WHERE CAN WE GO TO GET FREE LEGAL ADVICE ON DUMPING TIMESHARES?

josephinec40 wrote:

What happens if you tried to settle with the resort and they refuse? My ex and I stopped paying the MF on our deeded timeshare a few years ago, and the resort turned it over to a collection agency. We worked with the agent on a settlement for the resort to take the unit back through a deed-in-lieu, but then at the last minute, the resort changed their minds. Since they refused to work with us, I told the agent that they would not be getting one red cent from us ever again. Now, I get the MF bills from the resort twice a year, which I ignore, and the agency attempts to contact me a couple of times a year. Each time I tell them that because the resort refused to work with us, we are not paying them anything.

The thing is though, I don't think the deed was actually transferred into our names. We got paperwork to make the transfer once we paid it off, but by then we were getting divorced and the paperwork got lost in the shuffle, so I don't actually have any deed to this TS, and we were never notified that the resort made the transfer themselves. I just want this to go away--we never actually used the timeshare and I don't want to keep paying MF on something that I get no value out of.

It's up to the HOA whether or not they will take a deed back. If they refused then it is still yours and you will continue to be billed for yearly maintenance fees .... if you refuse to pay it will affect your credit score which that score is used for many things such as borrowing money, finding a job (they check your credit score), insurance costs, buying a home etc.

Since you say you have no proof the transfer occurred (lost transfer papers) then you're at the mercy of the resort as they have it in their records that you own it. Since you haven't paid maintenance fees in many years this will not just go away.

I should clarify--we didn't lose the papers, we just didn't file them. We were supposed to complete the transfer form, have it notarized, then send it back to the resort so they could transfer the deed into our names. We never did that--I actually still have the form they sent us. So I can't sell it or donate it, because I don't have the deed, and the resort refused to take it back. Based on what I've read on this board, it is cheaper for the resort to do a deed-in-lieu instead of a foreclosure, but they wouldn't do it. Is it worth trying again?

It's possible you might not legally own the timeshare since you didn't complete the transfer. It might be worth while for you to consult a real estate attorney to see if you are actually the owner. That is what I would do.

josephinec40 wrote:

I should clarify--we didn't lose the papers, we just didn't file them. We were supposed to complete the transfer form, have it notarized, then send it back to the resort so they could transfer the deed into our names. We never did that--I actually still have the form they sent us. So I can't sell it or donate it, because I don't have the deed, and the resort refused to take it back. Based on what I've read on this board, it is cheaper for the resort to do a deed-in-lieu instead of a foreclosure, but they wouldn't do it. Is it worth trying again?

The timeshare would have been in your name at the resort even though you owed a balance to a loan company and then you paid the balance off (that was between the loan company and you, not the resort) .... that doesn't change the name of the owner (you) in the resort's records.

Ok...so what should I do now? I don't want it anymore and just want to get rid of it.

josephinec40 wrote:

Ok...so what should I do now? I don't want it anymore and just want to get rid of it.

Since you haven't paid maintenance fees in several years it will be almost impossible to even give it away. Even PCC's (postcard companies that take a deed charging the owner several thousand dollars then put it on Ebay auctions) won't take deeds that are in arrears in maintenance fees.