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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28043
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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We owned three timeshares on the Island of St. Martin, because

Customer Question

We owned three timeshares on the Island of St. Martin, because of age and physical condition, I am unable to utilize the Island facilities, We sent certified letters to all three Island properties and released our legal status with them. Two of the time shares accepted our gift of giving back said property without any hitch, but one, Festiva (Atrium resort Investments LTD,
c/o Patton Hospitality Management, Inc, One Vance Gap Road, Asheville, NC 28805 and PO Box 630908, Cincinnati, OH###-##-####. Insists that they will not take said Timeshare back, we paid $7000.00 for one week each even year.
We do not want any money for said give back, just a clean give back so we can eliminate the Maintenance fees (each two years, yes we tried to give the timeshare back prior to said fee was due.)
Please advise,
Note: I am a USA retiree, DAV with additional major injuries from an ATV accident and am 80 years old.
I thank you in advance for your time and guidance
Robert McKenzie
2019 Smith's Lawn
Camden, SC 29020 (###) ###-####(###) ###-#### ***** ***@******.***
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.
Good afternoon. I certainly understand the situation and your concern. What they are doing is actually very common. I deal with issues like these a lot and the resort is under no legal obligation to take it back. It is at their discretion. Many time share resorts have the same policy and when that happens, there are 3 options. The first, is simply to try and give it away or sell it to a third party. The second, is to retain an attorney who handles situations like these and let them go after the resort in a more aggressive manner. The third, is to stop paying the fees and see if they will take it back once you go into default and or accept a deed in lieu or deed back, so that they will not have to go through the process of foreclosing. This is not ideal but if you are not paying, they may want and be forced to take it back, since they are not getting any money.
Expert:  RealEstateAnswer replied 1 year ago.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Expert:  RealEstateAnswer replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!