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Re: Wyndham Is breaking my financial back` (by Tracey S.):

ken1193 wrote:

lizb236 wrote:

Our home property will not take a deed back. If you stop paying your maintenance fees, they will take the owner to small claims court. This is our dilemma. Otherwise, we would just stop paying. We can't get out of this ownership. The deed has to be transferred to another person by gift or sale.

In my 35+ years of timeshare ownership and experience, including some time as a Board member, I have never once heard of any HOA anywhere taking any owner to small claims court over non-payment of maintenance fees.

Foreclosure? Certainly. Court? Highly unlikely. No court is going to "order" an owner to pay overdue timeshare maintenance fees anyhow, particularly when any and every resort already has foreclosure readily available to them for redress.

Are you quite sure that yours is a statement of fact, or is it perhaps just an unconfirmed rumor or a second hand (and maybe inaccurate) report of an empty HOA threat?

I'm not calling you a liar, merely stating that I have never heard of any such action ever being undertaken by any resort anywhere.

Ken, I own at a small resort in Ocean City Maryland that is very very aggressive with non payment of MF. They will go to court to garnish your wages to pay the MF's plus court filing costs. The MF's are currently $430. Most in the area for similar resorts are in the $700-800 range because they have so many more units that they have taken back as foreclosures that they have no way of selling. I believe they only go to court to garnish Maryland owners (which are most) especially as they have implemented additional transfer requirements including credit reports when transferring to someone who is not a resident of the state.

I do agree that most timeshares do not do this. More and more however are turning over the debt to collection agencies.