Original Message:
Re: Re: My timeshare is paid in full, but I just don't want it anymore (by KC):
susanc1615 wrote:Also looking at simply deeding the unit back to resort through quitclaim deed. What can they do? If we don’t own it anymore, it doesn’t seem it could affect our credit rating.
Bad plan. ACCEPTANCE is a basic legal requirement for a deed (any deed) to be valid. You cannot just unilaterally "quitclaim" the ownership to any unwilling "grantee" (the resort, or anyone else) without their consent (ACCEPTANCE). Simply stated, any such deed would just be void and you would still own the timeshare in the eyes of the law.
What can they do? The resort would not actually have to "do" anything at all. Since any such invalid deed would be legally meaningless, they would simply ignore your legally invalid action and you would still remain the owners in the eyes of resort --- and in the eyes of the law.
You can give it away to someone else who is willing to take over the ownership, or you can just walk away, but any attempt to "deed back" to an unwilling "grantee" (whether it's the resort or a random name out of the phone book) would be legally meaningless and a complete a waste of time and effort. You would still remain the lawful owners of record.