Manhattan Club Lawsuit

I would LOVE for someone to call the press on this mess. I live in California so I'm not sure the press would consider my opinion all that relevant. I love New York and I always enjoyed staying at TMC but I stopped paying my maintenance fees when I found this blog on Redweek because I didn't want to continue to fund the crooks. I wasn't having any luck getting time at TMC anyway so I stopped funding the madness. If I lived there I would definitely take this to the news stations. What are the thoughts floating around on this option? I'd love to hear others opinions.

jea, if it's a buyback, accept nothing less than market value for your investment............on the other hand............. PLEASE DON'T G I V E your share away to these friggin thieves unless you have good reasons for doing so. at least wait a while longer for the possible "settlement" and decide from there.

also..................

"Was The Manhattan Club forced to offer a buy back program and/or an exit program for current owners who want out? My gut tells me no????"........LISTEN TO YOUR GUT!

keep in touch.

chris

jea wrote:

Was The Manhattan Club forced to offer a buy back program and/or an exit program for current owners who want out? My gut tells me no????

beckyf76, almost from just beginning of this forum (redweek.com........the manhattan club lawsuit.............), we made many attempts to involve the media in this shameful fraudulent mess, aka THE MANHATTAN CLUB. we did get some decent press, but i've come to the conclusion that the public at large couldn't care less about people like us who could, at least at the time of purchase, afford to buy time in an upscale operation. although the NYSAG, SCHNEIDERMAN garnered a victory in his legal pursuit with TMC, i don't believe he has any notion to see that we owners become whole financially and otherwise. he won his case for the state; that's what matters. now he's off to more ny state issues involving NEW YORKERS which could possibly earn him more future votes. remember, many owners at TMC are from out of ny state or are from foreign countries, obviously not new yorkers.

we're on our own to be FAIRLY recompensed for our losses. this means that as a UNITED GROUP, we need to seek help from groups or professionals who will offer us the attention and assistance we need. WE NEED TO BE PROACTIVE AND CREATIVE...............AND TOGETHER.....UNITED. we must also be ready to compensate those who will help us, e.g., attorneys. also, there are national associations of timeshare owners. perhaps googling for them would be helpful as a start.

OUR MAIN GOAL IS TO GET EICHNER, VIA OUR COURT SYSTEM, TO GIVE US OUR DUE...............WHAT WE HONESTLY PAID (VIA THE COST OF THE TIMESHARE AND THE EXORBITANTLY HIGH MAINTENANCE FEES..........AND, FOR MANY, NOT BEING ABLE TO GET DESIRABLE RESERVATION TIME). were his FRAUDULENT actions as a timeshare seller civil wrongdoings or criminal offenses?.................an easy answer to say the least.

PROACTIVITY, CREATIVITY AND UNITY ARE THE OPERATIVE WORDS IN PERSUING OUR RIGHTS

keep in touch.

chris

beckyf76 wrote:

I would LOVE for someone to call the press on this mess. I live in California so I'm not sure the press would consider my opinion all that relevant. I love New York and I always enjoyed staying at TMC but I stopped paying my maintenance fees when I found this blog on Redweek because I didn't want to continue to fund the crooks. I wasn't having any luck getting time at TMC anyway so I stopped funding the madness. If I lived there I would definitely take this to the news stations. What are the thoughts floating around on this option? I'd love to hear others opinions.

Here are a few paragraphs of the Assurance.

Under Prospective Relief of the Assurance, Paragraph 62. "Respondents shall enter into an agreement with the third-party operator of timeshare properties ("TMC Purchaser") previously identified to the OAG on or about July 28, 2017, or to such other third party purchaser approved by the OAG to own and sell timeshare interests in New York, whereby (i) T. Park and O. Park shall enter into an agreement with a third-party to transfer timeshare interests from existing owners to TMC Purchaser, all their timeshare interests in The Manhattan Club, and (ii) after three years of management, Urban will transfer to TMC Purchaser or it assignee the Management Agreement (the "TMC transfer").

Paragraph 77. "this Assurance may be recorded with the NYC Registrar against the timeshare interests as this Assurance affects the property and all subsequent purchasers should be placed on notice of the requirements of this Assurance."

Paragraph #63. "All Sponsor-appointed current officers and directors will resign from their positions as members of the Board of the Timeshare Association at the time of the first transfer of interests to TMC Purchaser, and TMC Purchaser will appoint replacement officers and directors."

Paragraph 64. b). "TMC Sponsors "shall seek to sell their Remaining Interests to a third party..." Under d) "Sponsors shall be free to appoint board members to the Timeshare Association Board to replace any members appointed by TMC Purchaser who resign as a result of the Default; The Sponsor appointed board members shall recuse themselves from any and all votes involving in any way any of the Respondents or affiliated entities."

Paragraph #74. "The Respondents represent and warrant, through the signatures below, that the terms and conditions of this Assurance are duly approved, and execution of this Assurance is duly authorized. The Respondents shall not take any action or make any statement denying, directly or indirectly, the propriety of this Assurance or expressing the view that this Assurance is without factual basis. Nothing in this paragraph affects the Respondents' (i) testimonial obligations or (ii) right to take legal or factual positions contrary to the terms of this document in defense of litigation or other legal proceedings, to which OAG is not a party. This Assurance may not be used by any third party in any other proceeding and is not intended, and shall not be construed, as an admission of liability by the Respondents in any other proceeding." To me, this means this Assurance cannot be used as evidence in another trial, but the Respondents cannot deny the violations they've admitted to in this Assurance should others seek a lawsuit.

I'd like to sign the petition ASAP.

Chris, I am sure that you are absolutely right about caring less about people like us. I also agree that we need to be PROACTIVE, CREATIVE AND UNITED just as you said. Since I'm not from New York I'm not sure a California attorney would be interested in taking this case on but what about an attorney in NY? Is this something that's even fathomable given the enormity of the case because with 18,000+ owners this would be an enormous undertaking. Are we just spinning our wheels for nothing or do you think there's someone out there who would even consider taking this on? I agree that we would all have to pay for whatever advice/counsel we seek but I'm not sure everyone is interested in paying for something we may not win. I know I'd like to keep my unit but not under the circumstances. I haven't paid my maintenance fees for 2016 or 2017 and I certainly will not do so before more is known about who is taking over the TMC, or if the fees will be lowered, etc., etc. Does anyone out there have any idea what it would cost to litigate this and if it's even wise to do so? I'd love to hear some ideas from those of us who truly are interested in keeping our timeshare at TMC.

Does anyone know of a law firm that specializes in this kind of timeshare litigation? We need to all agree to ante up additional funds should we, as a group obtain an attorney to represent us in a class action suit. That is the only way we will get any type of justice and compensation. I do not think we will receive anything from this recent settlement. Again what a waste of our time and money and the NY taxpayers money for this sham settlement by the attorney general's office.

Hi Mark I too am trying to help my elderly parents. Is the a form or site or paperwork I need to fill out or is it automatic. How would the AG know how many days were unavailable from 2011-2014 to each member? IS there a claims administrator? ANY info would be greatly appreciated! THANK YOU all for all your hard work. I am sure they would be more than happy to sign the petition and get rid of their shares. Shirls

How and when is the Manhattan Club going to resolve the situation with the owners of their time shares. If the Attorney General has settled the case, shouldn't there be a way out of our ownership so that we can feel free to go on? It's puzzling.

Yes, I will sign petition, Thank you.

The settlement dies not address the future if the purchasers/owners. The property will transfer to new ownership at an unspecified time in the future. So, issues of staying or leaving will undoubtedly need to wait until new owners take over.

Hi I am interested in joining the lawsuit. Please email me info (survey etc) at nosebott@aol.com

Thanks Stephanie N

beckyf76, WE NEED , a NEW YORK attorney with super winning credentials in cases such as ours who would take on our plight either individually (not recommended) or as a class action suit. this would probably involve mega bucks in attorney's fees.................HOWEVER , IF WE WIN, then mr scam/fraud, aka EICHNER, would bear the cost of attorney and court fees plus whatever monetary fines that would be imposed by the court. this situation, in my opinion, could wind up in criminal court rather than a civil hearing. i believe eichner committed criminal fraud concerning his tenure and our misfortune at THE MANHATTAN CLUB.

my summation here is that we'd be taking a big chance in retaining such a high-end attorney (not being certain what the outcome would be.) there is also the issue of UNITY. HOW CAN THE DESCRIBED LEGAL ACTION BE COORDINATED AS A CLASS ACTION SUIT? THIS IS WHERE CREATIVITY ENTERS THE PICTURE, AND WHERE PROACTIVITY PLAYS A BIG PART.

FROM "THE SOUND OF MUSIC"...............LET'S START FROM THE VERY BEGINNING, A VERY GOOD PLACE TO START.......

i leave this part for suggestions from our group of defrauded TMC shareowners: FINDING AN ATTORNEY (AS DESCRIBED ABOVE), an essential and initial step. once this has been accomplished we, perhaps acting as representatives of all interested owners, could sit down with this attorney to discuss strategies.

YEP, THIS IS A BIG BITE TO CHEW!

SUGGESTIONS ARE SOUGHT FROM ALL INTERESTED IN THIS TYPE OF ACTION.

UNITY, CREATIVITY, PROACTIVITY.

keep in touch.

chris

TO beckf76 and all other subscribers to this redweek.com forum:

if you're interested in bringing a class action suit against eichner and cohorts, here's a start in our quest to find an expert new york attorney:

google "new york attorneys with timeshare expertise".

here's small list i found with one click..............many more to consider:

Charles D'Onofrio III, Esq. Nesconset, NY 11767 (917) 341-2643 Show Banner Real Estate Attorneys WebsiteSee Our ServicesMore Info

Find Attorneys at No Cost A 98.7% Client Satisfaction Rating. 100% Private and Fully Confidential www.LegalMatch.com/Local Find a Family Law LawyerCriminal DefenseTalk to a LawyerWills, Trusts & EstatesPersonal Injury Attorneys

Long Island Lawyers Now We have lawyers ready to help! Call today for legal advice. call-local-lawyers.com

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it's a start folks. let's get our PROACTIVITY IN MOTION.

KEEP IN TOUCH.

chris

ps: i have no idea of the level of expertise of those in the above list. further checking and research are essential WE'RE SEEKING RESULTS IN THE FORM OF REASONABLE RETRIBUTION FROM THE FINANCIAL DISASTER THAT EICHNER AND CREW LED US INTO. LET'S UNITE, AND AS "HAMILTON" SAID/SANG, "I AM NOT THROWING AWAY MY SHOT!"

UNITED, CREATIVE, PROACTIVE

How much cash should each of us be willing to put up front in order to get this law suite started?

Do you think Jeff at Redweek has any advice to give us? I would be interested to know if other timeshare scams have been exposed, litigated and a successful outcome was had. If this is by chance a criminal case could we possibly find an attorney that would take it on a contingency. I'm not savvy in the area of litigation and, if the cost to litigate is higher than what we have invested in this mess, we may be spinning our wheels.

We'd be up against the billionaire Eichner and his legal team ...who the NYS Attorney General fought for 3 years and only managed to get a token settlement. The strategy used by these billionare types is to lawyer the opposition into spending oblivion.

Dennis - you are correct - they will ask for delays; they will stall, they will make motions for additional hearings ; they will ask for postponements. It still angers me that the A. General's office basically wasted our time. I was on the phone several hours with 2 different assistant attorney generals and I submitted documents on several occasions. I don't have positive feelings about the settlement like I did in the beginning. I hate to admit but I don't think much is going to change and we'll never be made whole again. The timeshare prices, I do not believe, will ever bounce back.

I received an invoice today from TMC for my annual fee of over $2400. I refuse to pay since I think the units aren't worth that much and I can get 7 days in a luxury hotel for $342. a night. Anyone else shares the same position? I expect to default on the payment and deal with the repercussion.

I have had great success previously with small claims courts. I understand it may or may not work, n\but they have to send a lawyer. It costs them, whereas all it costs the litigant (us) is their time to show up. If we could organize this, I would be a willing participant. They have to come to YOUR jurisdiction btw.