read about immoral practice

[Carolinian Super Moderator Find all posts View Profile Close Carolinian]

beaglemom--just a quick note hello--i have written both the attorney general in ny state and the one in sc. but i waited to do that until after i got the "final" word from the management company. i am skeptical they would have done anything differently had they known ahead that was a potential course of action for me and i doubt anything will come from the one ive just taken---but i know i cant sit idly by---so we'll see...

Have you challenged the adverse credit report with the three credit reporting agencies and given them your proof. Getting it off of your credit history will be a major help, as I would just about bet dollars to donuts that they will never sue you.

[Carolinian Super Moderator Find all posts View Profile Close Carolinian]

Actually, the HOA boards have been asking for mediation or arbitration for a long time. It was Fairfield/Wyndham, knowing that they held a losing hand, that refused such a logical proposal and ending up bankrupting their local corporation instead. UNFairfield, now Wyndham . . . an outfit I would never want to own a timeshare in. They are absolute thugs, based on how they operated at Bluebeard's Castle.

Yes. We haven't heard any updates on that in awhile (courts move slowly, etc). In the meantime I'll bet the resort isn't getting any better (it isn't).

What a shame that the HOA Board, Wyndham and whoever else is involved all seem to feel they are the only view that counts and that they are 100% right and entitled to full satisfaction. Nothing less will do. It is a recipe for eventual disaster (if it isn't one already) that most likely the littlest guy - the individual owners - will bear the brunt of. Even now it would be so much better if all sides sat down, swallowed their pride and past differences and simply did something to get this mess resolved and the resort the money/work it desperately needs. I've heard the cries that "the other side" won't do it (ie enter into binding arbitration) but that is still trying to place blame and be the "winner" rather than actually working out what would be a painful compromise for all sides. Meanwhile the owners suffer, the resorts suffers, the lawyers collect seemingly never ending fees and, in the end, whatever decisions are reached are likely to be based on a compromise no side will be completely satisfied with. The exact outcome a serious negotiated settlement talk would likely yield. But at a cost of tens or even hundreds of thousands of dollars, lost years of potential for the resort and suffering for the owners.

Maybe they are too far down the road or the wounds are too deep on both sides to do anything else now but this sure is a situation to stay out of if you aren't already an unfortunate caught up in it as an owner there. If it does play out to the end my bets, unfortunately, are on the corporate deep pockets right or wrong. Again it will be the owners that take it on the chin and are likely to be wishing that their representatives had taken a step back and worked out a deal even if it is far from 100% of they think they have coming. Time will tell and conjecture by either side is just that. It's easy to think you hold the cards and will be the victor until the court goes another way and you're stuck with that decision. Right now they still have a chance to at least have a say in the final outcome. In my opinion they are shortsighted - putting all the eggs in a basket with no bottom - to place it all in the courts hands.

[timeos2 Senior Member Find all posts View Profile Close timeos2]

Actually, the HOA boards have been asking for mediation or arbitration for a long time. It was Fairfield/Wyndham, knowing that they held a losing hand, that refused such a logical proposal and ending up bankrupting their local corporation instead. UNFairfield, now Wyndham . . . an outfit I would never want to own a timeshare in. They are absolute thugs, based on how they operated at Bluebeard's Castle.

Again a Corporation (or individuals) are under no obligation to enter into arbitration or mediation if they don't want to. Especially a rich corporation that may certainly have the money and time to use the courts and eventually end up with a compromise anyway. It doesn't hurt them.

But the owners don't have deep pockets and most likely will also end up with a compromise - but it will hurt them after years of resort neglect and raising fees far more than Wyndham. If I were on that Board I'd ask to sit down face to face with the other party and try to reach that compromise NOW and save the time and outrageous cost of continuing litigation. But they had better realize they will not get 100% of what they are asking. Not by a sit down settlement or through years of court battles.

I just think they are being far too emotional and hard headed (it's tough not to be when you think you've been wronged) but its not getting them anywhere and cooler heads should prevail.

[Keitht Super Moderator Find all posts View Profile Close Keitht]

I've come into this one very late, but from what I have read - assuming the OP is being accurate with their information (I am not suggesting otherwise) neither side is acting wrongly or immorally.
The HOA has a duty to collect fees and according to their records the OP is joint owner of the property. The OP says they never signed the agreement and have never been a party to the ownership.
If the OP can demonstrate that they were not present when the contract was signed it destroys the HOA case.
If the OP can demonstrate that the signature doesn't match their normal signature it strongly undermines the HOA case, but doesn't necessarily disprove it.
If the signatures have been witnessed, and the OP can prove they were not present, the witness is in deep doggy doo.
One of the replies in the thread says that the debt will die with the mother. If the HOA continues to believe that the OP is co-owner that will not happen as the OP will remain jointly liable for the debt.
Hopefully some kind of agreement can be found, but I appreciate it is difficult for the OP as some of the options could involve taking their own mother to court - not a nice thought.

[1950bing Senior Member Find all posts View Profile Close 1950bing]

When one is considering the purchase of a timeshare the last last thing they are thinking about is what to do when the time comes that it is no longer needed.With legal contracts, the law of the land will be used to the letter.
The OPs situation is not of the norm but it does reflect one the many pitfalls of legal ownership of a timeshare.
When buying a timeshare I think all of the unsigned paper work be presented to a lawyer with knowledge of timeshares to cover all aspects of the contract to include what to do at users end. Divorce, death, bad health, passing it down to family members,etc. This must be thought through!!
If the deal is good today it will be the same tomorrow. Do not fall for, " The deal is only good for today."
At a sales pitch it is all one sided " we have everything covered ." ( Do it our way .)
The above is reason to please be careful when thinking about timeshares. It is not as simple as cancelling hotel reservations and getting your money back.
It is far better to purchase on the second market but by the time one becomes aware of places like this it is too late,too bad.

[T. R. Oglodyte Moderator Find all posts View Profile Close T. R. Oglodyte]

Just revisited this thread and I'm tried to reapproach it with a fresh perspective.

It still seems to me that the key issue is that the son's name is on the title. Based on the discussion that is really the only "mistake". Remove the son's name from the title and the problem with the resort goes away. As long as the son's name is on the title, the son is appropriately considered to have the rights, privileges, and obligations of owning that particular piece of real estate.

If the son's name is on the title incorrectly it is up to the mother to fix that. If she is unable or unwilling, then it's the son's responsibility to do what is necessary.

Unless the resort was complicit in putting the son's name on the title illegitimately, I don't see any reason for the resort to be responsible for clearing the title.

[Carolinian Super Moderator Find all posts View Profile Close Carolinian]

As to future responsibility, a quitclaim deed to his mother should cure the immediate problem.

Then, in her will, she can leave it to a charity. That way it will not pass to her son. Or, she can will it to the political party she does not care for. Or will it to a sovereign country as far away as possible, such as Bhutan, which will have sovereign immunity from the debt.

She might even call the resort and tell them they have one last chance at a deedback. Otherwise, she will leave it in her will to the current King of Bhutan and let them try to do ANTHING then. He will even have sovereign immunity from foreclosure!

The approach taken by the resort here reminds me of the old saying - ''Don't confuse me with facts; my mind is made up!''

[khun hunter Junior Member Find all posts View Profile Close khun hunter]

If the facts are as you state then you are a victim, you did not sign the contract and the fact that the signature on the contract is not in your handwriting should prove that.
However, you will be forced to take these actions, sue your mother claiming that your name was entered on the contract without you knowledge or consent. But no court is going to impose criminal sanctions against her given her age, health and the fact that she did not intend to defraud or gain financially by entering your name on the contract. 2. have your mother declare bankruptcy if she is in the dire financial straits that you say she will not have any trouble getting the bankruptcy judgement I recommend BK7 that offers her the maximum protection against debtors, she will be able to protect her home (if she owns one) and other assets that way and the HOA will not be able to proceed against her. 3. using the judgement you can have your name removed from the contract legally and the HOA will not be able to proceed against you. You will need a "real estate" attorney to do this, because it is too complicated for the layperson to do.
In the meantime, you can contact the HOA, and let them know what you are about to do, offer them the timeshare back and see how they respond. You appear to be the vicitm of "bad lawyering" this shouldn't be that tough for a competent lawyer to do. The HOA will soon come to the inevitable conclusion that you can't get blood out of a rock and that their best alternative is to accept the timeshare back and perhaps a small reduced amount towards the assessment/maintenance fees. It will take about one year maybe less but in the end the HOA will relent and let you both go.
Once the HOA has taken the deed back for the timeshare and or you have a judgement stating that you were a victim of fraud, albeit with the best of intentions, you can dispute any "dings" on your credit, in fact you can present the judgement to your bank as proof and they will take that into account. This is NOT that unusual, believe it or not and should be easier to fix than if you had COSIGNED on the contract, which would make this alot more difficult. A good lawyer should be able to shop the judicial districts, judges to find one that is sympathetic to your plight. You may however have to file the suit in the state and district where the contract and deed were filed.
In closing this is a little sticky but really not that tough to unravel, the courts have, in many places seen this sort of thing before and are sympathetic to scams that take advantage of the elderly and unaware. And as you state you never knew about the contract, never used the product and therefore never gained any use of it.

[charlie_m Member Find all posts View Profile Close charlie_m]

When one is considering the purchase of a timeshare the last last thing they are thinking about is what to do when the time comes that it is no longer needed.With legal contracts, the law of the land will be used to the letter.
The OPs situation is not of the norm but it does reflect one the many pitfalls of legal ownership of a timeshare.
When buying a timeshare I think all of the unsigned paper work be presented to a lawyer with knowledge of timeshares to cover all aspects of the contract to include what to do at users end. Divorce, death, bad health, passing it down to family members,etc. This must be thought through!!
If the deal is good today it will be the same tomorrow. Do not fall for, " The deal is only good for today."
At a sales pitch it is all one sided " we have everything covered ." ( Do it our way .)
The above is reason to please be careful when thinking about timeshares. It is not as simple as cancelling hotel reservations and getting your money back.
It is far better to purchase on the second market but by the time one becomes aware of places like this it is too late,too bad.

AGREED! Any deal on the table today will surely be accepted later. These guys are hungry for business and will take it any way they can. They're just trying to get you with the fresh new timeshare smell.....