Court auctions

Court auction payment deadline in Spain: 20 days since 2025

⏱ 3 min read
Court auction payment deadline in Spain: 20 days since 2025

Winning a court auction is the easy part. Paying for it on time is what separates the person who gets the flat from the person who loses the deposit. And there's a change here that hardly anyone has caught up with: in proceedings begun since 3 April 2025, the deadline for paying the rest of the price of a property is twenty days, counted from the close of the auction. It used to be forty, counted from the notification; in earlier proceedings, it is still forty. Now it's half that, and the clock starts on its own.

Exactly how much time you have

It's set out in article 670 of the Ley de Enjuiciamiento Civil (LEC, the Spanish Civil Procedure Act), as amended by Ley Orgánica 1/2025: within the twenty days following the close of the auction, the highest bidder must pay into the court's account the difference between what they deposited in order to bid and the total price of the winning bid (the remate). Two details matter:

  • The deadline starts when the auction closes, not when you receive a notification. The portal closes twenty calendar days after opening, and from that day you count another twenty working days.
  • There's no automatic extension. The court can consider a reasoned request, but don't count on it: the law takes it for granted that whoever bids already has the money.

For movable goods (cars, machinery) the deadline is ten days. In administrative auctions held by Hacienda (the tax authority) or Social Security, the deadlines are set by their own regulations and by the notice for each auction; always check it.

Why an ordinary mortgage won't come through in time

Applying for, valuing, approving and signing a mortgage in Spain takes between six and ten weeks in normal conditions. With a twenty-day deadline, no bank can do it from scratch. If you go into an auction thinking "I'll ask for a mortgage if I win", you're gambling your deposit, which in proceedings begun since April 2025 is 20% of the auction value: on a flat valued at 150,000 euros, that's 30,000 euros.

The three ways to have the money ready

  • Your own capital. The clean option. The money has to be in a liquid account, not in a fund with a redemption period or in a fixed-term deposit that hasn't matured.
  • A mortgage pre-approved on that property. Few banks offer one for auctions, and they require a prior valuation and full documentation before you bid. If that's your route, the work with the bank is done before you lodge the deposit, not after you win.
  • A bridging loan. Short-term, more expensive financing that covers payment of the winning bid while you register the property and arrange the definitive mortgage on it. It works for investors with assets; for a private individual without a financial cushion it usually works out too expensive.

What happens if you don't pay on time

You lose the deposit. The court declares the sale void (quiebra del remate), keeps what you paid in to bid, and the property goes to the next bidder who had reserved their bid (reserva de postura) or is put up for auction again. With the deposit at 20%, a financing failure no longer costs a few thousand euros: it costs the equivalent of a house deposit.

The practical rule

Don't bid without having the source of the money confirmed in writing before you lodge the deposit. And work out the timetable backwards: the auction closes on day X and payment falls due twenty working days later (Saturdays, Sundays and public holidays don't count). If the source is a loan, the lender's commitment has to carry that date.


Also read: how much the deposit to bid is and how you get it back, how bidding works with the sealed-bid system and the complete guide to court auctions with the 2025 rules.

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