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-   -   Timeshare exit strategy (https://www.talkofthevillages.com/forums/villages-florida-non-villages-discussion-93/timeshare-exit-strategy-321367/)

Toymeister 07-06-2021 07:55 PM

Quote:

Originally Posted by Babubhat (Post 1969315)
There is likely nothing to dispute. The contract terms control.

And how many decades have you worked with contract disputes? More than four?

How many times have you appeared in Federal Court?

Babubhat 07-06-2021 07:58 PM

You are addressing an irrelevant topic. He can only delay the inevitable. Read up on timeshares. It’s a dirty business. Why they are so profitable.

Let him dispute it but don’t give him false hope of discharging the debt unless he is willing to spend a lot on legal fees.

retiredguy123 07-06-2021 08:03 PM

Quote:

Originally Posted by Babubhat (Post 1969345)
I would expect so. If the timeshare has no value the lien is of no value. That’s the timeshare catch. They want the property and the fees. That fellow based in Vegas has created an empire on foreclosed property.

In sum they would like you to pay them to take the timeshare back.

I agree. But, because the lien has no value, they hire a collection agency, and if you don't pay, they can ruin your credit rating, or even sue you and seize your assets.

Babubhat 07-06-2021 08:06 PM

The other fellow here seems to know more than we do. Timeshare lawyers have perfected their contracts over decades. Good luck trying to find an out without spending a tidy sum in legal fees

Can a Timeshare Be Foreclosed for Nonpayment of Fees or Assessments? | Nolo

Laurawilcox 07-06-2021 08:58 PM

The way they are getting rid of their timeshares
 
Thank you for your responses, I had seen something before but your suggestions prodded me to look again. If you go to eBay and put your timeshare name in to both current auctions and advanced/sold, you will see many selling. Here is what the brokers are doing and we can likely do it ourselves. The owner pays a year of maintenance fees and closing costs. These have multiple bids like up to a whopping $18. Maybe $150. May be worth trying.

jimkerr 07-07-2021 05:46 AM

You need to pay what you owe then sell it. Timeshares are a huge waste of money.

Girlcopper 07-07-2021 06:06 AM

Quote:

Originally Posted by oldobiwan (Post 1969250)
There was a Special Assessment on our timeshare in Jan '21 for several thousands which I did not pay. The "debt" was turned over to a collection agency which tacked on an additional $1,500 to the original amount. I have 30 days to dispute the validity of the debt.
I understand the Homestead, pension protections, etc. in FL
If I walk away, what are the likely consequences?
If I need to "lawyer-up," any recommendations?
Any suggestions for an exit "strategy?"

Pay it like youre supposed to then try n sell it

jimbomaybe 07-07-2021 06:07 AM

Time Shares are just a rip off, decades ago I went to one of those events where you are promised a TV for just attending and hearing the presentation. I listened to their BS. after I asked a lot of questions nobody at our table wanted to buy, needles to say I never got the TV.

bowlingal 07-07-2021 06:19 AM

I gave mine back to the timeshare company . It was impossible to sell.

rlcooper70 07-07-2021 06:23 AM

One option is to tell the collection agency that you don't give a hoot about their efforts and that you will never again need credit so you don't care what they do.

Then go to the credit rating agencies and lock your accounts. No one will be able to see your credit at that point. And you won't be able to get loans.

If that's the case then they will give up and you can walk.

allsport 07-07-2021 06:45 AM

Quote:

Originally Posted by Toymeister (Post 1969293)
Absolutely wrong. The only way to dispute a debt is to do it yourself (or an authorized agent), in writing, in a way that you can prove it. The Federal Courts have full faith in the Federal employees that deliver US Mail. Send it certified, return receipt required with signature, now you have proof. Does Credit Karma provide irrefutable evidence of delivery, absolutely not.

This is why bankers don't appear in Federal Court on contract disputes or defending the validity of your debt.

My husband was postal inspector and said you send 2, 1 certified and 1 regular. If they refuse the certified and the regular does not get returned unopened, you have all the documentation you need. I did it all the time when notifying fed employees about personnel issues they refused to respond to and it worked in court.

davbrindle 07-07-2021 06:46 AM

We had a timeshare on Maui, assessments went through the roof shortly after the purchase. Went to one of the many companies that guarantee they can get you out of the ownership. The one good thing they said was to not make any further payments; I never made another payment, was contacted numerous times pay Diamond Resorts regarding consequences. Contacted Hawaii attorney general’s office and was advised by them the Diamond Resorts was being investigated by them for unscrupulous business practices. Bottom line, I just walked away and it never effected my credit scores, I never had to go to court. I haven’t heard from them since 2017 and my life has moved on, granted I did take an initial financial hit but was better than the alternative.

rtinder 07-07-2021 06:58 AM

Quote:

Originally Posted by bowlingal (Post 1969413)
I gave mine back to the timeshare company . It was impossible to sell.

I did, too. After I stopped paying, we made a deal. They canceled the debt and I signed over the deed. No impact on my credit report.

retiredguy123 07-07-2021 07:01 AM

Quote:

Originally Posted by rlcooper70 (Post 1969414)
One option is to tell the collection agency that you don't give a hoot about their efforts and that you will never again need credit so you don't care what they do.

Then go to the credit rating agencies and lock your accounts. No one will be able to see your credit at that point. And you won't be able to get loans.

If that's the case then they will give up and you can walk.

It's not true that locking your credit will prevent everyone from seeing your credit report. Insurance companies, employers, landlords, and others use credit reports to determine their rates, who to hire, etc., and they can still see your credit report, even if it is locked.

Also, how do you know the collection agency or timeshare company won't sue you in court and try to seize assets that you own? If they get a court judgement, a lawyer can legally remove money from your financial accounts before you even know it is gone.

Travelhunter123 07-07-2021 07:02 AM

Quote:

Originally Posted by Toymeister (Post 1969266)
The very first thing that you do without delay is dispute the validity of the debt by certified mail. Keep your dispute and evidence of delivery forever. Keep the letter simple "I dispute the validity of this debt." If they fail to respond in 14 days (I believe), the debt is not valid

Next read the Fair Debt Collection Practices act (FDCPA). Fair Debt Collection Practices Act | Federal Trade Commission

Next read responses to this thread following mine.

Excellent advice


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