General Discussion

Getting out of contract: past recission period

Sep 28, 2011

Help me out. Please. Purchased timeshare from Orlando, Florida Hilton going on 90 days ago. Financed through Hilton. Have not received anything past the welcome package. Called to use the program. Can't use the program. The loan (mortgage) is not cleared according to their computer (there's no loan on my credit report). I am dizzy with cancellation company research. Everyone wants an upfront fee for their "product". Guaranteed cancellation out of the time share contract and this pending loan agreement is what I'm looking for, but is it possible? Is their really no way? Is there really no honest company PCC or otherwise that does this work? I eed truthful help. JayJay? Anybody?


Al R.
Sep 28, 2011

I'm not JayJay but here's my best advice. Since you've past your 10-day rescission period, it's too late to cancel. Since you still have a mortgage owing on it, it's going to be next to impossible to get someone else to take over the ownership.

Your best bet right now is to pay the mortgage off as quickly as possible. While you are still the owner, try to "make lemonade out of lemons". IOW, try to use your timeshare. If you can not use it, try renting it out for some money to recoup some of the maintenance fees. Then, try to sell it or give it away. I hate to be the bearer of bad news but that's the reality of the situation.

And, since you asked, I will give this very important piece of advice. Never, ever pay anyone a large, upfront fee to sell, rent out, market, or "get you out" of your timeshare. There is no such thing as a "guaranteed cancellation". You can not "cancel" a timeshare beyond the 10-day rescission period (in Florida). The only way to "cancel" is to get someone to willingly buy it or take over ownership.


Lance C.
Sep 29, 2011

Even though here it is 90 days later and I can't use the program because the loan hasn't cleared? *sigh* I should call them and say "where is my loan?"? they can take as long as they please to clear a loan? I haven't paid on this TS yet because there has been no payment to make. I thought that the loan issue was a fine detail I could use to quit. No?


Al R.
Sep 29, 2011

alr76 wrote:
Help me out. Please. Purchased timeshare from Orlando, Florida Hilton going on 90 days ago. Financed through Hilton. Have not received anything past the welcome package. Called to use the program. Can't use the program. The loan (mortgage) is not cleared according to their computer (there's no loan on my credit report). I am dizzy with cancellation company research. Everyone wants an upfront fee for their "product". Guaranteed cancellation out of the time share contract and this pending loan agreement is what I'm looking for, but is it possible? Is their really no way? Is there really no honest company PCC or otherwise that does this work? I eed truthful help. JayJay? Anybody?

As lance stated above if your loan goes through then it'll be too late to rescind. What are the chances your loan will go through? Is your credit score healthy? If it's not, this may be one time that you're glad it's not.


R P.
Sep 29, 2011

Well, it was healthy enough when I signed for the loan and the interest agreement. They ran my credit report then and there. Todate there is no additional loans on my credit report. There is no one asking me for money on this TS. Because the loan is not active, I cannot use the TS.

Should I call Hilton and say "Hey, where is my loan?"?

Tell me, somebody, this Susan Budowski. She is the last "consumer advocate" I contacted. Haven't heard from her yet. Will I just be more frustrated?


Al R.
Sep 30, 2011

alr76 wrote:
Well, it was healthy enough when I signed for the loan and the interest agreement. They ran my credit report then and there. Todate there is no additional loans on my credit report. There is no one asking me for money on this TS. Because the loan is not active, I cannot use the TS.

Should I call Hilton and say "Hey, where is my loan?"?

Tell me, somebody, this Susan Budowski. She is the last "consumer advocate" I contacted. Haven't heard from her yet. Will I just be more frustrated?

Something seems fishy here. It shouldn't take 90+ days for a developer timeshare financed through the developer to close, especially since they checked your credit score that day. I don't know if you should wait it out and hope that it doesn't go through or call them with questions.


R P.

Last edited by jayjay on Sep 30, 2011 08:01 AM

Sep 30, 2011

BTW, never heard of a Susan Budowski.


R P.
Sep 30, 2011

Fishy indeed.

*sigh*

Jesus Wept!


Al R.
Sep 15, 2015

I contacted several attorneys and finally settled on attorney Susan Budowski. Susan contacted the timeshare Vacation Village folks, sent them a "demand to let us letter." it has been almost three months and no response from timeshare,but Susan was able to get farther than we ever did. We had tried to reach the lead salesperson for a year, and he finally called us back after Susan contacted them. We are still paying, but hopefully Susan will get us out and our money back. She is very knowledgeable, confident, and has her act together. She was on top of everything-something I like in attorneys. She also kept us informed of the status - she never kept us hanging.

Waiting to see what happens...


Deb C.
Sep 16, 2015

How much money have you thrown away on your attorney so far ? NEVER pay anyone money upfront to get you out of your contract. Scam attorneys and paralegals are the new scam in the industry. They can't do anything more than you can do yourself with a little effort. I got rid of two timeshares in 2011 by working with the HOAs. I negotiated two buybacks and only paid a minimal fee to process the paperwork and it took less than a month to complete. If you want to throw your money away on a fast talking attorney than knock yourself out. Check with the bar association and Google the attorney's address to make sure it's not just a website and a postal drop box if you decide to risk your hard earned money on this scam.


Don P.
Oct 19, 2015

I'm trying to handle getting out of my timeshare myself and I see you mention the letters HOA that you was dealing with. What is that?

donp196 wrote:
How much money have you thrown away on your attorney so far ? NEVER pay anyone money upfront to get you out of your contract. Scam attorneys and paralegals are the new scam in the industry. They can't do anything more than you can do yourself with a little effort. I got rid of two timeshares in 2011 by working with the HOAs. I negotiated two buybacks and only paid a minimal fee to process the paperwork and it took less than a month to complete. If you want to throw your money away on a fast talking attorney than knock yourself out. Check with the bar association and Google the attorney's address to make sure it's not just a website and a postal drop box if you decide to risk your hard earned money on this scam.


William F.
Oct 19, 2015

I got rid of two timeshares in 2011. I contacted the resorts and told them in no other terms that I was going to get rid of them with or without their assistance and that it was in their best interest to work with me. I was current in all my fees and assessments. They agreed and it took a few weeks and I only had to pay minimal filing fees. I made many phone calls and made sure I talked to the party that handles those matters. Don't email or write letters. Be persistent and make sure you contact the right party. Instead of paying someone money upfront and worrying about being ripped of I decided to do the leg work myself.

I made it my priority to rid myself of those properties and if they didn't agree to the deed backs I would have transferred them out of my name and they would have to worry about losing maintenance fees and the cost of legal fees only to end up with the title back in their name. Sometimes you have to fight your own battles and stick to your guns. The scammers prey on people who won't fight their own battles.


Don P.
Dec 03, 2017

Hi - I would love to hear how things are going with the attorney you selected, Susan Budowski. Can you provide an update?


Jennifer G.
Dec 03, 2017

jenniferc915 wrote:
Hi - I would love to hear how things are going with the attorney you selected, xx (name deleted)xx. Can you provide an update?

You are responding to a post that is well over two years old now. That fact aside...

A "demand letter" is completely pointless and meaningless, regardless of whether it originates from an attorney or directly from an owner. NO ONE can just simply "demand" their way out of a legally binding contractual obligation which they once CHOSE to voluntarily enter of their own free will. Attorneys do not possess any magical powers or secret processes that can somehow make that indisputable legal fact disappear.

Meaningless "demand letters" are what some of the (useless but expensive) upfront fee "exit / rescue / escape / relief" outfits send (such as Timeshare Exit Team, etc.). Any and all such "demands" are usually just completely ignored, since the recipients know that such "demands" are nothing more than empty and meaningless acts of desperation. By the way, the timeshare companies have their own well paid, highly competent legal counsel; you can rest assured that they are not at all impressed or influenced by meaningless and and empty "demands" from ANY source.

People who want "out" can (and should) make the effort to attempt to negotiate a "deedback". That effort does not require an attorney --- and an attorney is no more effective than an owner in requesting acceptance of a "deedback". All bets are off if there is still a unpaid loan balance, of course. NO timeshare entity will consider deedback acceptance if there is still an unpaid loan balance or any unpaid maintenance fees. If you want to throw money at an attorney, that is certainly your prerogative. Many will surely be happy to accept it --- and then proceed to do nothing for you that you couldn't easily do for yourself with a little time and effort --- for free. Then again, it's your money, your choice and your decision. Good luck.


KC

Last edited by ken1193 on Aug 01, 2018 04:28 PM

Aug 01, 2018

Hi I know this is an old post, however I am just seeing it for the first time and hoping you can give me some guidance. I see you say you got rid of 2 timeshares. I recently purchased a timeshare last December while in Punta Cana and was promised a free vacation for myself and my 3 children as well as a guest each to Jamaica. I saw the promise in the contract under gifts when I signed the purchase. However now looking closely through my copies of the contract at home I do not see it here and I tried to call them out on it (the sales person whom gave me his contact and is no longer with them) agreed that was part of the deal but the club is denying it. I want to get out of the contract and am wondering what steps you took to be successful. I am hoping you can reply to this. Regards ...


Tracee B.
Aug 01, 2018

If you are a U.S. or Canada citizen, you can choose to simply pay nothing further and just walk away. Those deceitful operations in Mexico and / or the Dominican Republic have absolutely no legal leverage or "reach" anywhere outside of their own country.

In walking away, you would obviously forfeit any and all deposit or fees already paid, but there is no good reason to send those thieves another dime. You are never going to get any money back. At some point, they will just cancel your "membership" (you don't actually own anything there, you merely have a "right to use" membership contract) and they will just keep whatever money you have paid so far and write you off. They know that the next unsuspecting "customers" are coming around the corner tomorrow, ready and willing to sign on the dotted line.


KC

Last edited by ken1193 on Aug 03, 2018 11:26 AM

Sep 23, 2018

Hi Ken,

I have signed a contract and purchase a membership for 58k on 8/8 and just found out half of the contract was a lie and now want to cancel the contract but it has been 45 days since I sign it. The reason it took me so long b/c I have to wait 45 days to be able to book the hotel and now just found out it was a lie. So I do not want to make anymore payment I can just not paid ? Will that ruling my credit? Please advise . I am so stress out right now I bought a real club playa del Carmen . ( at the royal playa del Carmen)

Thanks


Nara C.

Last edited by narac2 on Sep 23, 2018 04:44 PM

Sep 23, 2018

How much have you paid so far and how much more do you owe?


Lance C.
Sep 23, 2018

I paid $12330 for down payment and made one month payment of $980 and still owe 45k . I am thinking just go ahead and make payment and try to make a lemonade out of lemon. I get to have 900 weeks of all inclusive fir life time and can transfer to my kids. They have 18 in house resort including Jamaica and Dominican replublic. Thank you fir your reply . Please advise. I am a US citizen . I am concern about ruling my credit Regards,


Nara C.
Sep 23, 2018

Basicky I just get a discount 40-50% discount when booking. But the main reason I bought the membership is b/c they told us that they have partner with over 200000 hotel around the world and we only have to pay taxes and services fee fir the maximum of $800/week and when I call to book a hotel for my kids it did not save me any money. Their price is even higher than when my son call the hotel and make the reservation himself.


Nara C.

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