Pat, a failure to pay your maintenance fee will almost certainly result in a foreclosure and this does have an adverse impact upon your FICA score (credit score).
There are two types of timeshare foreclosures. If you financed the purchase the lender secured the loan with the timeshare and your failure to pay that note allows the lender to foreclosure on the collateral, that is the timeshare. The second type of foreclosure is related to your failure to pay the maintenance fees. The developer filed a declaration in the deed records in the county where the timeshare is located and you purchased your timeshare subject to this declaration that allows the HOA to foreclose when the maintenance fees are not paid.
One should always pay their maintenance fees because other owners will be required to pick up the slack if you fail to pay but bad things happen to good people and especially in the present economy. Here are some suggestions for you should you default.
1. Make sure you have two or more credit cards that have a good payment record prior to defaulting on the maintenance fees. The recent Federal Law governing credit cards prevents the bank who issued the card from raising your interest rate or closing your account due to adverse information on your credit report. They can look only at your payment record on the card they issued to you. That is good news for you.
2. Make any major purchases including a home or car prior to defaulting on the maintenance fees. You will be able to buy a car after a foreclosure but typically at a higher interest rate so do it before the foreclosure.
3. More good new concerning future home purchases following a foreclosure. In an effort to aid in the recovery of the housing market, Fannie Mae has changed its loan rules for homeowners that went through a short sale or gave their deed back to the bank before foreclosure. The U.S. housing market has so far weathered six million foreclosures in the past three years, with another three million expected this year.
Beginning with applications submitted after July 1 of this year the applicant can buy a home with 20% down within two years of a foreclosure assuming no other dings on the credit report. If borrowers can show there were "extenuating circumstances" in their situation, such as medical bills or layoff, they may qualify for a loan with 10 percent down in two years.
The relaxed rules do not specifically apply to timeshare foreclosures but there is no reason to believe they will not.
Carvan A.