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

WE CAN NOT PAY THE HIGH FEES OR ASSESSMENTS CHARGED BY OUR RESORT AND WE HAVE DECIDED TO LET OUR DEEDED UNIT GO BY NOT PAYING NEXT YEAR'S FEES WHEN THEY ARE PRESENTED TO US. DOES ANYONE OUT THERE KNOW WHAT THE RESORT CAN COME AFTER,FOR THE UNIT IS PAID FOR AND IF IT WAS OUR HOME AND WE DID NOT PAY OUR TAXES, THE COUNTY COULD ONLY TAKE OUR HOME, FOR THAT IS WHAT THE TAXES ARE APPLIED TO. WE NEED SOME GOOD ADVICE FROM SOMEONE THAT KNOWS ABOUT THE LAWS IN POMPANO BEACH, FLORIDA. THANKS TO WHOEVER CAN HELP US A RETIRED 70 YEAR OLD COUPLE.

Your question is quite common among timeshare owners, however failing to pay your maintenance fees can induce foreclosure proceedings if your resort chooses to do so. Foreclosure will definitely affect your credit rating, however at your age you may not care about your credit rating.

You must understand that paying yearly maintenance fees is part of the deal when you signed on the dotted line to buy your timeshare, the same as signing a contract to buy anything such as a house, boat, auto etc., timeshare is no different.

You might try calling the resort to see if they will take your deed back commenting to them your age and life circumstances, however most resorts refuse to take deeds back, but it wouldn't hurt to give it a try.

richardw235 states / asks: >> WE HAVE DECIDED TO LET OUR DEEDED UNIT GO BY NOT PAYING NEXT YEAR'S FEES WHEN THEY ARE PRESENTED TO US. DOES ANYONE OUT THERE KNOW WHAT THE RESORT CAN COME AFTER,FOR THE UNIT IS PAID FOR AND IF IT WAS OUR HOME AND WE DID NOT PAY OUR TAXES, THE COUNTY COULD ONLY TAKE OUR HOME, FOR THAT IS WHAT THE TAXES ARE APPLIED TO. WE NEED SOME GOOD ADVICE FROM SOMEONE THAT KNOWS ABOUT THE LAWS IN POMPANO BEACH, FLORIDA. THANKS TO WHOEVER CAN HELP US A RETIRED 70 YEAR OLD COUPLE.<< --------------------------------------------- Your (unidentified) resort MIGHT voluntarily "take bacK" the deed to your ownership --- call them directly to find out. Statistically, that is NOT very likely however, since that would just leave the resort with owning a week on which no maintenance fees will be paid until resold and resale might be easier said than done (by you OR them).

Most resorts will not promptly initiate foreclosure in response to unpaid maintenance fee bills, since foreclosure still just ultimately results in the the resort owning something they don't want back anyhow --- and they have to pay legal costs to accomplish the foreclosure in the first place. That's a "lose / lose" situation for the resort. What most resorts do instead is just turn the account over to a collection agency, which will then hound you to pay your maintenance fee bills. Those bills are your legal responsibility as long as you are the owners of record. As in any other unpaid debt, liens can be filed against any other owned (titled) property to try to force payment, or just block the sale of that other asset unless the lien debt is resolved and satisfied FIRST.

As an alternative to just ignoring a financial and legal responsibility, I recommend that you contact non-proft outfits like Donate For a Cause, or the Florida Veteran's Association to see if they will accept your particular timeshare week as a donation. Know in advance, however, that they very well might NOT accept it (even for free) since it's of no use or value to them at all unless they can sell it and generate some cash for their cause. Some resorts / weeks just simply have no market value whatsoever, particularlry in weak economic times. However, submitting a donation request / evaluation doesn't actually cost you a penny, so it behooves you to at least inquire. Don't get all starry eyed about the tax deduction benefits of such a donation, however --- those benefits are actually quite small in reality. Just think it of it as a possible avenue by which to get rid of your timeshare promptly, legally and permanently. Be aware in advance that a timeshare account cannot have ANY associated unpaid bills if there is going to be ANY chance of its acceptance as a donation. Obviously, no charity anywhere on the planet is looking to voluntarily take on someone else's debts....

richardw235 wrote:

WE CAN NOT PAY THE HIGH FEES OR ASSESSMENTS CHARGED BY OUR RESORT AND WE HAVE DECIDED TO LET OUR DEEDED UNIT GO BY NOT PAYING NEXT YEAR'S FEES WHEN THEY ARE PRESENTED TO US. DOES ANYONE OUT THERE KNOW WHAT THE RESORT CAN COME AFTER,FOR THE UNIT IS PAID FOR AND IF IT WAS OUR HOME AND WE DID NOT PAY OUR TAXES, THE COUNTY COULD ONLY TAKE OUR HOME, FOR THAT IS WHAT THE TAXES ARE APPLIED TO. WE NEED SOME GOOD ADVICE FROM SOMEONE THAT KNOWS ABOUT THE LAWS IN POMPANO BEACH, FLORIDA. THANKS TO WHOEVER CAN HELP US A RETIRED 70 YEAR OLD COUPLE.

Your ask where one can go to get free legal advice concerning dumping a timeshare. Generally, free legal advice is worth what you pay for it but you may qualify for free legal advice in your community depending upon your financial need. I suggest you look for "Legal Aid" in the yellow pages and make a call to see if you qualify for free or discounted legal assistance.

Now I will offer some free advice that will differ somewhat from that posted elsewhere in response to your question.

First, you should understand the nature of your maintenance/assessment fee. Jayjay frequently refers to the maintenance fee debt as being just like any other debt such as a car payment, utilities, and so on. In reality it is not. You did not sign on the "dotted line" to pay these fees. You are obligated to pay them because of the declaration that was filed by the developer and referenced in your deed. This debt differs from other debts in that it is an "In Rem" obligation and not an "in personam" or personal debt.

Personal debts are typically reported monthly on your credit report and your payment record remains there as long as the account is active or for seven years from the date of your first delinquency. Federal law requires that a bad debt be deleted from your record seven years after the first delinquency. An in rem obligation on the other hand is not reported monthly on your credit report. This does not mean that a failure to pay a maintenance fee has no consequence. It does. A failure to pay will ultimately lead to a foreclosure and loss of the property. A foreclosure is reported on your credit report not as a personal debt but instead as a negative legal action against you. Thus, a foreclosure can impact your ability to get future credit or can result in a higher interest rate because you have proven to be a poor credit risk.

Most, if not all, resorts do not want to incur the financial expenses related to a foreclosure and will attempt to avoid doing so. Therefore, you should write (don't call) the resort and explain your financial circumstances and offer a "deed in lieu of a foreclosure". A letter from your legal aid attorney would carry more weight than your own letter. The resort will almost certainly reject this offer and will proceed to turn the fee over to a collection agency. It is often posted here and has been in response to your question that collection agencies will "hound" you. That type of action is forbidden by federal law and can result in penalties imposed by the Federal Government against the offender. (google FDCPA, or Federal Debt Collection Protection Act). You can prevent calls and letters from the collection agency by simply writing a "cease and desist" letter and sending it by certified mail to the offending collection agency. If they persist and a rare rogue agency will then simply refer the matter to the Federal Trade Commission.

In time the resort will accept your offer to deed the property back because that is a less expensive route for them to follow. Some will not. If they foreclose on the property, you lose the property and your credit is impacted because of the legal foreclosure.

It has been suggested by some in answer to your question that a failure to pay will result in a lien against all of your property. Simply failing to pay an in rem obligation will not result in a lien against your property. It is possible that the collection agency will threaten a suit to reduce the debt to a judgment. A judgement would be a lien against your real property but, a mere threat to file a suit to reduce a debt to a judgment is a violation of the above mentioned Federal Statute unless the resort intends to do so and in fact has a legal basis to do so. If you are sued for the maintenance fee then you will definitely need an attorney. Answer the suit. The declaration filed by the developer is mostly a unilateral contract in that it was written to primarily protect the resort but it usually contains language which requires the resort to meet certain standards and especially to maintain sufficient reserves to prevent exhorbitant special assessments. A counter suit alleging a violation by the resort of the standards (especially reserves) set by the declaration will almost certainly result in a settlement offer for a deed back.

I have never defaulted on any obligation and with God's help will never do so. But, I recognized that sometimes bad things happen to good people. They find they have a timeshare that they cannot give away and will not be accepted by a charity, and because of financial circumstances must be turned back. If that is your case, please consult legal aid and proceed accordingly.

CPA DAVEM FROM TUG CONCERNING THIS ISSUE:

"If you buy your own home, you're responsible for the maintenance, repair, roof replacement, landscaping, utilities, etc.

Similarly, if you buy a condominium, the condo association pays for all of the expenses you would normally have paid for a single-family home, except that you'll pay for some of the utilities yourself. The condo association charges each owner a fee to provide funds to pay those expenses.

If you (and perhaps some other owners) stop paying your condo fees, the condo association will not have enough money to cover expenses and the property will soon be in a shambles. Thus, condo associations are formed in a manner such that acquiring ownership in a condo legally obligates the owner to make the required fees. Doing otherwise would make the financial arrangements for condos completely unworkable and condos would not exist.

A timeshare resort is set up exactly like a condo association. The primary difference is that instead of one owner for each condo unit, there are usually 50 or 51 owners for each condo unit.

Thus, in order to make a timeshare resort financially viable for both you and me, we are each legally obligated to pay our maintenance fees on units we own." Dave M

"Because you are legally obligated to pay the MFs, based on the legal documents (called CC&Rs) to which your ownership in a timeshare resort or condo association is subject, any or all of the following can and often do happen when an owner stops paying:

The delinquent payments are reported to credit agencies, as Werner accurately states, damaging the owner's credit rating.

The resort adds late fees and interest to the unpaid amounts, as entitled by the CC&Rs. The resort turns the unpaid amount over to a collection agency, which adds its own fee as it collects the unpaid amounts.

Finally, the resort turns the unpaid amount over to an attorney, who might send a warning letter and eventually files suit for collection. Based on the wording in the CC&Rs, the owner, instead of having to pay $500 or so for the annual maintenance fee, must now, after the court judgment, pay upwards of several thousand bucks in maintenance fees, interest, late charges, collection fees, attorneys fees and court costs.

Still there are a few resorts that won't bother with strenuous collection efforts and will, in fact, start foreclosure proceedings to take back the week. There are other resorts that, if contacted, will be willing to take a week back. However, to simply stop paying maintenance fees and hope that the problem will go away would be foolhardy. "

Dave M

jayjay wrote:

CPA DAVEM FROM TUG CONCERNING THIS ISSUE:

"If you buy your own home, you're responsible for the maintenance, repair, roof replacement, landscaping, utilities, etc.

Similarly, if you buy a condominium, the condo association pays for all of the expenses you would normally have paid for a single-family home, except that you'll pay for some of the utilities yourself. The condo association charges each owner a fee to provide funds to pay those expenses.

If you (and perhaps some other owners) stop paying your condo fees, the condo association will not have enough money to cover expenses and the property will soon be in a shambles. Thus, condo associations are formed in a manner such that acquiring ownership in a condo legally obligates the owner to make the required fees. Doing otherwise would make the financial arrangements for condos completely unworkable and condos would not exist.

A timeshare resort is set up exactly like a condo association. The primary difference is that instead of one owner for each condo unit, there are usually 50 or 51 owners for each condo unit.

Thus, in order to make a timeshare resort financially viable for both you and me, we are each legally obligated to pay our maintenance fees on units we own." Dave M

"Because you are legally obligated to pay the MFs, based on the legal documents (called CC&Rs) to which your ownership in a timeshare resort or condo association is subject, any or all of the following can and often do happen when an owner stops paying:

The delinquent payments are reported to credit agencies, as Werner accurately states, damaging the owner's credit rating.

The resort adds late fees and interest to the unpaid amounts, as entitled by the CC&Rs. The resort turns the unpaid amount over to a collection agency, which adds its own fee as it collects the unpaid amounts.

Finally, the resort turns the unpaid amount over to an attorney, who might send a warning letter and eventually files suit for collection. Based on the wording in the CC&Rs, the owner, instead of having to pay $500 or so for the annual maintenance fee, must now, after the court judgment, pay upwards of several thousand bucks in maintenance fees, interest, late charges, collection fees, attorneys fees and court costs.

Still there are a few resorts that won't bother with strenuous collection efforts and will, in fact, start foreclosure proceedings to take back the week. There are other resorts that, if contacted, will be willing to take a week back. However, to simply stop paying maintenance fees and hope that the problem will go away would be foolhardy. "

Dave M

The initial question related to free legal advice from an attorney and not second hand "legal advice" from an accountant copied from another blog. A vague reference to legal documents without explicity is meaningless. Suggesting that a $500 maintenance fee can escalate into a multi-thousand dollar judgment is ludicrous. Certainly it is important that folks pay their MFs for timeshares to remain viable for all of us to enjoy. I own three timeshares and will always pay my fees and assessments but I am not so calloused that I will shrill for resorts with bogus claims of what can happen to one who experiencing a financial hardship finds it impossible to continue to pay their maintenance fees.

Suits for maintenance fees are a public record. I challenge anyone with an interest in the topic to go to an area with numerous timeshares and check the public records to determine the frequency of suits to reduce delinquent maintenance fees to judgments. Such research will show that such suits are rare. Of course, the public records will show frequent timeshare foreclosures as well as many deeds in lieu of foreclosure. Resorts will threaten all manner of dire steps to collect delinquent MFs but ultimately they will accept a deed back to avoid legal expenses and for a quick means of getting a non-performing timeshare into the hands of a new buyer who can and will pay the MFs. Such action reduces their overhead and ultimately works to the benefit of the rest of us who pay our MFs.

carvana wrote:

jayjay wrote:

CPA DAVEM FROM TUG CONCERNING THIS ISSUE:

"If you buy your own home, you're responsible for the maintenance, repair, roof replacement, landscaping, utilities, etc.

Similarly, if you buy a condominium, the condo association pays for all of the expenses you would normally have paid for a single-family home, except that you'll pay for some of the utilities yourself. The condo association charges each owner a fee to provide funds to pay those expenses.

If you (and perhaps some other owners) stop paying your condo fees, the condo association will not have enough money to cover expenses and the property will soon be in a shambles. Thus, condo associations are formed in a manner such that acquiring ownership in a condo legally obligates the owner to make the required fees. Doing otherwise would make the financial arrangements for condos completely unworkable and condos would not exist.

A timeshare resort is set up exactly like a condo association. The primary difference is that instead of one owner for each condo unit, there are usually 50 or 51 owners for each condo unit.

Thus, in order to make a timeshare resort financially viable for both you and me, we are each legally obligated to pay our maintenance fees on units we own." Dave M

"Because you are legally obligated to pay the MFs, based on the legal documents (called CC&Rs) to which your ownership in a timeshare resort or condo association is subject, any or all of the following can and often do happen when an owner stops paying:

The delinquent payments are reported to credit agencies, as Werner accurately states, damaging the owner's credit rating.

The resort adds late fees and interest to the unpaid amounts, as entitled by the CC&Rs. The resort turns the unpaid amount over to a collection agency, which adds its own fee as it collects the unpaid amounts.

Finally, the resort turns the unpaid amount over to an attorney, who might send a warning letter and eventually files suit for collection. Based on the wording in the CC&Rs, the owner, instead of having to pay $500 or so for the annual maintenance fee, must now, after the court judgment, pay upwards of several thousand bucks in maintenance fees, interest, late charges, collection fees, attorneys fees and court costs.

Still there are a few resorts that won't bother with strenuous collection efforts and will, in fact, start foreclosure proceedings to take back the week. There are other resorts that, if contacted, will be willing to take a week back. However, to simply stop paying maintenance fees and hope that the problem will go away would be foolhardy. "

Dave M

The initial question related to free legal advice from an attorney and not second hand "legal advice" from an accountant copied from another blog. A vague reference to legal documents without explicity is meaningless. Suggesting that a $500 maintenance fee can escalate into a multi-thousand dollar judgment is ludicrous. Certainly it is important that folks pay their MFs for timeshares to remain viable for all of us to enjoy. I own three timeshares and will always pay my fees and assessments but I am not so calloused that I will shrill for resorts with bogus claims of what can happen to one who experiencing a financial hardship finds it impossible to continue to pay their maintenance fees.

Suits for maintenance fees are a public record. I challenge anyone with an interest in the topic to go to an area with numerous timeshares and check the public records to determine the frequency of suits to reduce delinquent maintenance fees to judgments. Such research will show that such suits are rare. Of course, the public records will show frequent timeshare foreclosures as well as many deeds in lieu of foreclosure. Resorts will threaten all manner of dire steps to collect delinquent MFs but ultimately they will accept a deed back to avoid legal expenses and for a quick means of getting a non-performing timeshare into the hands of a new buyer who can and will pay the MFs. Such action reduces their overhead and ultimately works to the benefit of the rest of us who pay our MFs.

DaveM is well versed in ALL areas of timesharing and he researches his answers thoroughly before posting. I trust his judgement and his posts. He has clearly outlined in the post above what happens, contractually, if a timeshare owner stops paying their maintenance fees and I stand by what he states.

I don't see how any attorney can alter what is stated in a signed contract .... sorry. The only solution I see is the owner contacting the resort, stating his situation and asking if they would take his deed back ..... however that is highly unlikely as millions of timeshare owners would follow suit (as is evidenced in the millions of timeshares on the resale market) leaving a resort without financial support (maintenace fees). Resorts would simply collapse if such a scenario was successful.

jayjay wrote:

carvana wrote:

jayjay wrote:

CPA DAVEM FROM TUG CONCERNING THIS ISSUE:

"If you buy your own home, you're responsible for the maintenance, repair, roof replacement, landscaping, utilities, etc.

Similarly, if you buy a condominium, the condo association pays for all of the expenses you would normally have paid for a single-family home, except that you'll pay for some of the utilities yourself. The condo association charges each owner a fee to provide funds to pay those expenses.

If you (and perhaps some other owners) stop paying your condo fees, the condo association will not have enough money to cover expenses and the property will soon be in a shambles. Thus, condo associations are formed in a manner such that acquiring ownership in a condo legally obligates the owner to make the required fees. Doing otherwise would make the financial arrangements for condos completely unworkable and condos would not exist.

A timeshare resort is set up exactly like a condo association. The primary difference is that instead of one owner for each condo unit, there are usually 50 or 51 owners for each condo unit.

Thus, in order to make a timeshare resort financially viable for both you and me, we are each legally obligated to pay our maintenance fees on units we own." Dave M

"Because you are legally obligated to pay the MFs, based on the legal documents (called CC&Rs) to which your ownership in a timeshare resort or condo association is subject, any or all of the following can and often do happen when an owner stops paying:

The delinquent payments are reported to credit agencies, as Werner accurately states, damaging the owner's credit rating.

The resort adds late fees and interest to the unpaid amounts, as entitled by the CC&Rs. The resort turns the unpaid amount over to a collection agency, which adds its own fee as it collects the unpaid amounts.

Finally, the resort turns the unpaid amount over to an attorney, who might send a warning letter and eventually files suit for collection. Based on the wording in the CC&Rs, the owner, instead of having to pay $500 or so for the annual maintenance fee, must now, after the court judgment, pay upwards of several thousand bucks in maintenance fees, interest, late charges, collection fees, attorneys fees and court costs.

Still there are a few resorts that won't bother with strenuous collection efforts and will, in fact, start foreclosure proceedings to take back the week. There are other resorts that, if contacted, will be willing to take a week back. However, to simply stop paying maintenance fees and hope that the problem will go away would be foolhardy. "

Dave M

The initial question related to free legal advice from an attorney and not second hand "legal advice" from an accountant copied from another blog. A vague reference to legal documents without explicity is meaningless. Suggesting that a $500 maintenance fee can escalate into a multi-thousand dollar judgment is ludicrous. Certainly it is important that folks pay their MFs for timeshares to remain viable for all of us to enjoy. I own three timeshares and will always pay my fees and assessments but I am not so calloused that I will shrill for resorts with bogus claims of what can happen to one who experiencing a financial hardship finds it impossible to continue to pay their maintenance fees.

Suits for maintenance fees are a public record. I challenge anyone with an interest in the topic to go to an area with numerous timeshares and check the public records to determine the frequency of suits to reduce delinquent maintenance fees to judgments. Such research will show that such suits are rare. Of course, the public records will show frequent timeshare foreclosures as well as many deeds in lieu of foreclosure. Resorts will threaten all manner of dire steps to collect delinquent MFs but ultimately they will accept a deed back to avoid legal expenses and for a quick means of getting a non-performing timeshare into the hands of a new buyer who can and will pay the MFs. Such action reduces their overhead and ultimately works to the benefit of the rest of us who pay our MFs.

DaveM is well versed in ALL areas of timesharing and he researches his answers thoroughly before posting. I trust his judgement and his posts. He has clearly outlined in the post above what happens, contractually, if a timeshare owner stops paying their maintenance fees and I stand by what he states.

I don't see how any attorney can alter what is stated in a signed contract .... sorry. The only solution I see is the owner contacting the resort, stating his situation and asking if they would take his deed back ..... however that is highly unlikely as millions of timeshare owners would follow suit (as is evidenced in the millions of timeshares on the resale market) leaving a resort without financial support (maintenace fees). Resorts would simply collapse if such a scenario was successful.

DaveM is well versed in ALL areas of timesharing and he researches his answers thoroughly before posting. I trust his judgement and his posts.

Response:

I do my own research and address only issues with which I have personal knowledge and/or experience. I certainly don’t copy the work of others without securing their authorization and I would certainly include their complete name for verification purposes if I did use their words. .

I don't see how any attorney can alter what is stated in a signed contract .... sorry.

Response:

This is, in my opinion, a very naïve comment. Certainly an attorney cannot alter what is written in an executed contract but attorneys earn fortunes interpreting what the words in contracts mean.

The only solution I see is the owner contacting the resort, stating his situation and asking if they would take his deed back .

Response:

This is exactly what I suggested. My suggestion was directed to those who face a financial hardship and own a worthless timeshare that cannot be given away because the maintenance fees exceed the fair rental value of the property.

.... however that is highly unlikely as millions of timeshare owners would follow suit (as is evidenced in the millions of timeshares on the resale market) leaving a resort without financial support (maintenace fees). Resorts would simply collapse if such a scenario was successful.

Response:

To suggest that millions of timeshare owners would deed back their timeshare if they could is hyperbole to the max. Timesharing is a thriving industry growing by leaps and bounds and most owners are very happy with the experience and would never dream of just giving their timeshare back to the resort. I own three timeshares that are like those being sold by the developer for in excess of $20,000. My resort would be ecstatic at the thought of getting these timeshares back for zero dollars. Ain’t going to happen.

This is my last post on this subject, so, Jayjay, you get the last word!

We'll just have to agree to disagree. ... nothing wrong with that.

I know of two TS HOAs that will take back your week in Pompano. I don't believe any that were part of the old Vacation Break group will....which will include any T/S now managed by Wyndham/Fairfield.

I can't remember which of the independent resorts will. I'm also sure its not the Surf Rider as I see a sign on their building indicating T/S weeks for well less than $1000. Might be Canada House as one.

In anycase, you will probably be approached by a PCC now, indicating that they will be able to help. They will ask you to a meeting, and bring all the stuff you have on the T/S...and all fees must be paid in full by you.

Their offer will be to take the T/S off your hands (I'm not sure if they really take title) and ALL YOU HAVE to do is pay them $3999. Sound good?

Well, try getting help on the www.tugbbs.com site. Or the forums.com site.

You can't easily sell a place with $$ owed. So, try to keep up the payments. Pompano is 100% red all year (but not bright red). See if you can rent it while you post it for sale on www.redweek.com for $10.00. You caan post it on TUG for free is under $25.00. Make sure the buyer knows they pay for closing fees.

Or, you can do what the PCC do after they get your $3999.00. They post it on e bay...play games & try for a thousand or so...but finally, they will post it as a buy it now for $1.00 buyer pays closing.

If you have a good week, or can pick in a good float period, a good week, I do not see you having any problems with renting.....

BUT call the HOA and ask if they will take back your purchase. Marriott always does....Wyndham doesn't usually

Iagree with JAy....how could it hurt by calling them & asking???

kekouri wrote:

I know of two TS HOAs that will take back your week in Pompano. I don't believe any that were part of the old Vacation Break group will....which will include any T/S now managed by Wyndham/Fairfield.

I can't remember which of the independent resorts will. I'm also sure its not the Surf Rider as I see a sign on their building indicating T/S weeks for well less than $1000. Might be Canada House as one.

In anycase, you will probably be approached by a PCC now, indicating that they will be able to help. They will ask you to a meeting, and bring all the stuff you have on the T/S...and all fees must be paid in full by you.

Their offer will be to take the T/S off your hands (I'm not sure if they really take title) and ALL YOU HAVE to do is pay them $3999. Sound good?

Well, try getting help on the www.tugbbs.com site. Or the forums.com site.

You can't easily sell a place with $$ owed. So, try to keep up the payments. Pompano is 100% red all year (but not bright red). See if you can rent it while you post it for sale on www.redweek.com for $10.00. You caan post it on TUG for free is under $25.00. Make sure the buyer knows they pay for closing fees.

Or, you can do what the PCC do after they get your $3999.00. They post it on e bay...play games & try for a thousand or so...but finally, they will post it as a buy it now for $1.00 buyer pays closing.

If you have a good week, or can pick in a good float period, a good week, I do not see you having any problems with renting.....

BUT call the HOA and ask if they will take back your purchase. Marriott always does....Wyndham doesn't usually

Iagree with JAy....how could it hurt by calling them & asking???

I also recommend checking the Want Ads in RedWishes, TUG, and vacationtimesharerentals. You may fnd someone looking to rent and possibly buy.

mike1536 wrote:

kekouri wrote:

I know of two TS HOAs that will take back your week in Pompano. I don't believe any that were part of the old Vacation Break group will....which will include any T/S now managed by Wyndham/Fairfield.

I can't remember which of the independent resorts will. I'm also sure its not the Surf Rider as I see a sign on their building indicating T/S weeks for well less than $1000. Might be Canada House as one.

In anycase, you will probably be approached by a PCC now, indicating that they will be able to help. They will ask you to a meeting, and bring all the stuff you have on the T/S...and all fees must be paid in full by you.

Their offer will be to take the T/S off your hands (I'm not sure if they really take title) and ALL YOU HAVE to do is pay them $3999. Sound good?

Well, try getting help on the www.tugbbs.com site. Or the forums.com site.

You can't easily sell a place with $$ owed. So, try to keep up the payments. Pompano is 100% red all year (but not bright red). See if you can rent it while you post it for sale on www.redweek.com for $10.00. You caan post it on TUG for free is under $25.00. Make sure the buyer knows they pay for closing fees.

Or, you can do what the PCC do after they get your $3999.00. They post it on e bay...play games & try for a thousand or so...but finally, they will post it as a buy it now for $1.00 buyer pays closing.

If you have a good week, or can pick in a good float period, a good week, I do not see you having any problems with renting.....

BUT call the HOA and ask if they will take back your purchase. Marriott always does....Wyndham doesn't usually

Iagree with JAy....how could it hurt by calling them & asking???

============= By all means contact the resort. My father was in a similar situation and I finally convinced him to ask the resort if they will take back the unit...they did. The resort knew they could resell at a cost below retail.

I also recommend checking the Want Ads in RedWishes, TUG, and vacationtimesharerentals. You may fnd someone looking to rent and possibly buy.

We e-mailedthe resort to see if they would take our paid deed back, and they said they would not due to the fact they have too many units in foreclosure, we explained to them that we cannot pay 2009 fees, but they did not send us a reply on that part. We will keep trying to give it away and then go from there. Our lawyer here in Utah told us that in Utah no one could come after any of our assests, only take the timeshare deed back for that is all that is involved with the maintenance fees and taxes. But he did not know what Florida laws are, so now we will begin searching those laws. Thanks to all of you for helping.

richardw235 wrote:

We e-mailedthe resort to see if they would take our paid deed back, and they said they would not due to the fact they have too many units in foreclosure, we explained to them that we cannot pay 2009 fees, but they did not send us a reply on that part. We will keep trying to give it away and then go from there. Our lawyer here in Utah told us that in Utah no one could come after any of our assests, only take the timeshare deed back for that is all that is involved with the maintenance fees and taxes. But he did not know what Florida laws are, so now we will begin searching those laws. Thanks to all of you for helping.

See, that's why the resort is refusing to take your deed back ....... they already have foreclosures to deal with much less taking deeds back, however I would NOT continue to communicate with them by email, I would phone (or better yet go there in person) and talk to the resort manager. It would be even better to get in touch with the resort's HOA and explain your situation (age, health, finances etc).

Another thing you can do is advertise your timeshare on various internet sites, here on Redweek or on Ebay for $1.00. If your resort is in a decent location, and you own in a decent timeframe (ie: south Florida during snowbird season) and the resort has any demand, then you can probably unload it for $1.00. You might offer to pay the closing costs to gain more attention and interest to your ad.

I own weeks at three different resorts, one is run by the original LARGE developer in Florida, the other two are run by the elected Board of Directors. These two (one in Tahoe, one in Hawaii, both Gold Crown) do perform foreclosures, as well as take deeds in lieu of foreclosures. Since they no longer have an active marketing organization, they have a choice. Most times they will conduct auctions, setting the minimum opening bid at the balance due from maintenance fees plus some small expenses, with the winning bidder to pay escrow and any transfer fees. Or they simply list them with local Realtor (in Tahoe area) for sale or with HTSE as a rental. I have no experience on this subject with Westgate. Bottom line, in response to the original writer, your future is very much dependent on the resort where you own. BTW, have you no children or grandchildren who might be interested in taking the interval over, or maybe one of their friends - try some networking at your church/synagogue/mosque, club, service organization, or any other group to which you belong to find someone interested. But, NEVER listen to any pitch from an organization about taking the interval off your hands for a fee - they are all scams! Good luck.

We have two Timeshares that we would like to donate. Our health situation has changed and wecan no longer travel like before. We would find great pleasure in donating these Timeshares to a worthy cause. Thank you.

heinzs4 wrote:

We have two Timeshares that we would like to donate. Our health situation has changed and wecan no longer travel like before. We would find great pleasure in donating these Timeshares to a worthy cause. Thank you.

Unless your weeks are at a very popular resort at a very popular time/week (supply and demand) then a charity probably won't take them.

WE CAN NOT PAY THE HIGH FEES OR ASSESSMENTS CHARGED BY OUR RESORT AND WE HAVE DECIDED TO LET OUR DEEDED UNIT GO BY NOT PAYING NEXT YEAR'S FEES WHEN THEY ARE PRESENTED TO US. DOES ANYONE OUT THERE KNOW WHAT THE RESORT CAN COME AFTER,FOR THE UNIT IS PAID FOR AND IF IT WAS OUR HOME AND WE DID NOT PAY OUR TAXES, THE COUNTY COULD ONLY TAKE OUR HOME, FOR THAT IS WHAT THE TAXES ARE APPLIED TO. WE NEED SOME GOOD ADVICE FROM SOMEONE THAT KNOWS ABOUT THE LAWS IN POMPANO BEACH, FLORIDA.

ramsonw wrote:

WE CAN NOT PAY THE HIGH FEES OR ASSESSMENTS CHARGED BY OUR RESORT AND WE HAVE DECIDED TO LET OUR DEEDED UNIT GO BY NOT PAYING NEXT YEAR'S FEES WHEN THEY ARE PRESENTED TO US. DOES ANYONE OUT THERE KNOW WHAT THE RESORT CAN COME AFTER,FOR THE UNIT IS PAID FOR AND IF IT WAS OUR HOME AND WE DID NOT PAY OUR TAXES, THE COUNTY COULD ONLY TAKE OUR HOME, FOR THAT IS WHAT THE TAXES ARE APPLIED TO. WE NEED SOME GOOD ADVICE FROM SOMEONE THAT KNOWS ABOUT THE LAWS IN POMPANO BEACH, FLORIDA.

Someone named "Richard" asked this exact same question 3 years ago and it's posted at the top of this page (just scroll up). There are two good answers to your question(s) right below "Richard's" posting.

ramsonw wrote:

WE CAN NOT PAY THE HIGH FEES OR ASSESSMENTS CHARGED BY OUR RESORT AND WE HAVE DECIDED TO LET OUR DEEDED UNIT GO BY NOT PAYING NEXT YEAR'S FEES WHEN THEY ARE PRESENTED TO US. DOES ANYONE OUT THERE KNOW WHAT THE RESORT CAN COME AFTER,FOR THE UNIT IS PAID FOR AND IF IT WAS OUR HOME AND WE DID NOT PAY OUR TAXES, THE COUNTY COULD ONLY TAKE OUR HOME, FOR THAT IS WHAT THE TAXES ARE APPLIED TO. WE NEED SOME GOOD ADVICE FROM SOMEONE THAT KNOWS ABOUT THE LAWS IN POMPANO BEACH, FLORIDA.

Anytime you sign a contract for anything you buy (house, car, boat, motorhome etc) then you are obligated to pay any fees regarding such. The same is true for timeshares. If you quit paying your maintenance fees then they can come after you for unpaid debt.

You might try asking the resort if they will take your deed back but don't be surprised if they refuse.

My advice to you is to try to give your timeshare away to get out from under the obligation of any ongoing fees involved .... there's a bargain basement area here for low cost and free timeshares.

"Anytime you sign a contract for anything you buy (house, car, boat, motorhome etc) then you are obligated to pay any fees regarding such."

Over the years I have purchased houses, cars, and boats for cash and I have never ever been obligated to pay maintenance fees for any of these purchases. A purchase of a deeded timeshare for cash is unlike the purchase of any of the afore mentioned assets. The difference between a personal obligation and one that runs with the land is a legal concept that is difficult to explain to a non-attorney but it is significant and I suggest anyone faced with the problem described by ramsonw seek advice from a board certified real estate attorney to review his/her options.