WALK AWAY FROM TIMESHARE

The suffix of your link, is Colorado, I live in California. Different rules on collection and liens. The collection rules here are always in the persons favor, not the company. So again its been almost 4 years since walking away, and it feels great knowing that I screwed over those timeshares. No hit on credit report, no consequences. Of note are these first 3 rules, in Colorado, Not California.

- The Court must have awarded a money judgment in your favor.

- The money judgment is good for six years in County Court and for 20 years in District Court.

- The Court cannot collect your money judgment for you.

As with most time share owners, people don't live in the courts jurisdiction. So who gives a crap about an award. And the resort still has to pay to go after the money, cheaper to let them walk away, cross state lawyers cost big $$$.

Have a good day ... ;-)

jlb wrote:

INSTRUCTIONS FOR COLLECTING A JUDGMENT AND COMPLETING A WRIT OF GARNISHMENT

"Step 3: Serve the Court Order and the interrogatories on the Judgment Debtor. request to place a lien against real estate owned by the Judgment Debtor."

https://www.courts.state.co.us/Forms/PDF/JDF%2082%20How%20to%20Collect%20a%20Judgment%20and%20Issuing%20a%20Writ%20of%20Garnishment%20R6%2015%20(FINAL).pdf

scottm421 wrote:

I believe that it also depends on the state you live in. They can threaten a lien, but they are bluffing. Again only secured debts can have a lien applied. The collection industry purposely obstructs people from learning what collection practices they use. Read what the rules say in your state. But the bottom line is non secured debt is nothing to worry about. "Caveat Emptor" in all things. Maintenance Fees are not a secured debt. Loan payments on a timeshare are a secured debt because you signed a promissory note.

scottm421 wrote:

The suffix of your link, is Colorado,

because I was referring to our Colorado resort, which still has not offered to take back our weeks. - - - - - - We had three, and I have given away two of them, via craigslist.

I have given away two more at another resort, via craigslist.

Also, since posting, we purchased a week at a resort where we get year-round day privileges, rented it out for more than the annual fee, and sold it at a profit. Then, purchased another week at the association auction, got year-round day privileges, and rented it out at a profit.

That, old legacy beach-front resort has realistic management, takes weeks back, rents them out for about twice an annual fee, and has an auction once a year. Not fancy-schmancy, hoyty toyty, but clean and comfortable.

In the meantime, legacy resorts that only know to threaten and sue file bankruptcy and dissolve, like Apple Valley in Ohio . . . and then have even greater expense doing the legals to be able to sell it off.

How do I walk away? I owe nothing on the time share, but every years annual fee. I just want to be rid of it. I paid two companies to sell the timeshare, once they took my money I never heard from them again. I am done. Can’t they just take it back?

michelem526 wrote:

How do I walk away? I owe nothing on the time share, but every years annual fee. I just want to be rid of it....Can’t they just take it back?

They might take it back if you ask them. You cannot force them to. Is your timeshare with Diamond, Wyndham, or Westgate? Those three companies each have a respective deed back program. They might charge a fee ($250 for Diamond, $900 for Westgate). If it is not with either of these, you can try contacting the resort's Homeowners' Association and ask if they will take it back. They might ask you to pay closing costs and perhaps the next maintenance fee.

But, as you've learned the hard way, do not pay any company, law firm, or charity to sell or "cancel" your timeshare.

It also depends on if it's a timeshare, points, vacation club or Right to Use .

I have a timeshare fully paid off in Cabo. I would like to stop paying maintenance fees and want to know the consequences. Can I just walk away in Mexico?

SI tried to sell my times share .i got scam .pls pls pls do not give them money at front . I lost $700 by scammer .times share suck ,,,,,,$#@—#%-@+. Walk away yes I walk away this stupid times share .. I was stupid ,I have disebelity .theier scammer me .i tried to cancel but their said I already sign .i could to jail . In 20 years I keep paying .their give you vacation only one week or 3 days in summer time . than pay your maintain fee $ 800. A years .i walk away

some ts will take it back if you pay 2or 3 years paint fee

pay 3years maintenance fee an they may take it back thats the BEST WAYTO GIVE THE TS BACK THERE IS NO FREE LUNCH

pay to GIVE BACK your paid-for timeshare.................THAT'S INCREDULOUS AND INCREDIBLE.....DID I SAY FRAUDULENT? ok, i understand in many cases, ownership (with accompanying maintenance fees) create financial distress for some.

i'm just taking a step back from the issue and commenting on the absurdity of the GIVE BACK SCENARIOS. it's truly criminal and i empathize with all who seem to have no other recourse per their individual situations.

we need state and national timeshare regulation and legislation. how that will come about escapes me. i wrote to my ny representatives senators schumer and gillibrand describing in detail, my deceitful ownership issues at the fraud-ridden MANHATTAN CLUB TIMESHARE, 200 W 56 ST, NYC, NY........TWICE. no answer from either one. we can't even get our representatives to work with/for us owners. what should be done next to get the ball rolling for timeshare regulation/legislation to be created? any suggestions?

Hello. I walked away from my timeshare in Mexico 7 years ago. I was paid up, just had to keep paying the maint. fees every year, which kept going up & up. I couldn't get the weeks I wanted, even when trying to book 6 months out. I sold my weeks online, but that was becoming a headache. I went to see our family attorney, explained the situation, and he said he could help. Since I couldn't get the weeks I wanted (floating weeks) he said that the contract was null and void. He also demanded the money I spent buying the weeks (about $ 15,000) just for kicks. He explained to me that I most likely wouldn't get that money back, but it would give them something to think about. I said I didn't care about that, I just wanted to stop paying those maint. fees and put the whole sorry mess behind me. We sent those demands on his firms letterhead, and sure enough, about 5 days later I got a call from the resort. "Why sir...what's the matter?" I explained that I wanted out of the contract. She said since you don't owe anything other than the yearly fees, it would not be a problem. Holy!! After blowing money on 2 companies who said they could help me, and didn't, I realized I should have talked to my guy in the first place. I was sent some PDF files, filled them out, mailed them back to Mexico...DONE! I haven't heard from them since. BUT...I still exist on the internet. I get calls every so often asking about my timeshare. I can live with that little annoyance. Good Luck!

michelem526 wrote:

How do I walk away? I owe nothing on the time share, but every years annual fee. I just want to be rid of it. I paid two companies to sell the timeshare, once they took my money I never heard from them again. I am done. Can’t they just take it back?

There are thousands of thoughts on what happens if you just walk away. Thousands more making claims I dont think they really know the answer on. Very few telling what happened when they did walk away o I will. Some background. I got the timeshare for free. Assumed the maintenance fees. I owed nothing on it. Paid my maintenance fees on time and used the timeshare for many years. Maintenance fees kept going up and updates to the home resort werent occurring. Using RCI and trying to trade into other resorts was usually impossible to get what I wanted and was always way overpriced. $200 to do an exchange is BS. My background is financially stable and a 800 credit rating. This was a deeded timeshare. Understand this-- I was in charge of every conversation. I didnt ask and I didnt show any fear for any of their threats. Basically beat them to the chance of making any threats. Decided I was done with it. Told my home resort I was done and would not pay them another dime. I told them I would be happy to sign the deed over to them to save them money on collection and foreclosure expenses. (took away their main threat) They said I am bound by contract. I said fine I will wait for the court date on foreclosure. (Showed no fear of foreclosure) A few months later they offered the old pay them 3 years maintenance and the fees to transfer it and I could get out of the contract. I said no I would wait for the court date on foreclosure. (Again no fear of the only card they have to play) At the 13 month point (second year of no maintenance fee) they called and said they were sending the docs for me to sign the deed back to them. I said perfect and thank you. No impact to credit and no collection calls. Obviously I got off easy but to all the people that make big conversation about how bad you will get beat up on credit score and they will come after you for years and years doesnt make sense. We want out of timeshares so we dont keep throwing good money to a bad hole. Timeshares are in the same boat. It costs them thousands of dollars to put the screws to you and they are throwing money away when the only end result is you cant access their property anymore.

Why don't we gather people to SUE timeshare companies for false advertising...A CLASS ACTION LAW SUIT....Who knows a good lawyer for this?

Has anyone walked away from a Hyatt Timeshare?

Get a lawyer. Have him or her send them a letter, on the lawyer's letterhead, stating that you don't owe anything on your original purchase. You can't get the weeks you want, and you don't want to pay these ever increasing maintenance fees. I did this in 2011. The Mayan Palace no less. Those guys are in a league of their own when it comes to high pressure tactics. They sent me some PDF files, printed them off, signed them, sent them back. What's it now...eight years? I think I'm in the clear. And listen...my attitude when I did this was "screw you", if you want to come after me, take your best shot. People keep saying "oh, they'll come after you, wreck your credit rating, take your first born". Scare tactics. Just say I've had it. I'm doing this.

Thank you. I’m going for it.

danl33 wrote:

Get a lawyer.

I just wonder why you feel the need to get a lawyer for this. Walking away from a timeshare obligation does not need a lawyer. What's a lawyer going to do for you that you can't do yourself?

Excellent. Don't lose your nerve. If, and it may not happen, but if they threaten some sort of legal action, just say fine. See you in court. Remember, it takes time, effort and money to pursue these matters. Chances are high that this is just Standard Operating Procedure. Try to intimidate is their first course of action. If things do escalate, get back to me. My lawyer had a whole list of legal arguments at the ready in case we got any push back. We never had to use them because they dropped me like a hot potato. Also, for those who say it's not fair that you try to get out of a binding contract and have the ones remaining carry the load, if you're being honest with yourself, you'd do exactly the same thing if you could. And you can. Just do it.

catherines286 wrote:

Thank you. I’m going for it.

Common sense people. If you complain on your own, they just seem to ignore you. When you get a lawyer involved, it shows you are taking that next step. You mean business. Like I said, send your correspondence on your lawyer's letterhead. It carries more weight that way. Just for kicks, if you've paid for your weeks in full and are just paying maintenance fees at present, say you're going to try and get that initial buy in (many thousands I'm sure) back as well because they're operating in bad faith, not telling the truth, anything you can think of. That's not your goal, and chances are almost non-existent that it will happen, but it just adds fuel to the fire. You are like me. You just want to stop paying those ridiculous maintenance fees. You wish you'd never heard of timeshare. I also paid a "company" $ 500.00 at one time to help rid me of this huge mistake I made. Once they got my money, never heard from them again. STUPID!! Success using my lawyer.....he charged me $ 125.00. Every time I see the guy I can't thank him enough. Give it a shot. Nothing else seems to be working, right?

lancec13 wrote:

danl33 wrote:

Get a lawyer.

I just wonder why you feel the need to get a lawyer for this. Walking away from a timeshare obligation does not need a lawyer. What's a lawyer going to do for you that you can't do yourself?

If anyone decides to use an attorney . Choose one where you live and can walk into his or hers office . NEVER use one you " heard about " on the internet .