Report Abuse

Re: WHERE CAN WE GO TO GET FREE LEGAL ADVICE ON DUMPING TIMESHARES?

davidh1026, wrote: "We understand that the resort or TS may proceed with foreclosure - how long will they wait and what is the chance they won't bother? Aside from the credit rating getting beat up what else can they do if the deeded property is paid for and only the maintenance fees are left unpaid? Lien on my house? " Answer: If you have a deeded timeshare you can be 100% certain that sooner or later the TS will proceed with foreclosure if you cease paying the maintenance fees. The time frame will vary from TS to TS depending on what collection method they use prior to proceeding with the foreclosure. Typically after unsuccessful inhouse attempts to collect - letters and phone calls - the TS will refer the unpaid fees to a Collection Agency. The agency typically charges the TS a fee of 40% of the amount collected and accordingly they will be very aggressive in their attempts to collect as this is their "bread and butter" as Jayjay would say. It is not uncommon for the collection agency to violate Federal Laws regulating the collection of debts. The strongest tool in their arsenal is to threaten you and lie to you. Jayjay says "They CAN come after you for unpaid debt (maintenance fees)". That is an ominous sounding threat suggesting broken knee caps or even debtor prison but in truth the collection agency is rather limited in what they actually can do beyond calling and sending letters and both of these can be terminated with a "cease and desist" letter sent by certified mail. (Google FDCPA) I have personally seen many instances where the predator (the collection agency) becomes the hunted for violating the Federal regulations protecting debtors. The FTS penalties for harassing debtors are monetary and can even include the loss of the right of the collection agency to do business. Since most folks are not aware of their rights the agencies are willing to run the risk and frequently do violate Federal collection and credit reporting statutes in their efforts to collect. An article in today's WSJ highlights the shady actions of some collection agencies who threatened and misled debtors concerning debts that are barred by the statute of limitation. (See page A3 of the Jan 22 Wall Street Journal). Collectors were not informing debtors that a debt was barred by the statute of limitation and continued threatening calls in their illegal attempts to collect. Yes, Jayjay, all debts (excepting student loans) including maintenance fees even those owed by estates sooner or later are barred by the statute of limitation. (The statute of limitation is an affirmative defense but that issue is too complicated to explain here) Ultimately the TS will foreclose so that they can resell the unit and get a paying owner in the unit. This ultimately benefits the other owners. A foreclosure will have an extremely adverse impact on your credit score. It will remain on your credit record for seven years. A foreclosure typically will lower a 750 score by 200 or more points and a 500 score by at least 100. That will impact your future ability to get credit and will make credit more costly when you are able to get it. Buying a house on credit will be almost impossible for two to three years and purchasing a car on credit will be difficult and at a very high interest rate. The bottom line is avoid a foreclosure if you possibly can. But if personal circumstances make it impossible - death in family, divorce, loss of job, etc - then make sure you are aware of your rights and the money spent on legal fees will be money well spent. Your last question dealt with the possibility of a lien on your personal residence. The short answer is no they can't. The TS has an inchoate lien against your timeshare from the day you are first delinquent on your maintenance fees. This inchoate lien can be perfected through a judicial foreclosure or through a trustee notice of foreclosure in states where a judicial foreclosure is not required. This action does not give rise to a judgment lien on your personal home. It is highly unlikely you will ever be sued for a maintenance fee because you didn't sign a promissory note promising to pay as you did when you purchased your personal residence. But be alert to any suit filed and be sure you answer any suit for a maintenance fees in order to avoid a default judgment. Good luck.