Manhattan Club Lawsuit

have owners stopped paying their maintenance fees during the investigation?

Chris, at this point, because of the investigation and the ban the AG has put on further sales and transactions, as of last June, you can't give your timeshare back to TMC, even if you wanted to. There is no choice but to wait and see what the outcome of this investigation is. If one wanted to sell their timeshare, TMC has first right of refusal. That means one has to see what they say before one can turn to the doubtful option of selling it on the open market/ebay, etc. I am not sure, but it sounds like TMC would not be allowed to give the go ahead for anyone to sell on the open market, due to the ban by the AG. All we can do is wait and trust that it will all turn out for the best as it eventually did for many of Madoff's clients.

I almost traded in my investment for a lesser valued timeshare only last week. I decided to hold on until I know the outcome of the lawsuit. I would like to get rid of this ownership as the maintenance fees are ridiculous. I may actually attend the Dec. 1st meeting.

deborahs528 wrote:

Chris, at this point, because of the investigation and the ban the AG has put on further sales and transactions, as of last June, you can't give your timeshare back to TMC, even if you wanted to. There is no choice but to wait and see what the outcome of this investigation is. If one wanted to sell their timeshare, TMC has first right of refusal. That means one has to see what they say before one can turn to the doubtful option of selling it on the open market/ebay, etc. I am not sure, but it sounds like TMC would not be allowed to give the go ahead for anyone to sell on the open market, due to the ban by the AG. All we can do is wait and trust that it will all turn out for the best as it eventually did for many of Madoff's clients.

I have stopped paying.

By not paying fees , anyone think will be some consequences ? I am due to pay it in Dec . I am not planning to pay it , so if any one knows more about it , pl let me know .

I can't answer this question...but I do know if one doesn't pay the fees, late/penalty fees are levied against you, as several owners can attest. I think about, what if we have an advantageous outcome re: the AG investigation. Will it hurt me if I haven't paid the fees. Even though they have committed fraud, we have signed contracts and are obligated to pay. I pay my fees and continue to enjoy the place once a year. I am being patient and trusting there will be an advantageous outcome for the owners. This obviously is a very personal decision for all.

vibhavarys wrote:

By not paying fees , anyone think will be some consequences ? I am due to pay it in Dec . I am not planning to pay it , so if any one knows more about it , pl let me know .

I agree, we did sign a contract agreeing to pay fees. I, as others, are not happy about the rising cost and were handed a bill of goods with false promises and misrepresentations but were fortunate enough to have specific dates in our contract so we haven't had the issues that others have had. We continue to enjoy using TMC and are hoping for a financial benefit out of the AG lawsuit and are Willing to wait and not absorb extra penalties for not paying our fee, or being foreclosed upon, as we are contractually lible.

Today I called and spoke to a Mr. Walsh, Judge Eileen Rakower's court clerk. He said TMC owners can attend the hearing on December 1, 2015. We cannot speak at the hearing but we are entitled to attend. I plan to attend.

Irene Smalls

Has not TMC violated the contract by failing to provide what it contracted for?

irenes93 wrote:

Today I called and spoke to a Mr. Walsh, Judge Eileen Rakower's court clerk. He said TMC owners can attend the hearing on December 1, 2015. We cannot speak at the hearing but we are entitled to attend. I plan to attend.

Irene Smalls

I cannot make the meeting but would love to find out what is said. Where would I be able to obtain that info? I live in Florida and that is the only reason I won't make it. If you know, please share.

Thank you for attending this meeting. I wish I could be there....

I share your sentiments. Hope springs eternal, or something like that.

deborahs528 wrote:

I can't answer this question...but I do know if one doesn't pay the fees, late/penalty fees are levied against you, as several owners can attest. I think about, what if we have an advantageous outcome re: the AG investigation. Will it hurt me if I haven't paid the fees. Even though they have committed fraud, we have signed contracts and are obligated to pay. I pay my fees and continue to enjoy the place once a year. I am being patient and trusting there will be an advantageous outcome for the owners. This obviously is a very personal decision for all.

vibhavarys wrote:

By not paying fees , anyone think will be some consequences ? I am due to pay it in Dec . I am not planning to pay it , so if any one knows more about it , pl let me know .

lorib592 wrote:

irenes93 wrote:

Today I called and spoke to a Mr. Walsh, Judge Eileen Rakower's court clerk. He said TMC owners can attend the hearing on December 1, 2015. We cannot speak at the hearing but we are entitled to attend. I plan to attend.

Irene Smalls

I cannot make the meeting but would love to find out what is said. Where would I be able to obtain that info? I live in Florida and that is the only reason I won't make it. If you know, please share.

Thank you for attending this meeting. I wish I could be there....

I too cannot make the Dec. 1 hearing since I live in Seattle. But my thought is that if TMC owners, who are able to make the hearing, get together afterwards, they could put a synopsis of the hearing on Red Week and direct us as to further steps we can/should take. I appreciate all of you who are attending or thinking about attending. Thank you!!

We also live out of state and cannot attend but would like to know what happens. Would appreciate any info you can share. Thank you..

Good point but their may be a loophole that they can use and then you will be in default if you have not paid your maintenance fees adding penalties on top of all ready high fees and you may have to higher an attorney to fight that battle. It's certainly a personal choice.

I will post a synopsis of the Dec. 1, TMC New York AG hearing on Redweek.com I don't have the highest hopes of gaining a lot of information but it is important we maintain a presence before the court, the New York AG and TMC. TMC owners will not be ignored. State laws have been violated. Our rights have been violated as well. Irene Smalls

TMC owners need to be aware that the power dynamics have changed. There are now three players in this investigation: the NY AG, TMC and the judge. The NY AG has made clear they are not concerned with owners. Their client is the State of New York. We know TMC WANTS to continue their scam for as long as they can. The judge is a possible point of leverage for TMC owners. TMC owners cannot speak at the hearing but we can write to the judge. Let your voices be heard now on how the TMC SCAM has impacted you.

Contact her court clerk, Mr. Walsh, for the address to write to: 646 386-3316

Be sure to remember to copy widely whenever you write to either the NY AG or the Judge. It leaves a good paper trail and will force them to mount a response especially if the copies include such entities as the NY Times, NY Daily News, the Governor's Office, and Preet Bahara. James687

irenes93 wrote:

TMC owners need to be aware that the power dynamics have changed. There are now three players in this investigation: the NY AG, TMC and the judge. The NY AG has made clear they are not concerned with owners. Their client is the State of New York. We know TMC WANTS to continue their scam for as long as they can. The judge is a possible point of leverage for TMC owners. TMC owners cannot speak at the hearing but we can write to the judge. Let your voices be heard now on how the TMC SCAM has impacted you.

Contact her court clerk, Mr. Walsh, for the address to write to: 646 386-3316

The address is:

71 Thomas Street Part 15, room 205 NY, NY 10013 I forgot to ask to whom to address it.

My plan is to send what I wrote to the AG, since time is of the essence and I saved and have that document ready to send.

deborahs528 wrote:

irenes93 wrote:

TMC owners need to be aware that the power dynamics have changed. There are now three players in this investigation: the NY AG, TMC and the judge. The NY AG has made clear they are not concerned with owners. Their client is the State of New York. We know TMC WANTS to continue their scam for as long as they can. The judge is a possible point of leverage for TMC owners. TMC owners cannot speak at the hearing but we can write to the judge. Let your voices be heard now on how the TMC SCAM has impacted you.

Contact her court clerk, Mr. Walsh, for the address to write to: 646 386-3316

The address is:

71 Thomas Street Part 15, room 205 NY, NY 10013 I forgot to ask to whom to address it.

My plan is to send what I wrote to the AG, since time is of the essence and I saved and have that document ready to send.

Since the hearing is a little more than a week away, Mr. Walsh said we could fax the info: the number is 212 520 1095...I am going to fax and mail to insure as much as I can that the info is received. Oh and it should be addressed to Judge Eileen Rakower.

Please include me in the class action lawsuit against the Manhattan Club.