U S Property Laws.

[Vena Junior Member Find all posts View Profile Close Vena]

I bought my a ts in Fort Lauderdale 11yrs ago and was told at the time that if I don't keep up with maintenance fees they'll take it back and sell it which was fair enough.
In 2006 they added a referbishment fee of $1500 dollars and added that to the mentenance fee. Anyway I became critically ill and couldn't work for several months (self-employed). I tried to hand back the deeds but they wouldn't accept it back; why? I don't know. Now there's last year's fee and this year's which has put the ownership in arrears.

Does anyone know what they can do to me eg sell my house, prison etc? I need to know because I've been reasoning that they can't do anything since they're there and I'm here but it seems the U S property laws are different. So now I need advice and information before I let a bad situation continue to worsen. There's a lot more to this horror story but I have to tackle it a bit at a time.
Cheers.

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

They can sue you for the debts you owe the homeowner association at the timeshare resort. Once they get a judgment against you they can seek assistance from the court to collect the debt. Depending on the state you live in, there will be certain property you own that would be exempt from the judgment collection. You would need to speak with an attorney where you live who specializes in debtor-creditor law to understand your rights and the impact of a potential judgment against you.

[Vena Junior Member Find all posts View Profile Close Vena]

Thanks mshatty. I suppose I knew that much. What I need to know is - what if I refuse to pay the debt because I think it's unfair and I just don't have it? I mean, nothing was said at the time about refusing to take it and that we're stuck with paying maintenance to time indefinite whether we get to use our week or not. Nor were we given the opportunity to read the barely legible fine print. And what happens when I die? I don't want that millstone round my kid's necks. I think it's totally one-sided. Also, do they have to tell me when they take it to court so I can arrange to be there?

You're right; I need a laywer. The only thing is it'll mean a loan either way. What makes me hisitate is that even if I pay this it will continue since I can't GIVE the ownership away - therefore I'll be paying forever.

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

You need to pay up. i

Thanks mshatty. I suppose I knew that much. What I need to know is - what if I refuse to pay the debt because I think it's unfair and I just don't have it? I mean, nothing was said at the time about refusing to take it and that we're stuck with paying maintenance to time indefinite whether we get to use our week or not. Nor were we given the opportunity to read the barely legible fine print. And what happens when I die? I don't want that millstone round my kid's necks. I think it's totally one-sided. Also, do they have to tell me when they take it to court so I can arrange to be there?

You're right; I need a laywer. The only thing is it'll mean a loan either way. What makes me hisitate is that even if I pay this it will continue since I can't GIVE the ownership away - therefore I'll be paying forever.

It is too bad that you have had problems. No one wishes that on anyone. But it does not relieve you of the responsibility of ownership.

There is no question - you own the property and you owe the assessed fees. Thats what you agreed to when you purchased. On the other hand it is unlikely there was any written (the key point) agreement that the resort (really the other owners) would take back your week if you tired of it or couldn't pay. Some resorts do - usually only if the fees are current - as it is cheaper than foreclosure. But it is not required. So get the fees current and then se if they will accept it back. if not - sell it or give it away just as long as you no longer hold the deed so you are no longer responsible for the fees. It will be hard to impossible to sell or give away with past due fees on it.

[Glitter Brunello Super Moderator Find all posts View Profile Close Glitter Brunello]

I hope we don't hear about how a Timeshare Relief type scam company comes to your rescue. They will ask you for money up front to relieve you of your problem.

If it were me, I'd figure out a way to get the back fees paid, then sell it on ebay for $1 an be done with it. You don't need to pay the current year's Maintenance Fees, you should be able to get the buyer to do that, or if they are late, you should pay them and get the buyer to reimburse (that is fairly standard).

Whatever you do, don't give anyone $ to take it off your hands, there are unfortunately several companies ready and willing to take advantage of buyers who have already been lied to by the timeshare salespeople.

eta: what resort/week do you own? It may be worth renting, or have a value once the fees are brought up to date, depends on what you have.

[Vena Junior Member Find all posts View Profile Close Vena]

Thank you both timeos2 and Glitter Brunello for you very informative replies; you are both soooo right.

Actually, I didn't knowingly agree to that at all; I think it's preposterous! Also I have tried to give it away minus fees which I would pay before handing it over to anyone.

Glitter Brunello, I so wish I'd discovered you before now. Did you notice that I have said that there is so much more to my horror story, but that I'm dealing with it a bit at a time?
I parted with £9000.00 to DWVC to take it off my hands. They said the resort won't take it from me but will from them.... that's when there was just a small amount outstanding on it. Now, 18 months later I find that they haven't contacted the resort with this info so they're still writing to me re the balance. Now I can't contact DWVC; all the e-mail address and phone numbers are no longer in service.

Last night when I laid there unable to sleep and racking my brain, it occurred to me that there must be a forum like this out there. This morning I searched and found this excellent forum.
By-the-way, did I say that I live in England? I'm from a town near Cambridge. That makes it more difficult to communicate properly since each time I telephone they tell me taht the person who would deal with this is off today and so on.

[Glitter Brunello Super Moderator Find all posts View Profile Close Glitter Brunello]

Mike, do you have an idea of whether the US courts would have jurisdiction with respect to any of OPs property in the UK? Would that depend on the contract language? And even if the contract provides for jurisdiction, wouldn't the courts in the UK have to enforce any judgment?

Not asking for a legal opinion, of course, but wondering if, as a practical matter, the resort might be more likely to decide to let it go...

Vena,

Do you own any other property in the US? Also, did you really pay NINE THOUSAND POUNDS to have it taken off your hands, or did you mean to write Nine Hundred?

[Vena Junior Member Find all posts View Profile Close Vena]

Yes I did. I had to take out a loan though. It was attached to a cash back scheme. If, in 3 and a half years time, I adhere to their very exacting conditions, I'm supposed to get cash back on this deal, but I wasn't holding my breath since they can renege on the agreement on a technicality. But, at least I would have got shot of the timeshare in Ft Lauderdale. I signed a form saying, ' I irrevocably relinquish any interest in this property' and gave them the deeds. I thought it was worth it just for that. Now I find that even that isn't the case; the resort doesn’t seem to recognise the transfer.

[Vena Junior Member Find all posts View Profile Close Vena]

I forgot to add, No, I don't own any other property in the US, I've only visited a few times.

[Glitter Brunello Super Moderator Find all posts View Profile Close Glitter Brunello]

Wow, this definitely belongs here in the Timeshare Horror Stories forum, I am sorry you've gotten so taken advantage of.

If I am reading this correctly, you only owe 2007 and 2008 Maintenance fees at this point, correct?

If you could get current on the payments, is there any way you'd possibly to be use the vacations, if you were able to trade your week for somewhere else you'd like to go? We can surely help you learn to maximize your ownership. Otherwise, I know it seems like throwing good money after bad, but if you can get your fees current, you should be able to unload it, and depending on what week/resort you own, it may be worth something (not a lot, but something).

[Vena Junior Member Find all posts View Profile Close Vena]

Thanks Glitter Brunello, although when I said in my earlier post that I couldn't give it away, I didn't mean I wasn't willing to; I meant -you can't even GIVE it away, let alone sell it. Believe me, I tried!

You're right that I owe maintenance for 2007 & 2008 but that has acrued interest and there was a small part of the assessment fee outstanding. I wonder why they didn't want it back at the end of 2006 when I tried to inform them of my intention to hand it back in time for 2007. At that time everything was bang up to date; In January '06 Ipaid the maintenance as usual and had undertaken to make monthly payments for the assessment. I had paid January to October with only November and December remaining. I wanted to hand it back before we got into 2007 when it would have been fully up-to-date.

DWVC, the bogus company, told us that reson they didn't let us hand it back to them is that the bottom has fallen out of the TS market. In 1997 when I purchaed it, they would have just taken it back as they told us at the time but now even they're finding it hard to sell these weeks.

If I had known how bad it could get I certainly would have done things differently - that's why I'm gathering as much information as possible before making my next move.

[Glitter Brunello Super Moderator Find all posts View Profile Close Glitter Brunello]

Thanks Glitter Brunello, although when I said in my earlier post that I couldn't give it away, I didn't mean I wasn't willing to; I meant -you can't even GIVE it away, let alone sell it. Believe me, I tried!

You're right that I owe maintenance for 2007 & 2008 but that has acrued interest and there was a small part of the assessment fee outstanding. I wonder why they didn't want it back at the end of 2006 when I tried to inform them of my intention to hand it back in time for 2007. At that time everything was bang up to date; In January '06 Ipaid the maintenance as usual and had undertaken to make monthly payments for the assessment. I had paid January to October with only November and December remaining. I wanted to hand it back before we got into 2007 when it would have been fully up-to-date.

DWVC, the bogus company, told us that reson they didn't let us hand it back to them is that the bottom has fallen out of the TS market. In 1997 when I purchaed it, they would have just taken it back as they told us at the time but now even they're finding it hard to sell these weeks.

If I had known how bad it could get I certainly would have done things differently - that's why I'm gathering as much information as possible before making my next move.

Is there some reason you are avoiding telling us the resort/week? Just because you couldn't get the resort to take it back, doesn't mean you couldn't give it away by donating it, or selling it on ebay for $1.

If it is a hurricane season week at a mediocre resort, then I agree it may be troublesome.

[Vena Junior Member Find all posts View Profile Close Vena]

Ten years ago I was the most open and trusting person imaginable. After my experiences with all these sales people and their companies, I’m afraid I’ve grown a little cynical. I’m not sure who’s out there. I wonder how the company got our details and knew that we’d jump at the chance when they lured us to their temporary offices on the pretence that they would buy our timeshare. Maybe they lurked around on line. Now I feel bad for being so distrustful.
It’s week 10 at Ft Lauderdale. Beach Resort. It’s a large unit and when we deposit it we use the lock off option and receive 2 weeks in return. As I’ve mentioned, the resort has recently been refurbished and it coincides with Fleet week. The only time we stayed there it was quite good, with Orlando up the road and Miami down the road as it were. We don’t use it because I look after a family member who has great difficulty travelling; a long flight would be out of the question.
Sorry for the delays in replyng. I've been cooking and serving dinner. It's just past 8.00pm here.

[Vena Junior Member Find all posts View Profile Close Vena]

I have to dash off to rehearsals now but will look in again when I return. Many thanks.

[Bill4728 Super Moderator Find all posts View Profile Close Bill4728]

Generally, many resorts will not take back units. If you don't pay the MFs and special assesments the resort will try and collect from you based on general threats to your credit.

Based on this "I bought my a ts in Fort Lauderdale 11yrs ago and was told at the time that if I don't keep up with maintenance fees they'll take it back and sell it which was fair enough." I'd tell them that they said I could deed back the TS and the HOA would accept it. Thereby I don't owe them the fees but I do owe them the TS which I am ready to deed back to them.

Good Luck