Timeshare owned with Ex

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Original Message:

Timeshare owned with Ex (by KC):

cathim6 wrote:
>> I thought it strange that he didn't need my signature to transfer title, however, he assured me that everything was done legitimately and the title was transferred. <<

That "assurance" was an empty one. If your name was on the original deed, then your (notarized) signature would have been required as a "grantor" on any subsequent deed to a new "grantee" (including a new deed relinquishing your co-interest to the ex). Your name would (and evidently did) remain as co-owner of record until and unless a new deed had been prepared, with your notarized signature obtained and that new deed officially recorded, thereby formally removing you from the picture as co-owner. It seems apparent from your account that no such formal "removal" action was ever appropriately completed and that no new deed was ever prepared and recorded in just the ex' name alone.

Foreclosure could (but may not) result in your name being subsequently reported to the credit agencies. In the eyes of the law you were in fact a co-owner of record at the time of foreclosure. If you're lucky, that reporting simply fell through the cracks. In the future you may have to explain to credit reporting agencies and / or lenders (in a loan or mortgage application situation, for example) the circumstances you've described above. Hiring an attorney is unlikely to be of much (if any) additional use or assistance to you. At this late juncture, what was already done (...or NOT done, in this instance) is now water under the bridge and irreversible. You can surely offer an explanation to any credit agencies and / or lenders just as well as (maybe better than) any third party doing so on your behalf.

You won't be sued over a past timeshare foreclosure. It's just not worth the time or expense for a timeshare HOA to pursue that expensive legal route in the aftermath of a timeshare foreclosure. Yes, they most certainly could, but it's just not cost effective for them to do so.

This input is not offered or intended as legal advice. For formal legal advice, you should personally (i.e., not on the Internet) consult an attorney licensed in your particular state.