Holiday Group nightmare

[4ARedOctober Super Moderator Find all posts View Profile Close 4ARedOctober]

Hi y'all,

Yikes...in 2009 I purchased a 3BR EOY at Grand Pacific Palisades in Carlsbad from Holiday Group. They screwed the purchase up completely and I told them I did not want it. Unfortunately it was recorded in my name. They said they were transferring it back into their name as I had sent them a notarized Quit Claim Deed in October of 2009.

Well in December of 2009 I got the maint fee bill from GPP. I contacted Holiday and they told me they would pay all fees and transfer the deed. Well they paid the maint fees but never recorded the ownership in their name.

So surprise surprise surprise...I get the 2011 maint fee bill from GPP. Now as you all know Holiday is out of business.

And the original notarized QCD is floating out there somewhere.....

Any advice? Can I cancel that QCD somehow with the recorder and just take possession? I will take over the timeshare as long as I know it is not going to be pulled out from under me after I pay the maint fees.

Does GPP have me over a barrel since my name is on the ownership? I also own other units with them so they can always hold those hostage if I dispute this one.

Is there some process to do this?

Thanks.

John

[GrayFal Silver Contributor and supermoderator Find all posts View Profile Close GrayFal]

I have nothing to say but YIKES!
I know you enjoy this resort group so hope the ownership can work for you - maybe member rikkis_playpen can help?

[lawren2 Malibu Beach Barbie & A Super Moderator Find all posts View Profile Close lawren2]

this is not good and I know the GPR MFs are QUITE high. Good Luck 4A.

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

Doesn't sound like it's ever gonna get recorded.
If it did, what would be the worst thing that could happen?
Someone would take if off your hands?

In the meantime you could use it, exchange it and if for some reason Holiday resurrected and recorded it, then you would have had free use of the unit, no?
I'd probably not pay the MF's til close to the time to use it or deposit it.

Did they refund you your money for the purchase?
If you got this for free, then I probably wouldn't sell it but give it away in case something happened down the line.

I'm not a lawyer or anything so you might want to ask a lawyer an opinion.

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

Can you check in San Diego County's records and see if your name is still shown as owner?

[GrayFal Silver Contributor and supermoderator Find all posts View Profile Close GrayFal]

Can you check in San Diego County's records and see if your name is still shown as owner?

That is a good point because if the resort has you listed as the owner and the county still has you listed as the owner it would mean that your QCD was never recorded with the county and you ARE the owner.

[rikkis_playpen Diamond Club Contributor Find all posts View Profile Close rikkis_playpen]

I'm afraid that this one is way beyond my experience.. Sorry... I have asked someone else to respond here, so perhaps they'll be able to shed light..

I would recommend the following:
Check with the San Diego clerk to see the latest deed recorded for this interval. Also, contact the assessor and tax collector to discover if the tax rolls were also updated and to ensure that there are no outstanding taxes due on the ownership.. With all the personnel changes during Holiday's death throes- you simply don't want to assume that any transfers were done correctly.

If the ownership is now in your name, but you have not paid any fees or otherwise acknowledged ownership- your questions will be if there is a legal process where you can either decline acceptance of the transfer to you, or if there is a way to invalidate the quit claim that has not yet been recorded removing the ownership from your name.

Likely, that deed is a two page deed- with the executed signature appearing on a distinct page from the grantor/grantee. Even with Holiday out of business, it is not impossible to think that some new entity could have taken over their "files" and may soon swap out that first page to "sell" the ownership to a third party.

At the end before the movers came- Holiday was rumored to be sending inventory lists out to resellers to try and capture any money still left on the table from the failed business.

Hopefully, you'll get a more educated response to this issue than I can provide. Please keep us informed..

[rikkis_playpen Diamond Club Contributor Find all posts View Profile Close rikkis_playpen]

I've confirmed that there are some states that will automatically invalidate a deed of gift, if after a specific period of time it has not been recorded.

Google a California real estate attorney, and then ask if there is a similar law in that state. You might also be able to get an answer from Intercity Escrow, part of Stewart Title. That office is based out of California.

The attorney is probably your best bet, though- as they other questions are probably outside the scope of a title company.