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This is for a lawyer who keeps up to date on caselaw or articles regarding creditor actions. This is regarding a maintenance fee on a small property(time share) and a publication if available on how to handle
Submitted: 6 months ago.Category: Legal
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11/28/2017
Lawyer: legalgems, Lawyer replied 6 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,291
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 6 months ago

Hello; what state is this in regards ***** ***** what is your question please?

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Customer reply replied 6 months ago
Ct
Lawyer: legalgems, Lawyer replied 6 months ago

What is your question please?

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Customer reply replied 6 months ago
Question is regarding a timeshare I can't sell because worth is almost 0 now ( 12 k or so worth 12 years ago) and I'm stuck with high yearly maintenance fee. No possibility developer will buy back. There are many cases like mine particularly in Florida( timeshare is there)so if you don't have direct knowledge perhaps refer me to articles discussing this topic. I have also heard a donation is possible but not sure if even that would be acceptable to an organization
Customer reply replied 6 months ago
Any response?
Customer reply replied 6 months ago
Legal gems can you forward this to someone else instead of having it stall ..thanks
Lawyer: legalgems, Lawyer replied 6 months ago

I apologize for the delay; I was working remotely and this did not appear on my open question list.

it is possible to donate to charity but as you stated there are many timeshare owners who no longer want the responsibility/liability of maintenance fees so it is difficult to locate a charity willing to accept.

Additionally from a tax perspective the amount that can be deducted as a charitable contribution is the fair market value, not the purchase price.

Here is an article discussing donations.

Advisories on using a reseller:

https://www.consumer.ftc.gov/articles/0073-timeshares-and-vacation-plans#selling

(they often make promises that go unfulfilled but require a fee up front)

In order to avoid a foreclosure (authorized by statute here: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0721/0721.html - for unpaid assessments) many owners will try to offer a deed in lieu of foreclosure.

I will tag this question to make sure I see any response. thank you!

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Customer reply replied 6 months ago
I just saw this had given up on the question , thanks anyway, will provide further comments- for now: so donation is out of a question? What about a lawsuit( there would be thousands of plaintiffs) is there any basis for suing because 10-20 years people bought with other expectations , there was a substantial market value and resort companies facilitated resell. Now there is no resellers market and they place you on a list ( where you never sell) and just charge ever increasing maintenance..people are trapped because these are typically 99 yr contracts and if not paid then eventually you are placed in collections
Customer reply replied 6 months ago
10-20 years ago
Customer reply replied 6 months ago
Reseller companies are to a large degree scams, several experiences confirm this, you pay thousands, (at least hundreds if you are lucky), companies promise and then either disappear or never answer calls , so I think that's not a good route some people end up paying more for such "assistance"than the maintenance fees themselves
Lawyer: legalgems, Lawyer replied 6 months ago
that is correct about many resellers as the ftc link advises. A class action may be appropriate because those are for situations where there are many plaintiff's with a common problem with a common defendant. I am not aware of any current active cases but often once a named plaintiff (class representative ) is secured, a firm will seek other members to go forward with litigation.
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Customer reply replied 6 months ago
How can one find out, are county clerk offices say in Florida open to searches on internet?
Customer reply replied 6 months ago
I guess keep on paying to avoid credit issues but have the hope of getting something back.. do the arguments sound sort of worthy of a suit that won't be tossed out at the start: another way a contract for 99 years was signed but people were not aware of implications of a total market collapse( I don't think any company cared or even thought about explaining this possibility 20 years ago when this industry was booming)
Customer reply replied 6 months ago
It's a lot of money for our family ( about 1.3 k a year ) but some families with 2 or 3 timeshares are dishing out 4 k or more a year, say 15-20 % of a Social security pension.. many are not wealthy by any means
Lawyer: legalgems, Lawyer replied 6 months ago

Normally one would check with the attorney general's office where the timeshare is located, and where the sale occurred.

All case files are public (unless sealed) so a search can be done using one of the proprietary databases for active cases. Some counties maintain online access:

http://www.ncsc.org/topics/access-and-fairness/privacy-public-access-to-court-records/state-links.aspx?cat=public%20access%20web%20sites#Florida

Most successful suits deal with the state's deceptive business practices act and are brought shortly after entering the contract. Other cases generally involve breach of the agreement. Many people do offer a deed in lieu to get away from the maintenance costs, but if the company is not honoring their portion of the agreement that may be a basis for challenge. The contract would need to be reviewed along with a history of possible breaches.

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Customer reply replied 6 months ago
What's the cost of a deed?
Lawyer: legalgems, Lawyer replied 6 months ago

A deed can be printed off and completed from the internet, purchased at an office supply store for a nominal amount (varies) or even obtained from a title company or resource library.

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Customer reply replied 6 months ago
What would be the basic terms of it, stating that the owner wants to be relieved from maintenance and that property is transferred?
Lawyer: legalgems, Lawyer replied 6 months ago
It would be a normal deed assigning ownership of the interest to the party accepting ownership. It may be a warranty deed that warrants title is good, or a quit claim deed that transfers the interest but makes no warranties.
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Customer reply replied 6 months ago
But in practice that's the same as a sale isn't that what precisely is very difficult and not likely because no one wants to be stuck with fees for something that has a near zero resale value?
Customer reply replied 6 months ago
As you stated in the beginning , this is to avoid foreclosure
Customer reply replied 6 months ago
The deed that is
Customer reply replied 6 months ago
However. It is more than likely I suppose if foreclosure is close it is more than likely that the credit report has been hit , correct?
Customer reply replied 6 months ago
Problem is if you walk away or wait until foreclosure is close you get a 7 yr remark in your credit report that can cost 150 points or so ,almost a bankruptcy
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