Report Abuse

Re: What happens if you just stop PAYING?

JayJay: I acknowledge your viewpoint and I'm not looking to take sides and /or unilaterally determine right and wrong here. I completely agree with you regarding the issues of personal responsibility and accountability. No one has any right or option to just "quit" a lawful, contractual responsibility as if it was a 30 day gym membership. Believe me, as a timeshare owner of multiple weeks over several decades, I have little use for those who shirk their ownership responsibilities, thereby placing an unwelcome, additional financial burden onto the shoulders of those owners who DO accept and meet their personal financial responsibilities. That all said, it seems to me (...and maybe I'm mistaken) that Carvana was offering suggestions primarily intended to help a financially distressed owner persuade a resort to consider deedback in lieu of foreclosure, due to (presumably dire) owner financial circumstances (i.e., not just "I'd like to just walk away from this legal responsibility now, because it has become inconvenient for me"). The suggestion of including an offer to pay money toward effecting the deedback process seems to include at least SOME measure of good faith, no? To be clear, although I am aware of numerous resorts which will accept deedbacks in lieu of foreclosure (if it's not multiple year debt), I DON'T actually support that approach. I DO support vigorous and energetic collection efforts. However, I also acknowledge that federal law provides for a limitation on the assault of overly aggressive or late night collection calls (...when that protection is overtly invoked by the debtor, who will STILL remain the same full fledged, delinquent debtor, regardless of any reduction in phone collection efforts). An alternative approach that I actually like better is one employed by a certain RCI Points facility located in Texas (although I probably should not provide the resort identification). At that particular facility, as soon as maintenance fees become in arrears, the owner is promptly locked out and foreclosure promptly begins. One attorney / law firm gets all the business at a reduced rate and they act swiftly and decisively. There is no owner there two years in arrears, because before "year two" of delinquency ever even arrives that owner has already become a FORMER owner and the week resold. The maintenance fees at this facility are, as one might expect, very low indeed --- since 98+ % of all ownership accounts are current at all times...