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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100052
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Timeshare is trying to foreclose payment of maintenance

Customer Question

Timeshare is trying to foreclose for non payment of maintenance fees, but they stopped allowing use of benefits after charging non contractual fees. I have made it known that I will pay back fees but expect my use of those benefits to be returned. I need someone to mediate.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.

Hello,

Where is the timeshare located?

Customer: replied 1 year ago.
Myrtle Beach, South Carolina.
Expert:  socrateaser replied 1 year ago.

I will reopen your question for others to comment. I have too many clients to accept your assignment at this time.

Please don't reply to this note, because it will slow down getting someone else engaged.

Best wishes and thanks for using Justanswer!

Customer: replied 1 year ago.
I have a Time share in Myrtle Beach, South Carolina, The system is a point base system which allows you to use your points throughout the year at any location there is a property,and they were charging me non contractual charges that I refused to pay . They then stopped allowing me use of my benefits and I stopped paying maintenance fees, and now they are attempting foreclosure. I spoke to the attorneys of record and they refered me back to Wyndam who now owns the property (as we purchased this through Fairfield Resorts) where we hold deed. I explained to them the situation and told them I will pay the maintenance fees only, but expect return of the points in lieu of payment , and they also refuse to do this. How should this be handled?
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Your previous expert has opted out and I have opted in. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Can you please tell me:

1) How old are you? (I ask because I want to see if any senior citizen legal aid is available, if applicable.)
2) Has the company actually filed for foreclosure?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
I am 55 yrs. old, and I have received a copy of pre-foreclosure.
Expert:  Ely replied 1 year ago.

Thank you.

First of all, someone in your situation want to seek legal representation. If finances are an issue, I can recommend three resources. First, here is a list of all pro bono work in the state...

http://www.abanet.org/legalservices/probono/directory/michigan.html

…and another list:

http://www.lawhelp.org

Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:

http://www.hg.org/law-schools-michigan.asp

Also, see here:

http://portal.hud.gov/hudportal/HUD?src=/states/michigan/homeownership/legalaid

This can help you find counsel at low cost or free, hopefully.

There is no "right" to mediate. However the party may be open to mediate a settlement without foreclosing. But it is best to use legal counsel to approach them on this.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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