Manhattan Club Lawsuit

A message Jean Zimmerman sent me on 11/11/19. He’s still active with the lawsuit!!

Good Morning,

The status conference in the Tucker case held on Wednesday, November 6, 2019 went very well.

The Court previously found in the decision it issued on September 19, 2019 that TMC failed to demonstrate that Mr. Tucker had an improper purpose either in 1) requesting the member list, or 2) in seeking to organize members for possible action by his counsel against TMC's management. To ensure that it has considered a complete record in deciding how to respond to Mr. Tucker's requests - including how any relief granted should be structured - the Court will allow TMC to depose Mr. Tucker to question him (including about his purpose in seeking the list) which will happen in the near future. However, this also gives Mr. Tucker the right to further investigate the bad intent and malfeasance by TMC's management.

The parties are scheduled to return to Court for a conference in January 2020 at which time more details as to a final resolution of Mr. Tucker's request should be available.

Thanks,

Jean-Marc Zimmerman Zimmerman Law Group 233 Watchung Fork Westfield, NJ 07090 T: (908) 768-6408 F: (908) 935-0751

i have full confidence that attny jean-marc zimmerman is working effectively to satisfy his TMC clients' needs/end results vs TMC/BLUEGREEN. please consider joining his lawsuit to strengthen our case even further.

I totally agree and have been a member for several years now - this is our only option so if you haven't joined yet, I urge you to do so. The status quo is not acceptable -- either just continue to complain and do nothing, give back your timeshare, or join the lawsuit. Those are your 3 options as I see it.

Does out there know anyone who bought at TMC in 2001 - 2003? Thanks in advance for your help.

Irene Smalls

My 89 year old mother received the paperwork in the mail to turn the timeshare back over to TMC. She decided that since she owed too much in maintenance fees and wouldn’t be able to sell it, this was the best way out. She doesn’t want to leave her daughters with any liabilities after she’s gone. She also talked it over with her lawyer who recommended doing that as well. She doesn’t feel like she has time to wait for this lawsuit. This is just her personal decision and other people should go for the lawsuit if they can.

Hi Maryjean,

I definitely understand how your mom feels. The thought of leaving this losing asset to my 3 daughters terrifies me as well. I am praying that Jean Zimmerman can find a silver lining through all this deceit by the MC. The maintance fee has become unaffordable and I always find a way to pay it for the last 15 years. I’m only 61 so I have a little time on my side but every time I receive my yearly maintenance invoice my blood boils watching it steadily rise. The board needs to find other ways to offset rising costs rather than penalizing the timeshare owners. I’m sure non payment from other owners and forgiveness of outstanding debt if an owner gives timeshare back for $0 has effected the rising costs. There will be a time where I to will stop paying and needing to make the same decision but for now I’m praying that Jean Zimmerman can find a way for us to recoup some of our asset and lost monies to exorbitant maintenance fees. Stay tuned.........

There is another option Gail J. Continue to use and enjoy TMC. I don't blame anyone who doesn't pay the maintenance fees. I don't blame anyone who joins the lawsuit. just stop belittling those of us who don't agree with you and continue to use and enjoy TMC. If you feel you made a mistake way back when, do your best to rectify the situation.

tulipblossom wrote:

I totally agree and have been a member for several years now - this is our only option so if you haven't joined yet, I urge you to do so. The status quo is not acceptable -- either just continue to complain and do nothing, give back your timeshare, or join the lawsuit. Those are your 3 options as I see it.

William - of course, you are welcome to continue to enjoy your stay at the Manhattan Club but I would like to remind you, this entire web site is titled "Manhattan Club Lawsuit" and it was set up to be a site for people to discuss the lawsuit. So, you can also set up a website - maybe entitle yours "I have no complaints with the Manhattan Club". Just saying.

Gail J, I was just pointing out an error in a post. There are four choices, not three. It is typical these days. You don't want to listen to people with whom you disagree. Why would you assume I have no complaints with TMC? As I said before, I hope everyone gets what they want. If you have difficulty using your week, I hope you win the lawsuit. If you want to sell out for $100, I hope you can. Don't be so sensitive. (Didn't you mean just sayin?) HAPPY THANKSGIVING TO ALL!!

ahhh, yes william m465

your most meaningful words: " HAPPY THANKSGIVING TO ALL!!"

...........from the heart.

chirs

williamm465 wrote:

Gail J, I was just pointing out an error in a post. There are four choices, not three. It is typical these days. You don't want to listen to people with whom you disagree. Why would you assume I have no complaints with TMC? As I said before, I hope everyone gets what they want. If you have difficulty using your week, I hope you win the lawsuit. If you want to sell out for $100, I hope you can. Don't be so sensitive. (Didn't you mean just sayin?) HAPPY THANKSGIVING TO ALL!!

You're all missing the 5th option about which I have written at least twice over the last year. Keep your timeshare(s), use it or not, refuse (or not) to pay the maintenance, and then if you think that your family members would be burdened by a costly and unwanted "asset" upon your death, include in your Will a residuary provision bequeathing your MC interest(s) to the State of New York. Steven W. (Esq.)

chrisv126 wrote:

ahhh, yes william m465

your most meaningful words: " HAPPY THANKSGIVING TO ALL!!"

...........from the heart.

chirs

williamm465 wrote:

Gail J, I was just pointing out an error in a post. There are four choices, not three. It is typical these days. You don't want to listen to people with whom you disagree. Why would you assume I have no complaints with TMC? As I said before, I hope everyone gets what they want. If you have difficulty using your week, I hope you win the lawsuit. If you want to sell out for $100, I hope you can. Don't be so sensitive. (Didn't you mean just sayin?) HAPPY THANKSGIVING TO ALL!!

Stevenw, What if the state of NY refuses the bequest? Is that not a possibility?

williamm465 wrote:

Stevenw, What if the state of NY refuses the bequest? Is that not a possibility?

Would love to know the answer to this question as I am currently working with my lawyer to bequeath the time share to the state of NY, per you're advise. Thank you.

Remember heirs do not have to take all or part of an inheritance. If a timeshare is part of an inheritance they can refuse it, as long as they don't use it.

That was my understanding. If this is the outcome, who will be the owner of and be responsible for the timeshare, the estate?

what about the phrase "in perpetuity" in the MC deed? can family still refuse to inherit?

This is a quote I found on RedWeek awhile ago:

To all those inquiring about your heirs being saddled with this albatross: I have been a practicing estates lawyer in NY for nearly 50 years. The information given to you by Laura (I believe her name was) was basically correct: your beneficiary cannot be “forced” to inherit (and therefore have to pay for maintenance etc.) for the timeshare. The legal route is to execute a disclaimer within 9 months after death, and make sure that you do NOT accept the timeshare by using it or otherwise indicating acceptance (e.g., trying to sell it as if you own it). However, each state has its own laws as to how one disclaims. ……Note though: the (resort) can then also disclaim it, so there are some further fine points legal steps that must be implemented in your Will or trust to deal with that possibility. But most definitely your heirs are NOT bound to accept the timeshare and make the payments if a proper disclaimer strategy is included in your estate planning documents.

stevenw on May 02, 2017 06:01 PM.

Also, I'm not a lawyer, but I am a former certified financial planner, and have assisted in the settlement of many estates, working with estate planning lawyers. It has been my experience that heirs can disavow most inheritances, except in Canada. In Canada the Wyndham Carriage Resorts HOA will bleed a decedent's estate for maintenance fees on a fully paid for timeshare, then sue the children and grandchildren every few years, gleefully boasting they have never lost a case.

In a similar fashion, in California, Indian Wells timeshare informed an owner they will take her to small claims court on past due maintenance fees. If they win, they then can get a judgment, garnishee wages and put a lien on your person residence. This strategy is complicated if the buyer did not buy in California as they have to cross a state line to get a judgment. They wanted to charge her three years of maintenance fees on a fully paid for timeshare - $2,700. She said she would pay one year or $900. They settled with $1,200. Since she inherited the timeshare, never used it and the family owned it for 30 years, she felt $2,700 was extortion.

The moral of the story, don't buy a timeshare without knowing this can happen.

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 inherited 2 timeshares). I copied the statement below and gave it to my lawyer. He said he could do a codicil to our will giving the timeshare back to the State of NY, but that these timeshares in general are a real hassle. On the post earlier, someone mentioned the deed in perpetuity and it seems to me that the "winning" of the lawsuit would make that a point no longer valid from a contractual standpoint since TMC defrauded people from the get go. But I am not a lawyer. Do William or Steven have a comment regarding this point.?

irenep59 wrote:

This is a quote I found on RedWeek awhile ago:

To all those inquiring about your heirs being saddled with this albatross: I have been a practicing estates lawyer in NY for nearly 50 years. The information given to you by Laura (I believe her name was) was basically correct: your beneficiary cannot be “forced” to inherit (and therefore have to pay for maintenance etc.) for the timeshare. The legal route is to execute a disclaimer within 9 months after death, and make sure that you do NOT accept the timeshare by using it or otherwise indicating acceptance (e.g., trying to sell it as if you own it). However, each state has its own laws as to how one disclaims. ……Note though: the (resort) can then also disclaim it, so there are some further fine points legal steps that must be implemented in your Will or trust to deal with that possibility. But most definitely your heirs are NOT bound to accept the timeshare and make the payments if a proper disclaimer strategy is included in your estate planning documents.

stevenw on May 02, 2017 06:01 PM.