Manhattan Club Lawsuit

PIB,

hope you will join our lawsuit: contact our attorney as follows:

contact jean-marc zimmerman, esq. at the following email or phone:

JEAN-MARC ZIMMERMAN

JMZ@ZIMLLP.COM

TEL: (908) 768-6408

the comments by alexcrystal22@gmail.com are outdated. there is no class action suit.

plb2 wrote:

I am interested in the Manhattan Club Class Action Lawsuit.

alexc100 wrote:

MC owners opened a lawsuite / class action in regards to the MC resrvations.

Everyone who is inerested to join the class action please contact me at alexcrystal22@gmail.com

You will be asked to fill out the Survey and send it or email the lawyer's office. It is urgent! Regards, Alex

I understand that all states may have different laws/regulations regarding timeshares in estates. Which state's laws/regulations are relevant, the state I live in or New York?

williamm465 wrote:

I understand that all states may have different laws/regulations regarding timeshares in estates. Which state's laws/regulations are relevant, the state I live in or New York?

Again, I am not a lawyer, but I lived in MA, my Mother lived in VA, and the timeshares were in NY. When I inherited these timeshares from my Mother, I had to deal with VA and NY. I was required to file an ancillary probate in NY, (whether one has to file one depends on the value of the estate) which required hiring and paying a lawyer, and paying NY estate taxes based on the value of the timeshare. (I had to pay several thousand $$'s to have them assessed when they were, in reality, worthless). That is why I would like to will NY the timeshare. I have been through years of learning and information gathering on this situation and have concluded no one really knows what to do about timeshares, except not to buy one.

Hi,

Where is the language " in perpetuity" in the Manhattan Club timeshare contract or deed?

Thanks, Irene Smalls

Please have the lawyer on our site explain the legal proposition set forth in the rule against perpetuities. This applies to real estate transactions.

irenes93 wrote:

Hi,

Where is the language " in perpetuity" in the Manhattan Club timeshare contract or deed?

Thanks, Irene Smalls

I don't know, however several people have mentioned this term in their deeds over the course of the forum.

The "perpetuity clause" is found on 2 of the closing documents right in the vicinity of your signature. One is the on"Timeshare power of attorney" which authorizes TMC to change the rules as they go along.

gerards23 wrote:

The "perpetuity clause" is found on 2 of the closing documents right in the vicinity of your signature. One is the on"Timeshare power of attorney" which authorizes TMC to change the rules as they go along.

I found this statement about enforceable vs unenforceable contracts. Seems to me because of the AG finding TMC guilty of fraud etc. that our contracts can't be enforced (in perpetuity),

What Makes a Contract Unenforceable? An enforceable or legal contract is one that can be enforced by the courts. ... A contract can be rendered unenforceable because of circumstances surrounding its signing, the terms of the contract, and events that happen after the signing of the contract.

My Civil Lawsuit for $25,000 against The Manhattan Club is finally going to trial Wednesday Dec. 11, 2019 at 9:30 am. Manhattan Civil Court Room 428 (check the room. Rooms change). 111 Centre Street, New York City. All interested parties and Manhattan Club Owners are invited to attend.

Irene Smalls

irenes93 wrote:

My Civil Lawsuit for $25,000 against The Manhattan Club is finally going to trial Wednesday Dec. 11, 2019 at 9:30 am. Manhattan Civil Court Room 428 (check the room. Rooms change). 111 Centre Street, New York City. All interested parties and Manhattan Club Owners are invited to attend.

Irene Smalls

Cant be there. Wising you the best of luck and outcome!

Good Luck Irene! I pray you prevail in this long journey.

irenes93 wrote:

My Civil Lawsuit for $25,000 against The Manhattan Club is finally going to trial Wednesday Dec. 11, 2019 at 9:30 am. Manhattan Civil Court Room 428 (check the room. Rooms change). 111 Centre Street, New York City. All interested parties and Manhattan Club Owners are invited to attend.

Irene Smalls

FYI....When exploring ways to transfer my TMC ownership, I received the following document from TMC administrators:

THE MANHATTAN CLUB’S LIST OF REQUIREMENTS TO TRANSFER OWNER RECORDS

The following documents are required in order to transfer title from one owner to the next. Documents can be prepared by an attorney, broker, or closing agent as this is not a service offered by The Manhattan Club. Copies of the new RECORDED owner-executed documents must be submitted to The Manhattan Club to reflect change in ownership.

1. Deed 2. Condominium Power of Attorney 3. Timeshare Power of Attorney 4. Smoke Detector Affidavit 5. Affidavit in Lieu of Registration Statement 6. NYC Real Property Transfer Tax Return 7. RP-5217 NYC 8. IT-2663 Form (Only if Non-Resident of NY) 9. Trust Affidavit- if applicable

• Original Waiver of Right of First Refusal – completed with Buyer’s or Grantee’s information

• Original Authorization for Maintenance Fees and Real Estate Taxes – COMPLETED WITH PAYMENT INFORMATION

• $1,000.00 - Resale Transfer Fee made payable to THE MANHATTAN CLUB TIMESHARE ASSOCIATION or • $100.00 - Gift or Name Change Transfer Fee made payable to THE MANHATTAN CLUB TIMESHARE ASSOCIATION

• Check for outstanding Maintenance Fees and Real Estate Taxes made payable to: The Manhattan Club (separate check) if applicable & check for outstanding mortgage made payable to Lender if applicable.

• Copies of all of the above must be mailed to Wanda S. DeYong at The Manhattan Club, Financial Services, 112 North Courtland Street, East Stroudsburg, PA 18301.

Items 4-8 must be generated through the City Registers database.

City Registers office website: ACRIS www.nyc.gov/html/dof/html/jump/acris.shtml

First American Title Insurance Company of New York 633 Third Avenue New York, NY 10017-6706 16th Floor Attn: Laura Sanossian or Andrew Batres

Any questions please feel free to contact:

Danielle T. Cipriano Sheila Downs The Manhattan Club Manzo & Associates 200 West 56th Street 352-978-9630 New York, NY 10019 Sheila@wdowns.com 212-453-8756 daniellec@tmcny.com

tmc owners,

if i read the following correctly, owners wanting to GIVE BACK their shares need to PAY TMC TO DO SO!

"• $1,000.00 - Resale Transfer Fee made payable to THE MANHATTAN CLUB TIMESHARE ASSOCIATION or • $100.00 - Gift or Name Change Transfer Fee made payable to THE MANHATTAN CLUB TIMESHARE ASSOCIATION"

their generosity is overwhelming!

.....please correct me if i read the text quoted above in error.

The $100 check we received a few weeks ago was written from The Manhattan Club Timeshare Association's account.

How can I deed back my MC timeshare. What's the address I should send it to and to the attention of whom?

Thanks in advance,

Regards,

Guillermo

Would this be the same account as the Homeowner's Association - would this be the same account where our maintenance fees are paid? And if so, then when the timeshare is turned in and resold, would the sales proceeds go back to our Homeowner's Association?

How long did it take from submission of buy back documents to the Manhattan Club and receipt of the $ 100.

We got a phone call in Nov 2018 to say I would be getting an email offering a deed back. We did not request this but was in arrears in the maintenance fees. The email came and we responded that we were interested. The paperwork came in and was returned in May. The check arrived in Nov 2019, so it took a full year. The records on the Acris website still haven't been changed.

Thank you. I submitted the documents three months ago. Looks like I have three additional months to go.

francism61 wrote:

How long did it take from submission of buy back documents to the Manhattan Club and receipt of the $ 100.

I am going on over 5 years, still awaiting my $100 which I was told today is in the hands of the accountants.