage mediation in Catalonia and Spain: a legal, humane and effective way to resolve conflicts

🏠 Mortgage mediation in Catalonia and Spain: a legal, humane and effective way to resolve conflicts

Mortgage mediation is an increasingly relevant tool in the field of alternative dispute resolution. Although still relatively unknown among the general public, it can be crucial in avoiding the judicialization of critical housing situations, especially where there is a risk of losing the home due to non-payment or financial hardship.

In this article, we explain what mortgage mediation is, how it works, what services are available in Catalonia and Spain, and what options you have if you need help—whether through public or private channels.

What is mortgage mediation?

It is a voluntary and confidential process, guided by a professional mediator, that facilitates communication and negotiation between a debtor and a financial institution (typically a bank or savings bank) to resolve a conflict related to mortgage payments, usually in cases of severe financial distress or default.

The aim is to reach fair, viable, and mutually agreed solutions, such as:
• Debt refinancing or restructuring.
• Debt relief (partial forgiveness).
• Payment deferrals or grace periods.
• Payment in lieu of foreclosure with an option for social rent.
• Agreements that avoid foreclosure or eviction proceedings.

Mortgage mediation in Catalonia

Catalonia offers a key service in this area: OFIDEUTE, the Housing Debt Mediation Service promoted by the Generalitat through the Housing Agency.

🔹 What does Ofideute offer?
• Free and personalized advice.
• Direct mediation with the financial institution.
• Legal and financial support for the affected individual or family.
• The possibility to refer the case to mediation or an out-of-court settlement.

Ofideute is especially aimed at people at risk of vulnerability who may lose their primary residence. It operates in coordination with municipal social services, regional councils, and professional associations (such as bar associations or economists).

Mortgage mediation at the national level

Although there is no single, centralized service like Ofideute, the Spanish State has promoted important initiatives, such as:
• The Code of Good Banking Practices (RDL 6/2012), which provides protection for vulnerable mortgage debtors.
• Regional and local mortgage mediation programs in areas like Madrid, Andalusia, or the Valencian Community.
• The possibility to engage in civil and commercial mediation under Law 5/2012, where both parties are willing to negotiate outside court.

🤝 Can mortgage mediation be done privately?

Yes. Private mediation is a fully legal and valid option for dealing with financial disputes, and it can be particularly useful when:
• The bank is open to dialogue.
• A faster and more personalized solution is sought.
• The case does not meet the criteria of public services like Ofideute.
• There is a desire to avoid court proceedings.

At 🌐 https://mediadorconflictos.com, our professional conflict resolution team offers private mortgage mediation with a human, impartial, and tailored approach. Our goal is to restore communication, analyse options, and facilitate workable agreements—always with care for people and their environment.

Benefits of mortgage mediation

• Avoids long, costly, and emotionally difficult litigation.
  • Helps protect the family home and dignity.
  • Generates realistic solutions agreed upon by both parties.
  • Reduces stress and the psychosocial impact of the situation.
  • Aligns with the new Organic Law 1/2025, which promotes ADR (Adequate Dispute Resolution methods) as a preferred route before going to court.

📬 Need guidance or advice?

If you are in conflict with your financial institution or at risk of losing your home due to non-payment, contact us. We will inform you clearly and without obligation about the available public and private options.
📩 daniel@mediadorconflictos.com