Get out of Westgate Resorts

What's amazing is how these companies can legally operate in this country (United States). I feel like if these companies benefited us the way they burden us, it would be quickly banned and branded as illegal.

Did some research on foreclosures, it seems even if it is reported to credit bureaus, it stays for 7 years(some say 7 years + 180 day) counted from the date of first missed payment(some say date of the notice of the demand of late payment, which may be a few months after the due date). And some states requires the foreclosure to take no less than 90 or 120 days.

For most users that got threatened about the MF(maintenance fee) foreclosure in this thread, it has been 3~4 years since that date, is it true that the most harm WestGate can do to the credit report(even if they filed it at all) is 3~4 years? And for some lucky ones who has stopped payment for 7 years or more they should rest assured there is 0 harm going forward?

Thanks

It varies from resort to resort or company to company whether or not they'll report delinquent maintenance fee payers or mortgage payers to credit bureaus. It also varies from lender to lender whether they'll take into account the delinquent payer's situation if it is just failing to pay on a timeshare. Some lenders might overlook that when deciding how to deal with someone who failed to pay maintenance fees or mortgage payments.

For memberships and right-to-uses that are usually located in Mexico, delinquent payments might be handed over to collection agencies or simply be overlooked and let the memberships lapse.

pengx wrote:

For most users that got threatened about the MF(maintenance fee) foreclosure in this thread, it has been 3~4 years since that date, is it true that the most harm WestGate can do to the credit report(even if they filed it at all) is 3~4 years? And for some lucky ones who has stopped payment for 7 years or more they should rest assured there is 0 harm going forward?

More detailed information is necessary in order to provide an informed response. First and foremost is the question "Is the foreclosure solely for unpaid maintenance fees, or is there also an unpaid loan balance on which you are also going to default?"

Two different scenarious, with at least two different potential answers. Some resorts / developers won't even bother to report a foreclosure at all if the account only involves unpaid maintenence fees, with no associated loan going into default. If also defaulting an unpaid loan however, most resorts / developers will make very certain to provide notification of the foreclosure to the credit reporting agencies, where it will thereafter remain a matter of record for (7) years.

Just unpaid maintenance fee. Reading the thread I saw several similar cases but still receives threatening email from WestGate about foreclosure and report to credit bureaus.

The other thread on TUG below only counted if it foreclosure shows up in credit report or not, but didn't mention the start date. I just figured if start date is always a couple of years in the past, there is even less to concern.

https://tugbbs.com/forums/threads/2020-timeshare-default-credit-report-collection-tracking.304138/

Thanks

This from the horse's mouth: Sr VP of Mortgage Lending, a deposition, but things change, so read this article by an attorney explaining that, while not likely anything really ugly will happen, developers, especially Westgate, have been getting more aggressive: https://afterinsidetimeshare.com/timeshare-wars-an-attorney-speaks-out-about-exit-companies-and-developers/

From the depositions: What Happens When a Westgate Owner Defaults? According to Joint Pre-Trial Statements - not much happens. Out of 621 original owners, Westgate only brought foreclosure proceedings against 244 accounts. Of the 86 remaining owners, only four testified they were foreclosed. With respect to the 86 owners Westgate decided to foreclose upon, none testified that their credit was damaged as a result of nonjudicial foreclosure, or were aware of any such impact. Westgate had not sought deficiency judgments as a matter of policy and is not entitled to under Florida law and the law of almost every state. Westgate could change its policy to pursue judicial foreclosure and seek deficiency judgments. This would allow them to place liens on real property or garnish wages, etc. Nonjudicial foreclosure is quicker and costs less than judicial foreclosure. Non-deeded points, rapidly replacing deeded timeshares, are not eligible for judicial foreclosure. The buyer is a “member” with no beneficial interest in real property. However, that member could be sued for the balance due on a promissory note.

My husband and I got married in Vegas in 2018 and fell prey to the lure of purchasing a Westgate timeshare. We paid a down payment and have a monthly mortgage payment with dues every other year. Our usage is 3 nights every other year. We have a balance of $9k. I have called and tried to give it back to no avail. What are my options. We are both retirement age and want rid of this thing. We've used it one time since purchasing. Is there a company that can get us out? I'm not opposed to just walking away, but how do you do that when they auto draft your bank account?

You should be able to tell your bank to stop the auto-payments if you choose to default. Some have said they closed their bank account and opened a new one. If you just can't afford it, there may be little choice but to default. I posted above what a Westgate executive stated about their foreclosure process. Do not pay an exit company. Westgate is requiring an affidavit and some have been sued for perjury because they signed it even though they had retained a third party. WG is asking that the note be accelerated and for their attorneys' fees. In my opinion, they are one of the worst companies because of how they treat those sold deceptively. A cease and desist letter may be effective in halting collection calls. There is a Westgate Timeshare Hostages Facebook Group with over 2,000 in the same situation.

Best advice ever I am just taking the credit hit thank you my credit always up and down who cares but the bastard not getting money no more love from Philadelphia

Best advice ever, I am talking the credit hit lol minds up and down anyway but want I won't do is keep paying for something that's useless and don't own ,

I assumed a Westgate Village timeshare when my parents passed. They were told on purchase (February 1991) that they need to pass it to their children in probate. We didn't know we had any choice to refuse the inheritance until recently, otherwise we would have done so. My dad paid off the loan soon after he purchased it and the maintenance fees have always been paid on time. We've used it twice and can't afford the yearly maintenance fees. We can't even give it away. I called Westgate's Legacy Program and was told we could submit our account for review and if we qualify and pay $3,000 upfront, they would release us. Also, it would take about 45 days from the date we pay our money. I don't know how we're going to handle that amount of money. That's outrageous and close to 3 years of maintenance fees! Also, what guarantee do we have that they would release us. I don't even know if I can trust them.

Words cannot adequately express my unlimited contempt and disdain for “Wastegate”, but if your Westgate week is determined to be “eligible” for acceptance into their “Legacy” (deedback) program, despite the outrageous and larcenous fee it is a clean, legal and permanent “exit” option. Unfortunately however, Wastegate reportedly “cherry picks” what they will take back, so Legacy may not even be an option for you. You will need to formally submit your "Legacy" (deedback) request to Wastegate in order to find out if that avenue is even available to you at all. If determined "eligible", it will then be a difficult personal decision whether or not to pay the exorbitant Wastegate extortion / deedback fee in order to escape their clutches efficiently and permanently. It’s a painful option and it is obviously extremely greedy of Wastegate to charge people thousands of dollars to “take back” something that Wastegate already previously sold at a high price and big profit, but which is now essentially worthless in the resale market. Nonetheless, the Legacy deedback option is “legitimate”, in spite of the larcenous and unconscionable cost imposed to utilize it.

A Westgate week is essentially worthless in the resale market; you likely cannot even give it away for free. Another available (and less financially painful) option besides “Legacy” is to simply not pay Wastegate another penny and just let them foreclose at some point — which they will do after a period of time during which you must clearly and consistently and repeatedly refuse to ever pay them another cent. It is possible (but unlikely as long as there is no unpaid loan balance involved) that there could be negative credit report consequences to choosing this option. Difficult personal choices to make among very limited options. Good luck!

My one parent has passed away, the other is too sick to travel, and is a Canadian. The mortgage is paid in full. I, as POA, notified Westgate in Dec 2023 that I wish to cancel the timeshare. They just responded today with an offer to buy back the deed for $3000 US after the 2024 maintenance fees are paid in full. I advised that they received my request when the account was paid in full. They are still demanding the full 2024 fees plus $3000 US. If I just stop paying, will the foreclosure affect my Dad's credit rating in Canada?

theresah295 wrote:

They are still demanding the full 2024 fees plus $3000 US. If I just stop paying, will the foreclosure affect my Dad's credit rating in Canada?

Highly unlikely.

I contacted their Legacy program...They wrote back that the only way they will take it bak is if it is paid off. OR IF I sell it they want first refusal and a host of paperwork with the purcasers information. As you stated earli redier, noone wants a timeshare, and the whole first refusal ordeal is nuts. I also responded that is the loan was paid off I wouldn't be trying to get rid of it! I can't afford the moonthly payments anymore becuse I am on social security and a pension Aside fom affecting my credit, woud it be worth just not paying anymore?

susanw257 wrote:

I contacted their Legacy program...They wrote back that the only way they will take it bak is if it is paid off. OR IF I sell it they want first refusal and a host of paperwork with the purcasers information.

NO timeshare company will accept a "deedback" when there is an unpaid loan balance; Wastegate is not unique in that regard.

Most Westgate timeshares have very little (or zero) value in the resale market, so even with no unpaid loan balance you would have great difficulty even giving it away for free, let alone "selling" it. Selling it with an outstanding loan balace is impossible.

Given the personal current circumstances that you describe, pay Westgate nothing more. Walk away and don't look back. Forget about them; they will eventually just write you off. It's simply not worth their time or effort or expense to bother chasing after you.

And just to add to KC's advice above, do not go looking for any company that claims it can get yo out of your predicament. There are many companies, charities, and law firms that claim they can help you but are just scams.

Consider Edward, who served 24 years overseas, awaiting a lung transplant. He was pitched renting to cover costs. He works at the Pentagon and needs his security clearance which is in jeopardy because of a loan default. I've heard from over a dozen Westgate owners who said they were sold the timeshare as a timeshare rental investment. They are in various stages of the default process.

Then consider the Queen of Versailles, opening as a stage play at the Colonial Theater in Boston on July 16. The Netflix features their 90,000 square foot house with 30 bathrooms and an ice-skating rink, built in Orlando. "And when the housing crisis hit, MY CHILDREN HAD TO FLY ON COMMERCIAL AIRLINES!" moaned the Queen, Jackie Siegel. Some may remember Leona Helmsley who commented on her way to jail, "I thought only the little people paid taxes."

Carl, who can be found on the Westgate Facebook Group, Westgate Timeshare Hostages, is organizing a protest, his second. The first was in Orlando. The Orlando Sentinel covered it, with a TV reporter, causing it to be distributed across the US. If you know anyone in the Boston area that would care to support Carl, you can find him on that Facebook Group. Massachusetts has some of the strictest protest laws to protect protesters.

I owned Westgate since 96 and when the yearly maintenance increases pushed the maintenance fee over $1,000/yr (started at $225/yr and just kept growing), I stopped paying the maintenance fees. I wanted to just give the timeshare back and be done with and tried to meet with them during my last two visits but wouldn't accept the timeshare back. After I stopped paying maintenance in 2020, it took 3 years or so of them trying to contact me for the late fees that kept growing over the years. I repeatedly ignored them and if they ever did catch me, I told them to forclose. They finally said if I paid the late fees they would proceed with termination and I ignored that too. Lots of mail that was ignored. In June 2024 they forclosed for the value owing and sent a legal document showing the title was given up in exchange for the fees owing. My advice, if you want out, don't pay them anymore and tell them to forclose. Thank you tp the contributors as this thread was helpful in my Westagate timeshare terminations efforts.

How much were "the fees owing," and did you pay them? I am considering stopping maintenance fee payments, which I have made since the 90's.

jima392 wrote:

I owned Westgate since 96 and when the yearly maintenance increases pushed the maintenance fee over $1,000/yr (started at $225/yr and just kept growing), I stopped paying the maintenance fees. I wanted to just give the timeshare back and be done with and tried to meet with them during my last two visits but wouldn't accept the timeshare back. After I stopped paying maintenance in 2020, it took 3 years or so of them trying to contact me for the late fees that kept growing over the years. I repeatedly ignored them and if they ever did catch me, I told them to forclose. They finally said if I paid the late fees they would proceed with termination and I ignored that too. Lots of mail that was ignored. In June 2024 they forclosed for the value owing and sent a legal document showing the title was given up in exchange for the fees owing. My advice, if you want out, don't pay them anymore and tell them to forclose. Thank you tp the contributors as this thread was helpful in my Westagate timeshare terminations efforts.