Manhattan Club Lawsuit

Johne,

That is a great idea. Post the Offering documents on Dropbox but also make two copies of the CD. Send one copy of the CD to Judge Rakower and one copy of the CD to Serwat.Farooq at the NY AG'S office. I will send out notice when you post so that others can compare it to the Offering documents they have. Irene Smalls

At some point MC will need to foreclose on those unwilling to pay maintenance. It would be better to have fees from sale of unit pay back past maintenance fees instead of fore giving fees and lining pockets of developer from sale of unit. Past practise is one more way the owners get screwed.

In my possession is the fifteenth amendment Restated Timeshare offering plan dated March 12 1999 as well as the 23 Amendement dated October the 31st 2000. I bought my time share on October the 3 2000. Should I send the amendement of October to the Judge? Thanks

Send the Judge and Serwat.Farooq of the AG’S office the important pages from both Offering documents.

Irene,

My copy of the TMC Offering Plan can be viewed at:

https://www.dropbox.com/sh/m2bu6iojclkudhh/AAC6szTdd4aJ2WVuQj0mKj0Da?dl=0

If you could send me the mailing addresses and official titles for Judge Rakerower and Serwat Farooq I will send them copies of the CD-ROM.

Wonderful Johne. I will post the info to your dropbox Manhattan Club Offering plan link on Facebook. Here is the contact info to send the Offering Plan copies. Divide and conquer. That is what TMC has been doing. By keeping TMC owners and their information/documents on the Manhattan Club apart TMC has been able to perpetuate their scam. How powerful would it be if we TMC owners and interested attorneys could view the Manhattan Club's 89 Offering Plans to compare and contrast. You, Johne, are making that powerful first step. If anyone else has a CD rom offering plan consider posting it as Johne has done.

Atty. Serwat Farooq New York Attorney General’s Office Asst. Attorney General 120 Broadway, 23th Floor New York, NY  10271

Honorable Justice Eileen Rakower, Supreme Court of the State of New York  71 Thomas St. Part 15 New York, New York 10013 Regarding case number 451536/2014: Schneiderman vs Eichner:

Irene Smalls

Yes, Irene. I did find in my paperwork 2 documents that I signed back in 2008. 1: Condominium Power Of Attorney 2: Timeshare Power Of Attorney. Both are notarized by Adela Ryman Notary Public No.01RY6087840 who I remember worked in one of the offices at Manhattan Club. Both documents also have the following statements right above my signatures "The Condominium Power Of Attorney shall be irrevocable" and "The Timeshare Power Of Attorney shall be irrevocable". Was this some kind of trap? Are you stuck with this for the rest of your life because of your signature on these papers? Anyway I'm sending both copies to Judge Rakower.

When is the next heaing before Judge Rakower,? Thanks for all your information.

From Corinne Smith 2:14pm Mar 29 This means they can do whatever they want with our ownership without having to ask us as they have the Power of Attorney to do so. Examples: -Deeds changed from Residential to Timeshare or whatever SUITS THEM! We were told we were "buying a piece of Manhattan" but ironically these Deeds were changed JUST BEFORE the AG Investigation went public and WE CAN DO NOTHING ABOUT IT! Nor do we get notification! And it's LEGAL! -Amendments to Offering Plan not sent to us because they can make ANY changes based on Power of Attorney!

Irrevocable-can't change our minds after signed!

All of us were deceived when signing these! For example, our salesperson said the forms were "formalities about making sure all the i's were dotted and t's were crossed. We don't want to have you come back here in case of an error."

I wonder what the salesman's response would have been had I spotted that statement and asked for that to be removed and retyped without it. They were feeding me papers one after the other rather quickly from the stack.This should be exposed and put on 60 Minutes and several investigative shows. This is shameful behavior on their part of which they would no doubt defend their part in it.

corinne, what you appear to be implying is that all this jockeying around and sending amendments, et al, to the AG AND THE JUDGE is a relative waste of time. if so, what next on the "to do" agenda. i hope irene will add a response to this message.

irenes93 wrote:

From Corinne Smith 2:14pm Mar 29 This means they can do whatever they want with our ownership without having to ask us as they have the Power of Attorney to do so. Examples: -Deeds changed from Residential to Timeshare or whatever SUITS THEM! We were told we were "buying a piece of Manhattan" but ironically these Deeds were changed JUST BEFORE the AG Investigation went public and WE CAN DO NOTHING ABOUT IT! Nor do we get notification! And it's LEGAL! -Amendments to Offering Plan not sent to us because they can make ANY changes based on Power of Attorney!

Irrevocable-can't change our minds after signed!

All of us were deceived when signing these! For example, our salesperson said the forms were "formalities about making sure all the i's were dotted and t's were crossed. We don't want to have you come back here in case of an error."

irenes93 wrote:

From Corinne Smith 2:14pm Mar 29 This means they can do whatever they want with our ownership without having to ask us as they have the Power of Attorney to do so. Examples: -Deeds changed from Residential to Timeshare or whatever SUITS THEM! We were told we were "buying a piece of Manhattan" but ironically these Deeds were changed JUST BEFORE the AG Investigation went public and WE CAN DO NOTHING ABOUT IT! Nor do we get notification! And it's LEGAL! -Amendments to Offering Plan not sent to us because they can make ANY changes based on Power of Attorney!

Irrevocable-can't change our minds after signed!

All of us were deceived when signing these! For example, our salesperson said the forms were "formalities about making sure all the i's were dotted and t's were crossed. We don't want to have you come back here in case of an error."

I dont know so well this TMC, but sounds like deceiting people.. Government (taxes.. Business laws..).. If I buy a tv, but is delivered radio.. Well, I dint believe that's legal act anyhow. This...deeds changed from Residential to Timeshares. So, the law is same considering timeshares and residential?

I just found my CD with the offering plan. it contains - 83rd Amendment, Eighth Restated Timeshare Offering Plan including amendments 84-87. I, too, was told that I was "owner" of a piece of Manhattan Real Estate. I have not read it.

To be sure, as I bought in 2013, I knew the yearly cost, but I thought that it was a good investment (hah) since they told me they would by it back if I wanted to sell it and had first right of refusal if I were selling it privately. I do have a points ownership -- with three nights at Manhattan Club and 4 with RCI -- Just recently changed it to 4 and 3. I usually come the same time each year so I make the reservation a year in advance and have not had an issue. But now that I realize that it was a major sales job (how naive I was) and that much of what was told to me was not true, I am very angry too. I have not paid my maintenance yet (waiting for tax refund!). I will do whatever I can to help our case.

Dear All: I have been a MC owner since 2002 and have experienced all the same difficulties as you with making reservations, exorbitant increases in maintenance fees and trying to sell my 1 week floating Jr. Executive Suite for several years. I had no idea this forum was going on until about 2 weeks ago when I tried to access the MC website and this came up and I caught the word “lawsuit”. I have since skimmed through the 89 pages up to that date and have been following since. I couldn’t imagine I was the only one out there having these problems but had no idea how to find out. Last week I wrote my letter to Serwat Faroog and Judge Rakower and I received a reply from Serwat Faroog. He is asking for any documents I can provide concerning my experiences with the MC such as (maybe others have received this same request): Documents received when I purchased ownership interest Advertisement, solicitations or brochures Notices I received after the date of purchase relating to the purchase Notices, invoices or other documents concerning the financing obtained in connection with the purchase Notices and/or invoices relating to mortgage obligations Notices and/or invoices relating to the MC’s yearly operating budget Correspondence to and/or from me and the MC relating to reservations, maintenance fees or mortgages Documents relating to the resale of my ownership interest Documents demonstrating who I contacted to make reservations Documents demonstrating unsuccessful attempts to making reservations RCI conversions Any other documents relating to the MC

I am working on putting together the documents I can to respond to his request. The letter states that they are aware there are more than 14,000 Manhattan Club purchasers and they are not able to contact everyone. They may or may not be able to reach out to me for further information but they will contact me directly if they require anything additional. I grew up in NY and moved to CT and purchased my floating week for days when I would be going into the city for theater, sports events, music, etc. for myself, family and friends which I was assured would work perfectly! Well, needless to say, that hasn’t worked out for some time. I will continue to follow the forum and keep you posted if I hear anything. My thanks to everyone for their time and efforts.

concerning the progress of the nysag vs the manhattan club lawsuit , i see that we're giving mr schneiderman information to help him win the case FOR NEW YORK STATE. so far, i haven't seen any information concerning how WE OWNERS will fare if mr schneiderman wins. any ideas, anyone? nothing has been forthcoming from schneiderman regarding this issue.

Having just received the 2017 Operating Budget from TMC, it appears that an estimated 1900+ owners have "opted" not to pay their fees/taxes! Despite the "cap" on management fees by the MANAGER, and despite "alterations" within the proposed budget, the owner fees have once again risen by 4.6% for 2017. This is outrageous! Obviously, the majority of owners apparently still enjoy paying these outlandish fees and utilizing the timeshare facility. What, in fact, should happen is that the majority of owners should boycott TMC by not paying annual fees, starting immediately........perhaps paying only the real estate taxes if one can determine the proper payment process to NYC. Despite my letters to the Asst Attny General, as well as to the Judge, a much more organized procedure should be the plan against TMC operation. This is becoming a joke!

Today, I received an email from the MC. This year, 2016 MC annual meeting will be done by mail correspondence instead of owners participation. Eichner has hired a company, Broadbridge Financial Solution Inc. to keep us further out of the loop.

EICHNER IS A CRAFTY, DEVIOUS (AND BRILLIANT) BUSINESS MAN. ANYBODY HERE SEE SHADES OF BERNIE MADOFF IN THIS SCENARIO, ALBEIT NOT EXACTLY A PONZI SCHEME? BUT MAYBE THEY'LL DINE TOGETHER ON HOT DOGS AND BEANS ON THEIR RESPECTIVE COTS, OR IN THE PRISON MESS HALL, WITH A GLASS OF TAP WATER ON THE SIDE.

davidh1203 wrote:

Today, I received an email from the MC. This year, 2016 MC annual meeting will be done by mail correspondence instead of owners participation. Eichner has hired a company, Broadbridge Financial Solution Inc. to keep us further out of the loop.

Chris,

I agree with you we are helping the NY AG win the state's case against the Manhattan Club. My attitude is "any port in a storm." I see the NY AG's case as laying the ground work for legal actions filed to benefit us TMC owners later.

Irene Smalls

WHAT A FRAUD...SCAM...WE GOT INVOLVED IN. EICHNER AND PALS ARE CROOKS. I AM NOT GOING TO PAY THOSE EXHORBITANT MAINTENANCE FEES.