Closed
Buying, Renting, and Selling Timeshares

What happens if you just stop PAYING?

Nov 29, 2008

Does anyone have any experience of QUITTING a timeshare? Just up and stop paying any more annual fees? I own at Sheraton's Vistana Resort near Disney World, and I cannot sell or GIVE my timeshare away.( I've tried, many times, to give it away.) I don't want it, don't need it, and they don't care. It's all paid for. They are hounding me now every month, adding late fees, lockout charges, etc. and my 2008 week hasn't even come up yet. (It's December.) Any help or advice would be most appreciated.


Joseph B.

Last edited by marty8084 on Nov 29, 2008 10:57 PM

Nov 30, 2008

If you quit paying maintenance fees your week will go into foreclosure affecting your credit negatively.

Try to use it, trade it or sell it for $1 and offer to pay the closing fees .... that's about the best you can do to rid yourself or your albatross. Vistana is part of the Starwood Network, which is popular among many people depending on the week you own, however in this economy it will be hard to sell any timeshare.

Try perusing the different timeshare ad sites to see what a comparable Vistana week has sold for.

When you sign on the dotted line of any contract the terms must be met or there will be consequences.


R P.

Last edited by jayjay on Nov 30, 2008 08:23 AM

Nov 30, 2008

JosephB

You ask what happens if you ju'st stop paying your maintenance fees. You have partially answered your own question by saying "they are hounding me now every month, adding late fees, lockout charges, etc. and my (December) 2008 week hasn't even come up yet."

Your failure to pay causes other others to pick up the slack and this is not good for other timeshare owners but sometimes bad things happen to good people and payment is not possible. If that is your case, consider the following advice.

"Hounding" by collectors is against the law. You can put a stop to it and possibly even turn the tables on the collectors if they have violated Title 15 USC Section 1692(Fair Debt Collection Practices Act - FDCA). This federal consumer protection act allows you (section 812) to collect $1,000 for each violation and "such additional damages as the court may allow". Some collection agencies knowingly violate the law as a calculated risk. These collectors are hoping that you aren’t aware of your legal rights and that you will crack under the relentless pressure of their calls and pay them. I suspect you would have paid them if you could. You should not have to suffer from constant harassment. If the debt collector’s actions are violating the law you may recover damages as well as attorney fees.

I suggest you google FDCPA and determine whether the collection agencies are violating the collection laws with respect to calls after hours or to your place of employment. I suggest you, pursuant to the FDCPA, send a certified letter to the agencies telling them to stop sending collection letters and to stop calling you. Subsequent letters and calls after your "cease and desist" letter will each constitute a violation of the law by the agency. Each violation can result in a penalty of $1,000 imposed upon the agency.

You should check your credit reports and determine whether any negative reports have been made relative to the maintenance fees. The maintenance fee debt is not a personal obligation - that is, you never signed a contract promising to pay the annual maintenance fees when you purchased the time share. If there is a ding on your credit report for the failure to pay, you should dispute the ding and demand that the resort provide proof to the credit reporting agencies that you personally signed a promise to pay the maintenance fees. You did not sign such a promise and the ding should be removed from your report within 30 days (Federal Law) unless the resort can prove you are personally liable for the debt. The opportive words are "personally liable". I know from years of exposure to the collection industry that invalid dings are often placed on your credit report but again the Fair Credit Report Act, (FCRA, 15 USC section 1681, is there for your protection and you should rely upon it to get improper dings removed.

There was a declaration filed in the county deed records by the developer before the first timeshare was sold that allows the resort or the subsequent owner's association to collect annual maintenance fees and upon your failure to pay to impose late fees, lock you out, and to ultimately foreclose to recover the property. The resorts do not like to take the foreclosre action - it is expensive for them - but they will if you continue to ignore the maintenance fees.

I suggest you send a certified letter to the resort telling them your circumstances. If your failure to pay is the result of the loss of a job, a reduction in pay, the death of a spouse, a divorce, or any valid reason tell them. Tell them you do not plan to pay the past due or future maintenance fees and that you are willing to settle the matter by giving them a quit claim deed in lieu of a foreclosure. You might even offer to pay them a sum to be negotiated between you if they agree to end the matter with a deed back. You send this by certified mail - a phone call is a waste of time unless you are buying time and plan to pay the maintenance fees in the future - and you make it clear in your letter that a deed back is all you are willing to do. It would be helpful if this letter is signed by your attorney as that will usually get a quicker response.

There is a high probability the resort will sooner or later agree to the deed back. The worse thing that can happen is a foreclosure which will adversely impact your credit report and remain on there for 10 years as a legal action against you. The foreclosure is not in the financial best interest of the resort but they may refuse a deed back and follow through with the foresclosure as a business practice to discourage defaults.

A foreclosure on your record will be harmful and it will lower your credit score and result in higher interest rates on future home and auto loans as well as consumer debts in the future. The word timeshare has a negative connotation with many people and a future credit grantor may hear you out on why the foreclosure happened and extend grace to you because it was a timeshare you could not sell or give away. Certainly it is in your best interest and that of the resort to do the deed back.

I think my recommendations are valid based on years of experience but these recommendations are not offered as legal advice and you should not take any action relating to your timeshare situation without the advice of your personal attorney.


Carvan A.

Last edited by carvana on Nov 30, 2008 03:33 PM

Nov 30, 2008

Have you tried renting your timeshare to cover your cost?


Chris F.
Nov 30, 2008

The response from the long winded fellow coming up with solutions OTHER than getting rid of it should tell everyone thinking about buying a time share TO DROP TAIL AND RUN LIKE HELL! This is a nightmare and believe me, my father's friend who had several heart attacks, it did not make a difference to his time share company. Bottom line they are a blood-money sucking leach that want to ruin people financially. Just wait 'til all these people on this site find out after about five years that their points do not buy a week where they originally bought and that they have to wait over two years to make reservations anywhere in the world. Not even a night stay at a Motel 6! Time shares are a scam that the US Government is in on as they are collecting millions in tax revenue from these companies. Hence, the government is turning a blind eye to the financial abuse of the victims of such fraud. These are third world business practices.


Roxanne L.
Nov 30, 2008

What would happen if all the "owners" (now that word is a joke) committed anarchy and came after the CEOs of all these timeshares? I would throw a block party if they were hunted down one by one like Benito Mussolini and his mistress.


Roxanne L.
Nov 30, 2008

Joseph B, CEO, I have tried renting my timeshare out, giving it away and selling it with no luck just like everyone else.


Roxanne L.
Dec 01, 2008

roxannel15 rudely offers in part: >> The response from the long winded fellow coming up with solutions OTHER than getting rid of it...<< ===============================================

That "long winded" fellow to whom you make such dismissive reference voluntarily provided a clear, accurate and factual response to a specific inquiry (which, by the way, wasn't yours) in this forum. In essence, he voluntarily gave free, competent legal views for which one would have to pay dearly in an actual attorney consultation.

Clearly, you dislike timeshare and are obviously uninformed, bitter, and angry; apparently about an ownership of no value which you don't use or want but can't get rid of. We get that --- loud and clear, over and over again. That's fine, but don't then feel obligated to belittle and deride the well informed input of other people posting here for no other reason than to try to help others. Those people are not selling anything and they do NOT personally profit in ANY way from offering to others their own experience, knowledge and advice. Show (...or at least PRETEND to have...) a little bit of class. If you don't want or appreciate the input of others, feel free to just completely ignore it and move on --- without all the diatribe and drivel about fraud, government conspiracy, mafia, racketeering and other such nonsense.


KC

Last edited by ken1193 on Dec 01, 2008 08:03 AM

Dec 01, 2008

carvana wrote:
"Hounding" by collectors is against the law. You can put a stop to it and possibly even turn the tables on the collectors if they have violated Title 15 USC Section 1692(Fair Debt Collection Practices Act - FDCA). This federal consumer protection act allows you (section 812) to collect $1,000 for each violation and "such additional damages as the court may allow".

I definitely disagree with the above statement. When owners ignore a debt owed, then the resort has the right to hire a bill collecting agency to collect that debt. Failing to pay maintenance fees is a debt owed, no matter how you look at it, and the burden then falls to responsible owners who do pay their fees .... it's called 'personal responsibility' until the week can be given away or sold ..... sorry, that's just the way it is in the real world.

Quote:
You should not have to suffer from constant harassment. If the debt collector’s actions are violating the law you may recover damages as well as attorney fees.

If he had paid his debt, then he would not be forced to suffer constant harrassment. What if all owners did this? What would happen to a resort then?

Quote:
suggest you, pursuant to the FDCPA, send a certified letter to the agencies telling them to stop sending collection letters and to stop calling you.You should check your credit reports and determine whether any negative reports have been made relative to the maintenance fees.

Okay, I'll stop paying all my debts and do as you suggested above, relinquishing my personal responsibiltiy for debts I owe (I don't think so).

Quote:
maintenance fee debt is not a personal obligation - that is, you never signed a contract promising to pay the annual maintenance fees when you purchased the time share.

Of course he did when he signed on the dotted line, he signed to pay all obligations pertaining to that resort, same as a car payment, house payment, credit car payment .... try following the poster's advice above and see how far you get.

Quote:
there is a ding on your credit report for the failure to pay, you should dispute the ding and demand that the resort provide proof to the credit reporting agencies that you personally signed a promise to pay the maintenance fees.

Ballderdash .... are you a financial advisor that advises people to ignore they're owed debts. If would seem so .... again what if everyone did this?

Quote:
supportive words are "personally liable".

The supportive words are "personal responsibility".

Quote:
resorts do not like to take the foreclosre action - it is expensive for them - but they will if you continue to ignore the maintenance fees.

They do it all day, every day .... resorts retain an attorney for such purposes.

Quote:
I suggest you send a certified letter to the resort telling them your circumstances. If your failure to pay is the result of the loss of a job, a reduction in pay, the death of a spouse, a divorce, or any valid reason tell them.

They hear excuses like this on a daily basis from hundreds of deadbeats ..... in 99.9 percent of cases, it won't work. The overwhelming majority of resorts DO NOT take deedbacks in lieu of life's circumstances.

Quote:
Tell them you do not plan to pay the past due or future maintenance fees and that you are willing to settle the matter by giving them a quit claim deed in lieu of a foreclosure.

Maintenance fees are a resort's bread and butter. A quit claim deed won't work.

Quote:
It would be helpful if this letter is signed by your attorney as that will usually get a quicker response.

An attorney will have no influence whatsoever if a debt is owed, period.

Quote:
A foreclosure on your record will be harmful and it will lower your credit score and result in higher interest rates on future home and auto loans as well as consumer debts in the future.

Exactly, and that's what will happen if he quits paying his debt obligations.

Quote:
The word timeshare has a negative connotation with many people and a future credit grantor may hear you out on why the foreclosure happened and extend grace to you because it was a timeshare you could not sell or give away.

That doesn't have anything to do with the debt he owes, whether timeshare is a negative connotation or not. If this was the case, you would have millions and millions of timeshare owners doing the same to relinquish their 'personal responsibiltiy' to pay their timeshare debts. Used car salesmen also have a negative connotation, but that doesn't prevent a buyer from fulfilling his obligation to pay the loan taken out on a used car.

Quote:
I think my recommendations are valid based on years of experience but these recommendations are not offered as legal advice and you should not take any action relating to your timeshare situation without the advice of your personal attorney.

I'd like to know years of experience in what? Telling your clients to ignore their financial responsibities?

The matter of just quitting paying maintenance fees has been discussed adnausem on Tug and the overwhelming consensus is that maintenance fee debts are like any other debt (car, home, credit card) and the consequences are the exact same.

Again, what if all owners did what you suggest and bail from their financial obligations? You give the impression that just because it's a timeshare debt that it can be dropped with absolutely no consequences just because it's a timeshare. Do you even own a timeshare?


R P.
Dec 01, 2008

ken1193 wrote:
roxannel15 rudely offers in part: >> The response from the long winded fellow coming up with solutions OTHER than getting rid of it...<< ===============================================

That "long winded" fellow to whom you make such dismissive reference voluntarily provided a clear, accurate and factual response to a specific inquiry (which, by the way, wasn't yours) in this forum. In essence, he voluntarily gave free, competent legal views for which one would have to pay dearly in an actual attorney consultation.

Clearly, you dislike timeshare and are obviously uninformed, bitter, and angry; apparently about an ownership of no value which you don't use or want but can't get rid of. We get that --- loud and clear, over and over again. That's fine, but don't then feel obligated to belittle and deride the well informed input of other people posting here for no other reason than to try to help others. Those people are not selling anything and they do NOT personally profit in ANY way from offering to others their own experience, knowledge and advice. Show (...or at least PRETEND to have...) a little bit of class. If you don't want or appreciate the input of others, feel free to just completely ignore it and move on --- without all the diatribe and drivel about fraud, government conspiracy, mafia, racketeering and other such nonsense.

I didn't think roxanne's post was out of line at all or considered ranting and raving. The long winded poster gave (and has done so many times on this board) very bad advice. roxanne, told it like it was and she's 100 percent on the money.

One CANNOT ignore a debt without negative consequences, period.


R P.
Dec 01, 2008

ken, you, of all people, should realize that joseph was given very bad advice by the long winded poster who is evidently a financial advisor that tries to get people free from their owed debts.


R P.
Dec 01, 2008

There are a few resorts that will take deedbacks, but they are in the overwhelming vast minority.


R P.
Dec 01, 2008

jayjay wrote:
ken, you, of all people, should realize that joseph was given very bad advice by the long winded poster who is evidently a financial advisor that tries to get people free from their owed debts.

JayJay: I didn't (and I still don't) regard Carvana's input as having been offered or intended as advice on trying to evade personal responsibility for one's debt. Instead, I regarded (and I still regard) that input as merely that of an attorney (...my own assumption) addressing the consequences and aftermath of unpaid debt, yet making clear that (underlying debt responsibility notwithstanding) noone has to tolerate continuous pestering by collection entities under applicable provisions of federal law. Putting an end to harassing collection calls certainly does not in any way alter the existence or validity of the debt or somehow magically make it disappear --- and I don't believe that Carvana was or is actually suggesting otherwise at all. Perhaps Carvana will choose to weigh in and speak for himself regarding his intent, but that's how I interpreted the input.


KC

Last edited by ken1193 on Dec 01, 2008 10:21 AM

Dec 01, 2008

jayjay has stated: >> I didn't think roxanne's post was out of line at all or considered ranting and raving.<< ==============================================

Then we can certainly just agree to disagree... I have read (and /or provided) several well intended posts, corrections of grossly inaccurate statements, and factually informative replies to roxanne in recent days (mostly regarding Wyndham and RCI), all of which elicited only dismissive, hostile and/or irrelevant replies. Everyone is certainly entitled to freely express any opinion in an Internet discussion forum like this, regardless of how completely uninformed that particular opinion may be. Nonetheless, a modicum of civility and just some basic courtesy is not an unreasonable expectation or standard in the exchanges of input. Just my personal opinion...


KC

Last edited by ken1193 on Dec 01, 2008 10:43 AM

Dec 01, 2008

ken1193 wrote:
I regarded (and I still regard) that input as merely that of an attorney (...my own assumption) addressing the consequences and aftermath of unpaid debt, yet making clear that (underlying debt responsibility notwithstanding) noone has to tolerate continuous pestering by collection entities under applicable provisions of federal law. Putting an end to harassing collection calls certainly does not in any way alter the existence or validity of the debt or somehow magically make it disappear --- and I don't believe that Carvana was or is actually suggesting otherwise at all. Perhaps Carvana will choose to weigh in and speak for himself regarding his intent, but that's how I interpreted the input.

Ken, okay, let's take your owned timeshares as an example (I believe you own several weeks). What if owners just quit paying maintenance fees due to carvana's advice (except you and other owners that paid their fees). Where would that leave you? ..... it would leave you and other responsible owners holding the bag via higher maintenance fees. I don't think you'd like to be put in that situation.

I was once told by a resort office manager where I owned that foreclorsures and deadbeats were the main reason for higher yearly maintenance fees (in some cases, much higher).

If owners paid their fees, then there would be no need for 'harrassing phone calls' from bill collection agencies. That's what they get paid to do.

We once owned 9 timeshare weeks .... I would never have dreamed of not fulfilling my maintenance fee obligations when I signed on that dotted line (sometimes along with special assessments) but that's just the way I am. I would not dream of holding other owners responsible for MY unpaid debts.

As a matter of fact, I had put away money each and every month in order to have my maintenance fee obligations saved by January, and if I had neglected to pay them (for whatever reason) then I would have expected foreclosure and my credit ruined (that's the price one pays for not fulfilling their debt obligations). I wouldn't have tried to find a way to get out of it. But for some reason many people think that just because it's a timeshare maintenance fee debt that they are not obligated to pay it.

Whatever happened to personal responsibity/integrity in this country; first, people buying houses they couldn't afford with absolutely no down payment due to Fannie Mae and Freddie Mac that started the destruction of our economy, then bank and business bankruptcies followed by bailouts from our government, along with timeshare owners wanting a way out of paying maintenance fees that they owe.


R P.

Last edited by jayjay on Dec 01, 2008 11:28 AM

Dec 01, 2008

JayJay: We seem to be having two very different and almost entirely unrelated conversations. To be crystal clear, I DO NOT DISAGREE with a single word you're saying about personal responsibility and accountability. We agree on that point, but it's simply NOT related to my input.

My only point was (and it STILL is) that I don't believe that Carvana was (or is) advocating evasion of debt responsibility, but was (and still is) instead merely addressing the consequences and aftermath of unresolved debt --- and the right to effect cessation of excessive collection calls (a consumer right which is provided by federal law). To be very clear, stopping those excessive calls DOES NOT impact, change or in any way eliminate the existence or validity of the debt. Am I sufficiently clear on that point?

Re: >> If owners paid their fees, then there would be no need for 'harrassing phone calls' from bill collection agencies. That's what they get paid to do.<<

You are correct and I agree. Nonetheless, the law provides for consumers to be able to initiate limitations on the telephone collection assault --- WITHOUT any impact whatsoever on the continued existence or validity of the debt itself!

Re: >> But for some reason many people think that just because it's a timeshare maintenance fee debt that they are not obligated to pay it.<<

Again, we agree on this --- but that's still irrelevant to the point regarding the content and intent of the law allowing limitation on excessive collection calls. The debt is still there, alive and well (...and growing by the day), with or without those collection calls!

Re: >> Whatever happened to personal responsibity / integrity in this country? <<

That's an excellent question. Somewhere along the way (Generations X and Y, in my opinion), the concepts of personal responsibility and accountability somehow instead became subrogated by a new mentality of "personal entitlement". How, when (...or if) integrity and personal responsibility stage a comeback is a whole philosophical discussion and matter of speculation in and of itself...


KC

Last edited by ken1193 on Dec 01, 2008 01:07 PM

Dec 01, 2008

Ken, please read in bold what carvana said below and what she is telling joseph in no uncertain terms to do ..... this is the real world, not a make believe world. The resort calls the shots, not the person who wants to unload their responsibilities and debts. Try this with any loan company, financial institution, or credit card company and see how fast they will come after you with garnishiment of wages or any other means of getting their money.

carvana said:

"I suggest you send a certified letter to the resort telling them your circumstances. If your failure to pay is the result of the loss of a job, a reduction in pay, the death of a spouse, a divorce, or any valid reason tell them. Tell them you DO NOT PLAN to pay the past due or future maintenance fees and that you are willing to settle the matter by giving them a quit claim deed in lieu of a foreclosure. You might even offer to pay them a sum to be negotiated between you if they agree to end the matter with a deed back. You send this by certified mail - a phone call is a waste of time unless you are buying time and plan to pay the maintenance fees in the future - and you make it clear in your letter that a deed back is all you are willing to do. It would be helpful if this letter is signed by your attorney as that will usually get a quicker response.

There is a high probability the resort will sooner or later agree to the deed back. The worse thing that can happen is a foreclosure which will adversely impact your credit report and remain on there for 10 years as a legal action against you. The foreclosure is not in the financial best interest of the resort but they may refuse a deed back and follow through with the foresclosure as a business practice to discourage defaults."


R P.

Last edited by jayjay on Dec 01, 2008 01:29 PM

Dec 01, 2008

And carvana is advising the op to lie about why he wants to quit paying his maintenance fees. He mentions NO hardship of any kind ( loss of a job, a reduction in pay, the death of a spouse, a divorce etc. even if any of those excuses would make a difference, which they wouldn't ..... resorts have HEARD ALL THE SOB STORIES IN THE WORLD). He merely wants to stop paying maintenance fees because he no longer has a use for the timeshare. I gave the op the best advice there is and that is to USE his timeshare, TRADE it, RENT it, SELL it or GIVE give it away and offer to pay for closing if he's desperate. It's a Starwood Resort (same as Harborside Atlantis and a Starwood ownership can get you into Harborside (one of the most sought after resorts in the world) so it most definitely has value.

the op wrote:

"Does anyone have any experience of QUITTING a timeshare? Just up and stop paying any more annual fees? I own at Sheraton's Vistana Resort near Disney World, and I cannot sell or GIVE my timeshare away.( I've tried, many times, to give it away.) I don't want it, don't need it, and they don't care. It's all paid for. They are hounding me now every month, adding late fees, lockout charges, etc. and my 2008 week hasn't even come up yet. (It's December.) Any help or advice would be most appreciated."


R P.
Dec 01, 2008

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...


KC

Last edited by ken1193 on Dec 01, 2008 03:56 PM

Dec 01, 2008

Jayjay, your comment "And carvana is advising the op to lie about why he wants to quit paying his maintenance fees" is a libelous statement. Surely we can disagree and yet be civil. You should reread my statement which follows:

"I suggest you send a certified letter to the resort telling them your circumstances. If your failure to pay is the result of the loss of a job, a reduction in pay, the death of a spouse, a divorce, or any valid reason tell them."

No where in that comment is there advice that Joseph should lie. I may have a lot of faults but subornation of perjury is not one of them. You owe me an apology.

I have never understood why you, a non-timeshare owner, are so deep into the pocket of the timeshare industry. I own timeshares and I expect everyone who can to pay their maintenance fees but sometimes it is not possible and your suggestion that the desparate owners "TRADE it, RENT it, SELL it or GIVE it away" is meaningless to someone who has tried all of the above without success.

I remember one of your posts several months ago in which you said you had recently attending a wedding at a Marriott Courtyard and you found the quality of that Courtyard so poor that you ended up disparaging Marriott Timeshares in your post. Comparing a Courtyard with a five star Marriott Hotel is typical of the shallowness of the advice you post here.


Carvan A.

This thread is closed. Try searching for a topic or browse our list of forums to join the discussion.