Need for escrow

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Original Message:

Re: Need for escrow (by Kari K.):

Hmmmm. Are closing companies capable of discovering tax liens? I came across 2 of those this week while doing a couple of deeds for a client.

RE: reasons to get, at the least, a Preliminary Title Report (no insured policy) is to make sure that the person you're giving money to 1) owns the timeshare; and, 2) to make sure there are no liens or encumbrances of record. If you don't know didly squat about the person/people you are buying from, you could get hurt and 4K is 4K.

Many transfers are sales between family, friends and acquaintances --people knowing each other. These can also be said to be gift for gift. One helps someone out financially and the other thanks them with a timeshare gift........these can be done outside of escrow. A straight deed transfer can be done.

In Hawaii, however, much of our business is from attorneys in the states who don't want to tackle Hawaii property transfers because of our multiple recording systems. We have the Bureau of Conveyances and we have Land Court and we have both. In addition, if a marital change took place with the owners who are transferring their timeshare (or property) and the deed is a Land Court deed, then the Judiciary must get involved and the deed must also be accompanied with a Petition & Order. Our Land Court people are EXTREMELY tough!!! They will reject a deed if a '.' is missing.

I often get calls from people who are at their ends wit with trying to do their own transfer--and have had multiple rejections.

In addition, many transfers of 'divorced" parties can be tricky especially if the divorce happened years ago and one party has died.........there's a probate.

Do timeshare closing companies know everything about each state's requirements? I think not, because we're often left cleaning up messes.

So, having said that, we're all talking the same talk. A timeshare is valued only at what someone is willing to pay and the cost of the transfer process is what it is wherever you go. Either you want to pay a reputable company and sleep well or not. As busy as we are, I think alot of people choose to sleep well.