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  • read about immoral practice

    hi everyone, i posted this on a yahoo group recently and thought it would go well here also...i dont know how often i'll be back but if youd like to write me with your thoughts, you are welcome to send them to me at rwf4444@yahoo.com

    Approximately 7-8 years ago, my mother purchased a unit at Bluebeard’s Castle. Well intending, but without my knowing, she signed my name on the deed, making me a co-owner with her. Some many years later, between my mother’s health deteriorating, her not being able to work, and the exorbitant rise in the maintenance fees, she became unable to make the payments. She has tried to sell/give away the unit but has not found any takers.
    I found out I was an “owner” about six months ago by receiving a notice from a debt collection agency, Meridian, informing me I owed Bluebeard’s (and them) two years worth of maintenance fees. I asked my mother about it and that was when she told me when she bought the place, she had signed my name.

    I called Meridian and told them the debt was not mine. My mother called them and told them what had occurred; they wouldn’t budge. Both of us also wrote Bluebeard’s board of directors and told them what had happened. With the exception of John Enrietto, we were met with incredibly little sympathy. I have never used the timeshare, never paid into it, didn’t sign my name, and didn’t know it was mine. The board (Ira Frank, Dick Cornell, and Ken Drew) wouldn’t budge either. They suggested, among other things, that I pay the debt and, if you can believe it, to sue my mother. I suggested that their zealousness to collect money had clouded their judgment.

    Ira eventually put me in contact with Paul Goodrich, who was supposed to “investigate” the matter. The days turned into weeks turned into months and were full of unreturned phone calls, unreturned emails, and unanswered questions. One question I was fond of asking was, “would you pay the debt if my mother had put your name on the deed, or President Bush’s?” The fact that I am related to and know my mother is inconsequential. That question never got answered. I also sent a copy of the document with my mother’s fake signature of my name and a number of documents with my real signature—apparently to no avail.

    In the interim I had applied for a home loan and I’m not able to close on it while I have this “bad credit”. If you look at the message boards, the board of directors considers this as evidence that their debt collection practices are being effective. It might be that for some people, but for me, I take it rather as evidence that the board of directors lack discernment and is hiding behind what apparently is legal with little or no regard for what is moral.

    Three months later, I finally contacted upper management, Bill Young, Greg Shepherd, Peter Gianini and George Selensky, telling them the same thing I’ve written here and asked them please to take my name off the debt at Meridian. Here was their response: “Since your name is on the deed you are jointly liable for the fees with your mother.” Does anyone else find it incredibly appalling that people can be held liable for a debt that they themselves did not create—and that no one had to witness the signatures wherein property changes hands?

    Suppose I got a hold of Dick Cornell’s credit card numbers and ran up a debt, purchasing things without his assent or knowledge? Would he be culpable for the debt? No—and the bank would readily accept the explanation, and absolve Dick from the debt. In fact, this was John Enrietto’s partial solution—which the board rejected.

    To make matters worse, adding insult to injury---as I mentioned earlier, my mother can’t get rid of the timeshare. Following SPM’s suggestion, as well as our own wisdom, we wanted to take my name off the deed so that debt wouldn’t continue to accumulate in my name---and then SPM had the idiotic gall to write “Note that you have admitted ownership to some degree by signing a deed (for something you claim you do not own) to transfer ownership (which you claim you do not have) back to your mom.” That is the very definition of damned if you do, damned if you don’t.

    I see from looking around here a little that many of you are having problems (By the way, I tried to join under my own name and email address and was denied. I can only surmise that Ken Drew recognized my name and refused to let me in.) Hopefully many of you can empathize with the situation---one I didn’t create and one in which the board and the management company have the power to fix, but refuse---and which by far is the most unethical decision I’ve ever been involved with.

    If there is something you can do to help, I’d love that and I’m absolutely all ears…

  • #2
    ps: read about immoral practice

    if anyone might like to purchase a unit in st thomas u.s. virgin islands, please let me know and i'll put you in touch with my mother...

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    • #3
      Since you never signed the deed and your signature was forged. Get your self an attorney and sue them for damages that they caused you on your credit, This might fall under decrement of character. Now keep in mind that if your mom god forbid passes away you will inherit the timeshare and the debt that goes with it.
      Timeshareforums Shirts and Mugs on sale now! http://www.cafepress.com/ts4ms

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      • #4
        If there is such a thing, you need a good attorney. To sue your mom sounds awful,but there lies the problem. Good luck, you are going to need it !

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        • #5
          Blaming the wrong party.

          You need to prove - using the attorney mentioned above not merely protesting that you never signed - that you did not purchase or sign the deed to this unit. As you have discovered owing money to a condo/timeshare that enforces the fees (and if they are well run they WILL enforce the fees against the owners of record) can lead to a bad credit report and other consequences.

          Now the fact that your MOTHER did this to you means that the suggestion to sue HER is not as far out as you seem to think. To blame the resort/HOA is ludicrous. They didn't sell the time to her - the developer did. They didn't assign the ownership/record the deed your MOTHER did. They are merely looking out for all owners as they should by doing everything possible to collect the fees due FROM THE OWNERS OF RECORD. If you can prove you didn't sign the deed and get a court to remove your name then they will not chase you anymore. But that isn't their job to do it's your problem. You & your mothers. Thats why suing HER to get it removed & your credit repaired is the way to go.

          You are blaming the victim of a fraudulent act rather than the perpetrator. You have no case against the resort. Timeshare sales are bad enough without being blamed for things they didn't do. Sorry. Get it straightened out legally and the claims / reports against you will end. Good luck.

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          • #6
            While I realize that it was your mother that forged your signature, I would not have advised you to sue her for the damage as the HOA did. Nonetheless, the HOA and thus all other owners should not be punished for her fraudulent act. In comparison, when my credit card was stolen and my signature was forged the charges were removed by the credit card company. It was not contingent upon me suing the party that forged my name.

            Jana

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            • #7
              Originally posted by 1950bing
              If there is such a thing, you need a good attorney. To sue your mom sounds awful,but there lies the problem. Good luck, you are going to need it !
              Originally posted by timeos2
              You need to prove - using the attorney mentioned above not merely protesting that you never signed - that you did not purchase or sign the deed to this unit. As you have discovered owing money to a condo/timeshare that enforces the fees (and if they are well run they WILL enforce the fees against the owners of record) can lead to a bad credit report and other consequences.

              Now the fact that your MOTHER did this to you means that the suggestion to sue HER is not as far out as you seem to think. To blame the resort/HOA is ludicrous. They didn't sell the time to her - the developer did. They didn't assign the ownership/record the deed your MOTHER did. They are merely looking out for all owners as they should by doing everything possible to collect the fees due FROM THE OWNERS OF RECORD. If you can prove you didn't sign the deed and get a court to remove your name then they will not chase you anymore. But that isn't their job to do it's your problem. You & your mothers. Thats why suing HER to get it removed & your credit repaired is the way to go.

              You are blaming the victim of a fraudulent act rather than the perpetrator. You have no case against the resort. Timeshare sales are bad enough without being blamed for things they didn't do. Sorry. Get it straightened out legally and the claims / reports against you will end. Good luck.
              Originally posted by janapur
              While I realize that it was your mother that forged your signature, I would not have advised you to sue her for the damage as the HOA did. Nonetheless, the HOA and thus all other owners should not be punished for her fraudulent act. In comparison, when my credit card was stolen and my signature was forged the charges were removed by the credit card company. It was not contingent upon me suing the party that forged my name. Jana
              You're going to need to go to court if that's your druthers and your Mom is the guilty party. You should be blaming your Mom and no one else.

              It would be cheaper for you (and your Mom) if you want off, to pay the fees and get it back in your mother's name. And guess what, you'll be seeing it again when her estate goes to settlement unless you help her get rid of it. Pay the bills and try eBay for $1 with current MFs paid and all CC paid, it might sell.
              ... not enough time for all the timeshares ®

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              • #8
                We had a similiar circumstance happen to my husband. You know how they send credit card apps in the mail and all you have to do is sign and they send you a credit card? Well, those kept coming to his old house and his signature was forged on a few of those apps. Luckily, it was for the same bank and when they called him for collection, he told them it was a forged signature. The collection rep was pretty savvy and after speaking to my husband; had some documents pulled and realized that the signature was not his and went after the other party. But, he was very lucky because it could have resulted in a huge legal mess.

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                • #9
                  When you deeded it back to your mother you should have done it by quitclaim deed. That way there is no suggestion of a claim of ownership.

                  You might also want to contest the entry on your credit report with each of the three credit reporting agencies. You might get the negative information removed that way.

                  While I agree that collection of delinquent accounts is the duty of the board and management, that needs to be done with common sense, which does not appear to be applied by them here. When they continue to pursue you with full knowledge of the forgery, they are off base and might even be liable to you for damages such as the lost mortgage.

                  Comment


                  • #10
                    Originally posted by Carolinian
                    When you deeded it back to your mother you should have done it by quitclaim deed. That way there is no suggestion of a claim of ownership.

                    You might also want to contest the entry on your credit report with each of the three credit reporting agencies. You might get the negative information removed that way.

                    While I agree that collection of delinquent accounts is the duty of the board and management, that needs to be done with common sense, which does not appear to be applied by them here. When they continue to pursue you with full knowledge of the forgery, they are off base and might even be liable to you for damages such as the lost mortgage.
                    Steve - It is his word that there was forgery - not a clear case & knowledge by the HOA. It is up to him to get his name off the deed correctly not a job for the HOA. All they can go by is what the recorded deed states. They cannot and should not spend owners money trying to find out if a signature is forged or not. The recorded deed trumps anything else until it is legally changed. The HOA cannot change it. He is complaining about the wrong party.

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                    • #11
                      I concur with the comments above that the resort is not to blame. The only party who acted in bad faith here is the mother.

                      It's not the responsibility of the resort to resolve disputes among owners where there is apparent joint title. It's not the responsibility of the resort to determine whether apparent joint titles were properly created.

                      The only possible exception would be if the sales person at the resort knowingly participated in the mothers fraud. Otherwise, the resort had no way of knowing a fraud was being perpetrated, nor is it their responsibility to verify so.

                      To assert otherwise is akin to asserting that the resort is obliged to sort out title in the event of a divorce, for example, when the parties are fighting about who owns (or doesn't own) the timeshare.

                      Nor is it good policy for the resort to allow delinquent owners to shirk their fees simply by being able to assert there name was fraudulently entered on the deed.

                      The mess is the creation of the mother, not the resort. And that is where the remedy lies, not with the resort.
                      “Maybe you shouldn't dress like that.”

                      “This is a blouse and skirt. I don't know what you're talking about.”

                      “You shouldn't wear that body.”

                      Comment


                      • #12
                        They are trying their best to back peddle on this is my initial take, however, I do not have the contract in front of me.

                        What was the signatory requirement ? That is, did all signatures require notarization ? This is standard. Times02 & Steve Nelson touch on this point.
                        If a notarized sig was required, did they falsely notarize yours ? This could be a point of law which works in your favor.
                        Also, did they coax or tell your Mum that it would be okay to sign your name ? All things to consider.



                        Also, St. Thomas, in the USVI has its own unique laws apart from the U.S. Trust me, Napoleonic Law is still alive & well in Puerto Rico (though not in the USVI).

                        Comment


                        • #13
                          Originally posted by bigfrank
                          Since you never signed the deed and your signature was forged. Get your self an attorney and sue them for damages that they caused you on your credit, This might fall under decrement of character. Now keep in mind that if your mom god forbid passes away you will inherit the timeshare and the debt that goes with it.

                          Unless there is some weird law in one of the states I'm unaware of, you can NOT inherit a debt. The debt dies with the deceased and is paid out of the estate of the deceased.

                          My mother died 9 years ago. All debts the were filed with the estate after appropriate notice was given were paid. The few that did not file a claim with the estate were not paid and were just out of luck. One was a $15,000 debt with Greentree financial services. I was the only heir to the estate. Greentree had no recourse against me when the estate was closed.

                          I'm not certain why everyone thinks that MF's are forever or why they think the heirs of the estate must pay them but, that information is just not correct. You are not forced to accept an anything you do not want and debt is not inheriatable.
                          Our timeshare and other photo's at http://dougp26364.smugmug.com/

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                          • #14
                            Originally posted by dougp26364
                            Unless there is some weird law in one of the states I'm unaware of, you can NOT inherit a debt. The debt dies with the deceased and is paid out of the estate of the deceased.

                            My mother died 9 years ago. All debts the were filed with the estate after appropriate notice was given were paid. The few that did not file a claim with the estate were not paid and were just out of luck. One was a $15,000 debt with Greentree financial services. I was the only heir to the estate. Greentree had no recourse against me when the estate was closed.

                            I'm not certain why everyone thinks that MF's are forever or why they think the heirs of the estate must pay them but, that information is just not correct. You are not forced to accept an anything you do not want and debt is not inheriatable.
                            I'm not a lawyer and I don't play one on TV or on TS4Ms but the estate will have to settle the debts.
                            ... not enough time for all the timeshares ®

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                            • #15
                              Originally posted by dougp26364

                              I'm not certain why everyone thinks that MF's are forever or why they think the heirs of the estate must pay them but, that information is just not correct. You are not forced to accept an anything you do not want and debt is not inheriatable.
                              But the estate cannot be closed if they don't dispose of the assets. That includes the timeshare. They either have to set up a trust type account to guarantee future payments or sell/deed back the ownership. No one can be forced to accept it but neither can it just be abandoned and the estate be considered liquidated. I guess if the heirs wanted to tie up whatever the estimated future fund stream that would be needed to pay the annual fees - for no one to use since it would remain the ongoing obligation of the estate of the deceased - they could but why would anyone want that?

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