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Re: What happens if you just stop PAYING?

ken1193 wrote: With all due respect Joe, I believe that you have already received exactly such input spelled out for you in some detail. Have you actually read through all of the posts? In short summary (offered as my FINAL input to this particular thread): 1. You haven't indicated in either post if you have contacted the resort directly (in writing) to formally inquire if you can negotiate a "deedback". Probably not, but have you even asked or tried? 2. Absent resolution of the matter via item 1, the matter of your unpaid fees will ultimately be turned over to collections, probably to a third party collection agency. 3. If collection efforts yield no payment results or acceptable arrangements for same, you will simply be foreclosed upon. That foreclosure will, in all likelihood, ultimately appear as a less than stellar entry on your credit rating / report. Those effecting the actual foreclosure will see to that, as the foreclosure process involves expenditure of time, effort and incurring legal expenses by the resort. There is not much more to it than that (assuming that there is no unpaid loan involved). You have a contractual obligation from which you cannot just unilaterally stroll away without enduring the legal consequences. Whether or not you see those inevitable legal consequences as ominous or daunting or troublesome to you is a matter for your own introspection. In any case, I wish you well. Like Jayjay, I agree 100% with what Ken has said above. Ken succinctly stated in a few words what I was saying to Joseph and others who are having trouble selling their timeshare. There are consequences to not paying the maintenance fees but one does not have to endure "hounding" from collectors. It is difficult to explain the difference between an "in rem" obligation (maintenance fee) and a "personal obligation" (home loan, car loan) to a non-lawyer and this concept is especially difficult for Jayjay (based on her responses to my earlier advice to Joseph) to understand. These debts are not the same no matter how many "experts" on "TUG" have declared them to be the same. Certainly one can and will lose his/her timeshare if the MFs are not paid and that is because we all purchased our timeshares subject to the declaration on file that provided for such action. On one timeshare I sold the resort asked for a signed acknowledgment from my buyer that he understood he was responsible for the MFs. I handled the closing and provided the resort a copy of the sales contract and the deed but I did not provide a copy of anything signed by the buyer acknowleging the MFs. The resort changed their ownership records anyway. They had no choice. Jayjay you say you owned 9 timeshares at various times. I suspect you are a meticulous record keeper and I challenge you to go back through those records and find a document where you specifically signed a document on the "dotted line" obligating yourself personally to pay the maintenance fees. I have purchased several timeshares resale and have never signed such an agreement and none is to be found among my timeshare records. My deeds all refer to a declaration on file and reference to the declaration assures me I will lose the timeshares if I fail to pay the maintenance fees. I have always paid my MFs and will never advice anyone - I am not a financial advisor - to default on their MFs. I have and will continue to provide advice to those who cannot pay their fees and have been unable to sell or give away their timeshare. Most personal bankruptcies are filed due to medical expenses often in the seven figure range. None of us, including Jayjay, can definitely say that we will never experience a catastrophic illness that will not destroy us financially.