Giving me a week at Christmas Mountain

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

I have a friend who wants to get out from under their week at Christmas Mountain Village Bluegreen resort. It is a red time two BR villa. After looking through this forum I have more questions than answers though. How do we transfer? Do we have to pay $475 to Bluegreen? Can't we simply file a quitclaim deed and WI Real Estate Transfer Return?

I also have questions regarding what we'd own. It sounded to me like we'd have a red week with a twelve month window to reserve. Would I be part of the BG vacation club too? I'm not aware of any BG point value, though they did tell me the RCI point value.

We'd generally use the week at the home resort anyway.

I already own at an RCI points resort in Kissimmee and a Marriott week in Orlando, but this is a new thing for me.

[BocaBum99 Super Moderator Find all posts View Profile Close BocaBum99]

Most of what we discuss in this forum are Bluegreen Vacation Club points. It appears you are talking about a fixed/flex week at Christmas Mountain Village. If you are talking about a fixed/flex week, then a warranty deed needs to be drafted where the owner grants you their ownership. Then, you pay a resort transfer fee of about $100 to Bluegreen to put it into your name.

Quit claim deeds are NOT for transferring ownership. Quit claims are typically for quieting title when their is an unclear chain of title. You want a warranty or special warranty deed.

A quit claim deed can transfer title to you, but that's like using a screwdriver to hammer in a nail. It will work if it must, but it's not what you should use.

[rapmarks Moderator Find all posts View Profile Close rapmarks]

we used a quit claim deed when we purchased our timeshares in 1991 and have never had any problem.
Is that 2 bedroom villa fixed summer week, or is it a flex week. If that is a summer week, it has to be a good trader, but a lot of shoulder weeks are red, and not as good.

[BocaBum99 Super Moderator Find all posts View Profile Close BocaBum99]

we used a quit claim deed when we purchased our timeshares in 1991 and have never had any problem.
Is that 2 bedroom villa fixed summer week, or is it a flex week. If that is a summer week, it has to be a good trader, but a lot of shoulder weeks are red, and not as good.

Sure, you can write up a deed on the back of a napkin and go to the town square and shout out the new ownership like they used to do a couple hundred years ago to transfer title. If there are no title disputes, it doesn't matter.

You want a Warranty Deed or a Special Warranty Deed to protect yourself against an unclear chain of title.

The same is true for purchase agreements. You can write a 3 sentence agreement. And if all goes well, there are no problems. But, if something does go wrong, you will wish you had an agreement that protected your rights. Same is true with the right type of deed to transfer ownership rights.

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

Is that 2 bedroom villa fixed summer week, or is it a flex week. If that is a summer week, it has to be a good trader, but a lot of shoulder weeks are red, and not as good.

If you have a September through May flex week, you can also trade Christmas week or February ski time. They should trade rather well, but not as good as summer.

To determine what you have, look at the deed your benefactor has on the unit/week. If you are not sure what it means, give us a quate from the deed and ask us what it means.

Charles

[rapmarks Moderator Find all posts View Profile Close rapmarks]

boca bum, it is my fondest wish that the people who signed the quit claim deed would want their weeks back and i could start over again, no such luck. We called the resort and the county seat before we took the weeks back in 1991.

[BocaBum99 Super Moderator Find all posts View Profile Close BocaBum99]

boca bum, it is my fondest wish that the people who signed the quit claim deed would want their weeks back and i could start over again, no such luck. We called the resort and the county seat before we took the weeks back in 1991.

That's a different question. If someone quit claims a deed to you without your knowledge, it can be fought in court. You must acknowledge that you wanted the timeshare in some way. Otherwise, it would be very easy to quit claim a timeshare to anyone in the phone book and saddle them with future maintenance fees and back taxes.

If you didn't want the unit from Christmas Mountain Village and didn't know it was being transferred to you, you can fight it and the original owners must take it back. But, what probably happened is you paid the maintenance fees and taxes sometime between 1991 and now and therefore implictly acknowledged your acceptance of the title.

The Warranty Deed does the opposite. It it an explicit warranty by the grantor that they had legal and clear title to the property before transferring it to you. So, if there were a title dispute from a prior owner, then the grantor must defend all title claims against that property.

A general warranty deed protects against all prior claims and all owners who ever owned the property. A special warranty deed is a warranty against title defects during the time of ownership of the grantor.

A Quit claim quiets title. For instance, let's say a husband and wife owns a property together and they get divorced and remarried. The divorce settlement says that the wife gets the timeshare. All the husband needs to do is record a quit claim deed by saying that he no longer claims title to the timeshare. So, when the wife wants to sell the timeshare in the future when a title search is done, it doesn't show that the husband and his estate stilll has an ownership claim in that property.

If the wife quit claims the timeshare to a new grantee and the husband never quit claims it in the first place, there could be a title dispute in the future. Let's say the husband passes and the children inherit the estate. The timeshare that isn't transferred properly now appears to be owned by the children of the husband. They then claim part ownership of the timeshare. The new buyer who has no warranty deed must defend themselves against that claim by themselves with no help from wife since she quit claimed it to the current owner. If that owner had a warranty deed, they must correct it.

This becomes problem when the current owner wants to sell. They find a buyer. That buyer wants title insurance on the timeshare. The title search shows 2 sets of owners. This sale is tied up because their is not clear title and the husband who originally held the title is deceased. This ties up the transfer for months. The buyer says forget it and moves on. The current owner is stuck with a timeshare with a title defect.

This is a rare case. But, it can happen. Why risk it when all you need to do is prepare a warranty deed or a special warranty deed?

[funtime2 Senior Member Find all posts View Profile Close funtime2]

Boca ~ you did a great job explaining that.... something simular happened to me when I was trying to buy a rental property. It was a bank repo and one deed overlapped the property deed I was trying to buy. To make a long story short the property was pulled from the market. It has been over 6 months and the deed still has not been settled/cleared.

[rapmarks Moderator Find all posts View Profile Close rapmarks]

I think you misunderstood me. I have had no trouble with a quit claim deed. The previous owners are not trying to take it back. I said i wish they did. I bought it off of them and took a quit claim deed, after doing due diligence. I had no closing costs . The guy is getting a free week. there is not much danger in a quit claim deed.

I will tell you the only trouble I have ever had with a deed - and that was caused by Bluegreen corporate. We bought a lot in their subdivision from the person they sold the lot to. We went through the title search and got the deed, registered it, paid taxes, etc. The guy had owed over a thousand dollars in maintenance fees to Bluegreen. The title company sent them a check at closing. That was in august. In june I called bluegreen because I never got the new maintenance fee statement. they claimed I didn't own the lot. They said the guy I bought it from didn't own it. they had put the thousand dollar check in a drawer and never cashed it. Now the title company produced the title which Bluegreen had given in the seller's name. he did own the lot, someone at Bluegreen had put a different first name on their records, same last name. Of course the supervisor was pretty upset that their employee and simply put a thousand dollar check in a drawer and had never looked into the matter at all.

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

Thank you

Thanks for the replies. I've downloaded a copy of the warranty deed and forwarded it to my friends. It is indeed a summer week. They typically reserved it for 4th of July week. Not sure whether we or they will be making the 2010 reservation this summer. Guess that'll depend on how fast we can wrap things up. Since that one's local and summer it'll probably be used locally and we'll let our other weeks be traders.

Happy Easter

[rapmarks Moderator Find all posts View Profile Close rapmarks]

If they are getting the 4th of July week in the villas, that is a great week and you will really enjoy it.