unable to give away timeshare-need lawyer?

has anyone heard of Mitchell Sussman, a lawyer in CA who claims he can get one out of a timeshare contract when the resort refuses to allow an owner to give it back?

maureent70 wrote:

has anyone heard of Mitchell Sussman, a lawyer in CA who claims he can get one out of a timeshare contract when the resort refuses to allow an owner to give it back?

I personally have never heard of him. There are a lot of law firms out there with similar claims, Basically, what this lawyer is going to do is negotiate with the resort to somehow take your unit back. Can you do that yourself without having to pay this lawyer a huge fee? Have you tried negotiating with the resort? Try offering to pay the closing costs plus the next maintenance fee. That will probably work out cheaper than paying a lawyer to maybe accomplish the same thing.

Another thing you can try is to list your unit for sale or giveaway on sites such as here on RedWeek, E-Bay, Craigslist, My Resort Network, Bid Shares, or TimeShare Users Group (aka "TUG"; tugbbs.com). On TUG, there is a Bargain Deals section where you can advertise that you simply want to give your unit away. Just follow the directions and suggestions at the top of that page. If you're really serious about giving it away, as an incentive, offer to pay the closing costs (about $200-$300) and even the next maintenance fee for the new owner.

NEVER pay anyone money upfront that claims they can get you out of your contract. Phony attorney and paralegal services are a scam in the industry. If you do decide to risk your hard earned money on one of their schemes check out the attorney first. Make sure they are licensed and actually have an office that someone can walk into rather than just a website and a postal drop box. There are many tools on the internet available to research them before you part with your money.

I did try to talk to the resort. They claim the resort has been sold to another resort, and they never take back units any way, for any reason, even if I pay all closing costs.

maureent70 wrote:

I did try to talk to the resort. They claim the resort has been sold to another resort, and they never take back units any way, for any reason, even if I pay all closing costs.

Well if that's the case, what makes you think that this lawyer you're talking about is going to convince the resort to take the unit back? Try writing a letter to the Homeowners' Association explaining your situation (perhaps you just talked to a person at the front desk on the phone) and also offer to pay the next maintenance fee. If you can be patient, you might want to wait until the sale of the resort has been finalized.

If that doesn't work, try advertising that you want to give your timeshare away.

Hi Maureen,

I've been scouring the internet for someone with real results. Did you ever use Mitchell Sussman?

maureent70 wrote:

has anyone heard of Mitchell Sussman, a lawyer in CA who claims he can get one out of a timeshare contract when the resort refuses to allow an owner to give it back?

NEVER pay anyone money upfront that claims they can get you out of your contract including an attorney that you " heard about " on the internet !!

alisag17 wrote:

I've been scouring the internet for someone with real results.

What results are you looking for? What are you hoping a law firm can do for you that you can't do for yourself (for a lot less money)?

where is it and more info

Hello Sir,

I know a very good timeshare attorney and feeling glad to tell you that "TimeSharePros" is a group of expert lawyers that can handle all kinds of timeshare issues.They will help you for resolving your all problems relevant to finanance, tax, credit card repair due to timeshares.

This post is basically two things: 1. Pure, unadulterated b*ll$h!t from a posting shill, and...... 2. Prohibited advertising placed inappropriately into the RedWeek discussion forums (until moderators see it and either delete the lame "referral" or remove the shill post entirely).

The plain and simple truth is that NO lawyer on Planet Earth can do anything whatsoever about the indisputable fact that timeshare ownership is a legally binding contractual obligation into which the owner once CHOSE to voluntarily enter of their own free will.

Outfits like the one inappropriately promoted in the shill post quoted above can actually do nothing more than provide suckers who pay them money with recommended forms or letters to send to the resort, basically requesting that the resort voluntarily accept a "deedback". You don't need to pay ANYONE a penny to do that simple task for you --- do it yourself for free. Most resorts will not entertain deedback requests anyhow --- and rest assured that a resort HOA does NOT care even one little bit if such requests might come from (or reference) an attorney or some powerless and useless "timeshare escape" outfit taking advantage of desperate people who just want "out" of their timeshare ownership. A HOA position on "deedbacks" simply is what it is and not subject to ANY outside influences or empty "threats". Like it or not, the law is clearly and completely on THEIR side.

In many instances, these so-called "escape / relief / rescue / exit" outfits take people's money and then do absolutely NOTHING. When foreclosure later inevitably occurs, they can simply say "See? Now you are out" (although they actually had nothing to do with the fact that foreclosure was inevitable anyhow).

There is an old saying that "A fool and his money are soon parted". Please do NOT become one of those people who continue to prove this saying to be true --- over and over again.

NO attorney, regardless of how skilled or competent s/he may be, has any "magic elixirs" or "secret processes" to enable someone to unilaterally ignore a legally binding contractual obligation into which that person once freely and voluntarily CHOSE to enter. Period.

maureent70 wrote:

has anyone heard of Mitchell Sussman, a lawyer in CA who claims he can get one out of a timeshare contract when the resort refuses to allow an owner to give it back?

For whatever it's worth, I recently watched a videotaped interview with Mitchell Sussman. My impression was that he challenges some "vulnerabilities" or "loopholes" he apparently believes exist in applicable California statutes. However, unless you and your timeshare are IN CALIFORNIA, I am entirely unclear about what he could possibly even try to do for you.

The simple fact is that NO resort ANYWHERE is EVER actually obligated to accept "deedbacks", unless the resort HOA voluntarily and willingly chooses to do so.

Tellesa is a SCAMMER trying to steer people to this attorney SCAM !! Don't fall for this SCAM !!! NEVER pay anyone money upfront that claims they can get you out of your contract especially a low life law firm that lowers itself to posting false advertising in the forum. I reported this SCAM posting to Redweek to have it removed and Tellesa will be notified if she she tries it again she will be blocked from the forums .

You know what Ken........ anyone stupid enough to send money to the SCAM outfits deserves to lose their hard earned money !!

Yes, Ken & DonP , I was one of those " Fools who parted with his money" in 2008 by voluntarily purchasing a timeshare (a total of $16,000. spent over time) It wasn't worth it! I've discontinued all payments mortgage & maintenance 3 years ago. Ken, I agree the law is on their side. Well the law needs to be amended. No, I can not get rid of the timeshare by a $1.00 price tag, free or donating it to charity. You'd have to be an idiot to accept it and I would have to be a devious person to unload it on anyone. Yes DonP I put in a post a few years ago and foolishly mentioned one of those companies by name. After which you replied and accused me of being a "shill". No Sir' I am not." Never pay anyone money up front that claims they can get you out of your contract" is your battle cry. I GET IT! You've posted that many times. My only ray of hope to be free of this worthless garbage is that the Attorney General in my state has been conducting a fraud investigation into the resort (same state) for the last 3 years due to numerous complaints. For the last 3 years the resort has been unable to sell or foreclose or take back the timeshares by a court order until the investigation is over. The owner has a team of high-powered lawyers who along with the Attorney General keep post-phoning & delaying the court dates.The owner himself has avoided making any appearances at any of these proceedings and the lawyers on both sides along with the judge have changed over the course of the investigation. Stupid mistake on my part to make this purchase?? YES , I ACKNOWLEDGE IT!

Strictly hypothetical : Say you were to go and stay at your home resort and one day while you driving around you noticed some homeless people milling around. Being the compassionate person that you are you decided to do a humanitarian thing. You offered one of them your week at the resort to spend inside and out of the element . You offered to take him or her to a notary public and donate your timeshare to him or her through a quit claim deed . To add to your generosity you paid their first years maintenance fees so they could enjoy their first stay on you and you could sleep better at night knowing you helped someone in need .

Once the deed has been transferred out of your name then it will be up to the new owners to pay the future expenses and everyone lives happily ever after . The story has a happy ending and just maybe the establishment will realize that the average person can be creative beside generous.

Food for thought .

donp196 wrote:

Strictly hypothetical : Say you were to go and stay at your home resort and one day while you driving around you noticed some homeless people milling around. Being the compassionate person that you are you decided to do a humanitarian thing. You offered one of them your week at the resort to spend inside and out of the element . You offered to take him or her to a notary public and donate your timeshare to him or her through a quit claim deed . To add to your generosity you paid their first years maintenance fees so they could enjoy their first stay on you and you could sleep better at night knowing you helped someone in need .

Once the deed has been transferred out of your name then it will be up to the new owners to pay the future expenses and everyone lives happily ever after . The story has a happy ending and just maybe the establishment will realize that the average person can be creative beside generous.

Hopefully this is strictly hypothetical because there is at least one problem with this scenario. Some resorts, before accepting new owners on a deed are requiring ID and a credit check to avoid transfers like the one you mentioned above.

Interesting concept but probably would not fly.

donp196 wrote:

Strictly hypothetical : Say you were to go and stay at your home resort and one day while you driving around you noticed some homeless people milling around. Being the compassionate person that you are you decided to do a humanitarian thing. You offered one of them your week at the resort to spend inside and out of the element . You offered to take him or her to a notary public and donate your timeshare to him or her through a quit claim deed . To add to your generosity you paid their first years maintenance fees so they could enjoy their first stay on you and you could sleep better at night knowing you helped someone in need .

Once the deed has been transferred out of your name then it will be up to the new owners to pay the future expenses and everyone lives happily ever after . The story has a happy ending and just maybe the establishment will realize that the average person can be creative beside generous.

Food for thought .

Not at all hypothetical is the fact that, however you try to "spin" it, the above "hypothetical scenario" would be a (potentially criminal) act of pre-planned, deliberate and willful fraud, for which the hypothetical "creative" grantor could perhaps even be prosecuted, with the fraudulent transaction and deed at least being voided by court order and our hypothetical "creative" wannabe "grantor" AGAIN becoming the deeded owner of record --- in addition to unwisely and avoidably bringing unnecessary new legal problems upon himself / herself.

This hypothetical scenario, while interesting, is not good "food for thought". It is instead a ill considered and dangerous idea that would be much better promptly regurgitated.

I have to respectfully disagree with you Ken . No one can get inside someone's mind and see what their intent is . It makes we wonder when a rich person uses someone else's money to gamble on a investment or business deal and loses and then takes a tax write off of almost a billion dollars he is considered a genius and can even go on to be elected to a high position in a country. When a wealthy businessman uses a " loophole " to avoid paying his fair share of taxes he gets praises from his colleagues but when an ordinary person finds a " loophole " that works for him he is called a criminal. The hypothetical solution has a few twists . It could be anyone that is willing to take the timeshare off your hands including someone that has absolutely nothing to lose .

I challenge you to show me anything in a contract that states that the owner has to check the credit of the person they transfer ownership to . The resort may have the right to first refusal that actually works in the owners behalf. The resort can take back the property and that is a win win for everyone. As far as requiring ID that's not a problem because you are transferring ownership to is a real person and it will be notarized and perfectly legal.

If anything you should be condemning the deceitful practices that the developer uses to push their products by selling them to people who they hold hostage for hours with the promise of a gift to wear them down to sell them something that is virtually worthless on the open market the moment they walk out the door.

I will not advise anyone to do anything illegal but since I believe in freedom of speech that I served this country to defend I will keep the conversation open and bounce ideas off people to help others. I think that is the purpose of the forums .

donp196 wrote:

I have to respectfully disagree with you Ken . No one can get inside someone's mind and see what their intent is. ..... The hypothetical solution has a few twists . It could be anyone that is willing to take the timeshare off your hands including someone that has absolutely nothing to lose .

I challenge you to show me anything in a contract that states that the owner has to check the credit of the person they transfer ownership to . The resort may have the right to first refusal that actually works in the owners behalf. The resort can take back the property and that is a win win for everyone. As far as requiring ID that's not a problem because you are transferring ownership to is a real person and it will be notarized and perfectly legal.

I will not advise anyone to do anything illegal but since I believe in freedom of speech that I served this country to defend I will keep the conversation open and bounce ideas off people to help others. I think that is the purpose of the forums .

I'm not going to engage in a "back and forth" debate of this "hypothetical". You make some interesting points and you are certainly free to express them. This is, after all, a discussion forum by design and intent. I've served my country too by the way, although that fact is completely irrelevant to the content and substance of the conversation at hand.

You suggest that somehow I should be "condemning" timeshare developers. That's not my role or job and it's not at all constructive to just throw stones. Timeshare ownership is a contractual obligation, voluntarily accepted. People who have freely and voluntarily CHOSEN to pay significant chunks of their hard earned money to lying timeshare developers are responsible and accountable for their own choices and decisions. Personally, I thoroughly despise the slimy and deceitful likes of Westgate, Wyndham, DRI; I have nothing but unmitigated contempt for them --- but my personal opinion is neither relevant nor useful to the discussion of contractual obligations or to the "hypothetical" scenario you've presented. People make their own decisions and choices, good or bad. All that can be done in a discussion forum like this is try to help inform and warn others and I do my level best to do precisely that. Unfortunately, far too many people make a bad timeshare purchase decision, then proceed to just ignore the rescission opportunity available to them (by law, with written instructions handed right to them at the time of contract execution), then later seek to "escape" AFTER it is already too late to help them. That's unfortunate, but it's a harsh reality that neither you nor I can somehow magically reverse.

There are specific elements to a fraud case. The issue you mention of "credit worthiness" would be completely and absolutely irrelevant to the case in your hypothetical scenario. The issue of substance would simply be that the "grantor" would have known full well (very easily proven from retrievable payment records) that there are contractual annual fee obligations associated with the timeshare ownership and your "homeless grantee" would know no such thing (also very easily proven from his / her statement and / or testimony). Therein lies the fraud; no informed or valid "acceptance", entire transaction and deed easily voided. Slam dunk.

Likely to actually be prosecuted? No. Reversal of the fraudulent transaction right back to the would-be "grantor"would surely suffice to promptly reverse and resolve the matter.