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Re: Important Update Affecting Resale Purchasers

If you owe money on a timeshare (maint or a loan) no one can place a lien on your primary residence without an extensive amount of multiple court actions, if even that was possible. I suppose it is possible that after foreclosing on your timeshare the foreclosing entity could document that they sold the foreclosed timeshare for less than the amount owed, then sue to collect the unrecovered amount. After winning the judgement, if you didn't pay the judgement amount, they might be able to go back to court. If in this court the judge awards them the right to place a lien, I suppose there is a possibility they could place a lien on your primary residence. But there are too many issues which would prevent that from happening. First, it costs way too much money and consumes way too much time for any entity to proceed thru the legal system to even be worthwhile placing a lien of this nature - especially when they would have to wait for the lien to pay off. Second, the amount you owe is far too small for any entity to justify spending that much money after they have completed foreclosure. I'm assuming you didn't pay a year of maintenance which is usually less than $1,500. Add $1,500 or less for foreclosure and then offset the $3,000 by the amount of money selling the foreclosed unit. It will cost more than another $1,500 to go back to court two or three times to get a lien, then an additional time to sue to force payment of the lien or wait ZGod knows how long until you sell your residence. Third, after foreclosure, and unrecovered funds are usually sold to a collection agency who's primary line of defense is reporting your default and net money owed to credit reporting agencies. They would attempt to collect on the net funds still owed. But the expense to take additional legal action is probably not financially viable and I think would ultimately be written off as bad debts. It would be on your credit report I think, but unlikely to be collected if you chose to resist payment. Fourth, having the right to place a lien on your primary residence would come after a judement allowing the creditor to attemot to collect using other methods such as wage attachement. The creditor just doesn't have the right to attach other real property as a first line of action.