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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I have a timeshare to get rid of. someone said not to pay

Customer Question

I have a timeshare to get rid of. someone said not to pay the maintenance fees, and the timeshare will send you a foreclosure warranty, or we can ask for a deed of warranty to get rid of it, for transfer fee. is this correct?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Be careful of allowing your timeshare to default.

The liability for payments is a personal liability as well as a liability against the timeshare - so not only can the timeshare foreclose on the timeshare, but they can also pursue you for the unpaid maintenance fees as a personal debt/liability (this includes up to filing a breach of contract action against you and getting a civil judgment, which can be enforced via garnishment, bank levies, and liens on your other assets).

If you are looking to sell or transfer your timeshare, try working with the timeshare owner (some are better than others), or try reselling the timeshare on the secondary market.

Make sure that the timeshare resellers you are working with are reputable (this is not easily done as there are a lot of them, and it is difficult to do - but at a minimum, confirm with the timeshare holder that the sale is legitimate. Also check with the BBB for complaints, and look online for reviews by other consumers. Also shop around, there are many resellers on the market. Timeshares are not easy to get rid of, so you may end up having to pay a fee to get rid of it, but it should not be excessive, shop around and see if you can negotiate a deal).