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Manhattan Club Lawsuit
dianeb655 wrote:I have no heirs; any $ left in my estate will go to a charity. Do I have to worry about TMC?
You should read the exhaustive paperwork you signed/they sent you to understand the terms of your contract. Theoretically, they could come after your estate, even if you have no heirs to collect fees. Whether that is legally/financially/time wise feasible for TMC to pursue is another matter. Plus the fact that if your paperwork does say in perpetuity, then because of the investigation and the outcome, it is doubtful they could enforce this contract due to the definition of an enforceable vs. an unenforceable contract.
Dks
tulipblossom wrote: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?
Probably so. For every legal move owners make, TMC, Bluegreen, Eichner can and does counteracts with another sleazy, marginally legal move requiring one to spend your life and money in litigation. Even if we have a morally and legally valid and compelling case - they will spend us into oblivion with their full complement of slick and persistent litigators. Hearing, appeal, hearing on the appeal, motion during appeal, schedule hearing on the appeal motion, ruling, appeal of the ruling,...ad nauseam. They even wore out the NYSAG who has teams of full time lawyers and access to unlimited funds. They just beat you down. It’s the NYC way with real estate moguls.
Dennis C.
maybe letitia james, the current new york state attorney general, can offer assistance in our continuing dilemma with TMC and now its new cohort, BLUEGREEN. it's assumed that she or members of her staff are familiar with our case as when it was with the former nysag, eric schneiderman. his infamous SETTLEMENT left us with about $50 each (if that, and not for all of us defrauded and shammed TMC owners.) that was laughable, or cryable according to your state of mind.
perhaps she can take charge and not allow the slick nyc lawyers as much leeway as they had in the past with the former nysag. she doesn't appear to be the type of official who will allow other attorneys to wear her down. of note, mr schneiderman had other personal issues to deal with as presented in the media.
dennisc283 wrote:tulipblossom wrote: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?Probably so. For every legal move owners make, TMC, Bluegreen, Eichner can and does counteracts with another sleazy, marginally legal move requiring one to spend your life and money in litigation. Even if we have a morally and legally valid and compelling case - they will spend us into oblivion with their full complement of slick and persistent litigators. Hearing, appeal, hearing on the appeal, motion during appeal, schedule hearing on the appeal motion, ruling, appeal of the ruling,...ad nauseam. They even wore out the NYSAG who has teams of full time lawyers and access to unlimited funds. They just beat you down. It’s the NYC way with real estate moguls.
Chris V.
TMC/BLUEGREEN could reorganize very quickly if they offered owners to SELL (NOT GIVE) BACK OUR SHARES, FOR CURRENT NYC REAL ESTATE MARKET VALUE, less any unpaid maintenance. on the other hand, TMC/BLUEGREEN should forgive all the unpaid maintenance fees since they broke the very contract they had us tied to; then, pay us the fair nyc real estate market value for our trusted, honest but unsuspected, fraudulent purchase. let their attorneys work on that premise.
Chris V.
IF that's the reality, then let's put that idea into action: STOP PAYING MAINTENANCE.
however, there's no guarantee of that type of negotiation happening, but it's worth taking a SERIOUS LOOK AT THE POSSIBILITY.
SPREAD THE WORD.
BETTER TERMS MEAN PAYING US OWNERS FAIR, CURRENT NYC REAL ESTATE MARKET VALUE FOR OUR TMC INVESTMENT.
BRING THIS ISSUE TO THE TABLE FOR DISCUSSION IN OWNERS' FAVOR
johnd2105 wrote:If everyone stopped paying fees today TMC would be very willing to negotiate on better terms.
Chris V.
william m,
your are precisely correct. although attny zimmerman hasn't publically indicated a change of strategy, other points of view might be worth analyzing. these TMC/BLUEGREEN issues have been so mired in... yes/no, do/don't, give back/sell back/keep, pay maintenance or not, use your paid-for time or not...it leaves one stunned. that said, standing still is not an option many want to adhere to. so let's make room for other ideas/actions and get them on the negotiating table. that's my current stance.
OR...........WHAT ELSE? i assume most are open to other possible actions/suggestions. SPEAK UP, OWNERS.
williamm465 wrote:I seem to remember, pages ago, Attorney Zimmerman suggested that it was not a good idea to stop paying maintenance. Those of you who are involved in the law suite, you must know his position on this. Care to share?
Chris V.
Remember that the settlement situation isn't final until next August 2020. It's in the third and final phase. Perhaps BG has to wait for that to happen?? Before they can do much?? Although from reviews they sound every bit as bad as the TMC. Something that seems rampant in the Time Share industry.
chrisv126 wrote:TMC/BLUEGREEN could reorganize very quickly if they offered owners to SELL (NOT GIVE) BACK OUR SHARES, FOR CURRENT NYC REAL ESTATE MARKET VALUE, less any unpaid maintenance. on the other hand, TMC/BLUEGREEN should forgive all the unpaid maintenance fees since they broke the very contract they had us tied to; then, pay us the fair nyc real estate market value for our trusted, honest but unsuspected, fraudulent purchase. let their attorneys work on that premise.
Dks
I joined John Zimmerman because by selling back for $100 u are now excluded from any possible payout. The more time shareholders that they can convince to give back less they will need to pay out at the end. However u need to be up to date with your maintenance fees.
Gary P.
gary p
"However u need to be up to date with your maintenance fees."
what's the reasoning for your above-quoted comment? i'm asking not as a challenge to your statement, but to understand why you make that a condition. i'm simply seeking facts about this mired-in-confusion issue. there seems to be no end of comments, ideas, strategies, theories with mixes of challenges, confusion, disrespect, arguing, criticism..............i could (but won't) go on.
i have also been mr zimmerman's client since nearly the beginning of his tenure as our attorney. do you recall his exact advice about paying maintenance fees or not? again, confusion rears its far-reaching head.
get back when you can.
garyp151 wrote:I joined John Zimmerman because by selling back for $100 u are now excluded from any possible payout. The more time shareholders that they can convince to give back less they will need to pay out at the end. However u need to be up to date with your maintenance fees.
Chris V.
chrisv126 wrote:IF that's the reality, then let's put that idea into action: STOP PAYING MAINTENANCE.however, there's no guarantee of that type of negotiation happening, but it's worth taking a SERIOUS LOOK AT THE POSSIBILITY.
SPREAD THE WORD.
BETTER TERMS MEAN PAYING US OWNERS FAIR, CURRENT NYC REAL ESTATE MARKET VALUE FOR OUR TMC INVESTMENT.
BRING THIS ISSUE TO THE TABLE FOR DISCUSSION IN OWNERS' FAVOR
johnd2105 wrote:If everyone stopped paying fees today TMC would be very willing to negotiate on better terms.
Remember, the basis of the Zimmerman effort is to gain access to the list of the estimated 10,000 (or however many) owners list so that the current owners group can organize itself to do such a thing. That is why TMC/BG is fighting so hard to make sure that THAT never happens.
Dennis C.
The last report from Zimmerman seemed to indicate some sort of agreement on the" list of owners" and he is now preparing suit for some to receive $$ for the fraud. I do recall him saying not paying mtce fees was not a good idea. Maybe Irene's trial next week will open up a can of trouble for Eichner et al. OR that may be wishful thinking. Yes the 3 years for Eichner to be involved w operating the place will be up next summer, but so many have taken the $100 offer" buy back in lieu" that Blue Green will have enough to sell for years and years, and how can they sell any with mtce fees as high as ours are currently. Seems like something has to give! But I wonder if anything fair can ever come from Blue Green, given their reputation is in line with Eichners.
Dru M.
drusillam,
you're so right about a specific note:
eichner/bluegreen, nearly indistinguishable in thought and deed, both fraudulent.
drusillam2 wrote:The last report from Zimmerman seemed to indicate some sort of agreement on the" list of owners" and he is now preparing suit for some to receive $$ for the fraud. I do recall him saying not paying mtce fees was not a good idea. Maybe Irene's trial next week will open up a can of trouble for Eichner et al. OR that may be wishful thinking. Yes the 3 years for Eichner to be involved w operating the place will be up next summer, but so many have taken the $100 offer" buy back in lieu" that Blue Green will have enough to sell for years and years, and how can they sell any with mtce fees as high as ours are currently. Seems like something has to give! But I wonder if anything fair can ever come from Blue Green, given their reputation is in line with Eichners.
Chris V.
Blue Green is buying back for $100 is simple. They are increasing their inventory for basically the cost of the closing costs and then can rent out that same unit over and over again to visiting tourists. It’s a shame that owners have succumbed to their deceitful places however I understand that some owners want to rid their hands of years of non paid maintenance fees. The thought of leaving this debt to their families can become very emotional and troublesome. Hopefully John Zimmerman will find an answer other I will be on line to get rid of this awful investment for $100!!! Never should have bought into this timeshare. The old saying is try and learn by your mistakes!
Gary P.