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Consequences on stop maintenance fee payments on a RTU timeshare
Hi, I want to know what are the consequences if I stop maintenance fee payments on a paid off RTU timeshare (Exploria resorts). We had a major life change, and can no longer afford this annual maintenance fees. I contacted the resort, to see if we could work something out, but they are very not willing to work with us. Can they take us to judicial court, even though we have a non deeded timeshare? At this point I don't care about my credit dropping or harassment calls. And also if I stop payments, how long until they take me to collections? Thank you in advance for your answers.
Miguel S.
miguels65 wrote:Can they take us to judicial court, even though we have a non deeded timeshare? At this point I don't care about my credit dropping or harassment calls. And also if I stop payments, how long until they take me to collections?
It's just a membership so if you stop paying annual fees, the worst they will do is make harassing calls. They likely won't take you to collections. If they do, they probably won't be able to extract money from you.
Lance C.
Have you ever thought of renting your week for the maintenance fees? This method could save your credit rating. Just a suggestion. Redweek, Facebook Market Place, VRBO or Airbnb might be able to help your rent them.
miguels65 wrote:Hi, I want to know what are the consequences if I stop maintenance fee payments on a paid off RTU timeshare (Exploria resorts). We had a major life change, and can no longer afford this annual maintenance fees. I contacted the resort, to see if we could work something out, but they are very not willing to work with us. Can they take us to judicial court, even though we have a non deeded timeshare? At this point I don't care about my credit dropping or harassment calls. And also if I stop payments, how long until they take me to collections? Thank you in advance for your answers.
Dan Z.
It’s stated every time we booked that we could only use our timeshares if the maintenance fee is up to date. I assume that if you don’t pay your maintenance and don’t use it, they may eventually take back your deed. It’s good for them as they would be able to sell it again.
Kim G.
kimg641 wrote:It’s stated every time we booked that we could only use our timeshares if the maintenance fee is up to date. I assume that if you don’t pay your maintenance and don’t use it, they may eventually take back your deed. It’s good for them as they would be able to sell it again.
There is no deed to take back. It's a Right-to-use (RTU). Nonetheless, if the person stops paying, he loses his right to use and the membership is terminated.
Lance C.
lindap737 wrote:Someone who knows please answer me. See above message. Mine is deeded, can go go after my children when I pass??
Unless you have ever previously (and very unwisely) put your children’s names on the deed, thereby making them co-owners, there is absolutely NO chance that anyone can “go after” your children in any way regarding your timeshare(s) when you pass. If they are not presently named on the deed, they have no responsibility whatsoever for your timeshare(s). If you did previously put their name(s) on the deed, the timeshare is indeed their problem after your demise. It's that simple, no matter what anyone might try to (inaccurately) tell you otherwise. If not already on the deed, your children can simply and formally disclaim the inheritance and thereafter don't have to initiate or accept any contact whatsoever to or from the resort(s) involved.
KC
Last edited by ken1193 on Sep 12, 2023 04:57 AM
lindap737 wrote:Mine is deeded and was told my children will be responsible after my death.
Who told you this? AS KC mentioned above, your children will not be responsible nor can the resort or timeshare company go after your children.
Was it one of these "cancel" companies that told you that your children will be responsible for this?
Lance C.
are you able to 'rent' out your unit to cover the maintenance fee? Doesn't Red Week support this action?
OR find a friend/colleague (or nurse who's overworked?) locally who could use it for the maintenance fee, if your contract allows you to substitute a person for your week (most do) Best wishes.
Beatrice B.
beatriceb32 wrote:are you able to 'rent' out your unit to cover the maintenance fee? Doesn't Red Week support this action?
Yes, anyone can rent out his unit. And yes, you can advertise your unit for rent here on RedWeek. The trick will be finding someone who wants to rent your unit. The chances of success varies.
Lance C.
My mom purchased a RTU in puerta vartalla when she went on vacation with my dad, we took another vacation to Cancun, me not knowing they had a membership already they resigned a contract in Cancun for better deal and what not. Long story short we are paying for fees for something we ni longer use.. we have tried canceling but that seem impossible. My question is is what would happen if we just stoped paying them? Would we face legal action since it was in Mexico and we live in the states someone pleae help
Gerardo T.
gerardot11 wrote:My question is is what would happen if we just stoped paying them? Would we face legal action since it was in Mexico and we live in the states someone pleae help
You probably would not face any legal action. The worst that usually happens is that you face a barrage of annoying collection calls and letters.
Lance C.
I had a bad stroke and being on disability now, cannot afford the maintenance fees and am behind in these payments. I asked the resort to let me give my deeded timeshare back due to my situation but they said they didn't have a give back program. They have since had a collection company constantly call me. Now suddenly, the calls just stopped. We are Canadians and the timeshare is in the states. Does anyone have any suggestions or simular experiences?
Jeff W.
jeffw839 wrote:I had a bad stroke and being on disability now, cannot afford the maintenance fees and am behind in these payments. I asked the resort to let me give my deeded timeshare back due to my situation but they said they didn't have a give back program. They have since had a collection company constantly call me. Now suddenly, the calls just stopped. We are Canadians and the timeshare is in the states. Does anyone have any suggestions or simular experiences?
In view of your unfortunate circumstances, your best bet might very well be to ignore the collection agency (under U.S. law, they must stop calling you upon your specific request, by the way) and just let them go right ahead and foreclose, which they will do at some point. The toothless collection agency has no legal authority or power whatsoever; just ignore them. Put it all behind you, just forget all about them and look after your own health — there is really nothing further that they can or will do.
KC
Last edited by ken1193 on Apr 03, 2024 05:53 AM
I'm the person who started this thread. I just want to give a big thank you to Lance.C. you were 100% correct in your information you replied. I wrote 3 letters i wrote all my life changing events,i wrote, that i was willing to work something out with them if they would take the timeshare back , one letter was for my timeshares ceo, in there main headquarters (Florida), one letter was for management in there main headquarters(Florida), and the other letter where my timeshare was located in Pennsylvania. I made copies of this letters and saved them. I stopped making my maintenance fee payments. The harassment calls started, alot of them, over 50 different phone numbers, because each time they would call me, I would block them. Next day it would be a different phone number calling me, but I knew it was them, cause the area code was from Florida or Pennsylvania. I live in California. So it was just the harassment calls. They also tried to charge me with a one time assessment fee for $16,000 , plus the regular annual maintenance fees, so i would just keep sending them copies of the original letters, and told them, you will NOT get a payment from me. Then we didn't hear nothing from them, for maybe 4 to 5 months. Then just last week I received a letter of termination stating I no longer have membership or any obligations to this timeshare. And they did not take me to collections , my credit score is the same. So people this timeshare companies just have everyone scared. Never again I will fall into this trap. Again Thank you Lance.C. 🙂 hope this helps people that feel they are stuck with this timeshares till death. THANK GOD! I'm out of this
Miguel S.