[2008] Southcape Resort

[Time Out]

It was notarized i believe but i did sign the papers

 

[Time Out]

dont know

My paperwork is notarized.

 

[Sou13]

Where was it notarized? By the time it was filed with the Barnstable Registry, it had to be notarized, but was it notarized by the salesperson who connived you into giving up your deed?

 

[Time Out]

Where was it notarized

It was notarized under my signature. I do not know the notary.

 

[scrjs]

Getting Southcape Deeds Returned from Festiva

Hi Time Out and Others,

As has been stated, Festiva promised to return Sandcastle deeds and seems eager to do so. They did not promise to return Southcape deeds that I am aware of however since the deeds were all obtained through the same marketing methods it appears that they should be willing to turn the deeds over to Southcape owners too.

It appears that all the deeds or almost all were illegally notarized. Some people were aware they were turning over their deeds, but some people were not and they may not have actually signed the quitclaim deeds.

Festiva is claiming that all fees for conversion went to Outfield Marketing and New England Vacation Services. Of course people also want their money back, but Festiva is not promising that.

Is there a lawsuit in all of this? Probably.

 

[Time Out]

Thank you for the info. It sounds like I need to contact Festiva. It seems like no one responds to requests for advice on this website. Do you know of any other sites like this that people are more responsive?

Thanks again for the info

 

[Sou13]

What more do you want?

Time Out,

I contacted you by email, you refused to give enough info for me to be able to help. Then I contacted the Sandcastle owner who posted the above and now you claim that "It seems like no one responds to requests for advice on this website":rofl:

Your questions have been answered. If you believe you have been scammed, File a complaint with the AGO and contact ownerservices@festiva.travel as posted earlier.

For info about joining in the civil action, go to Links > Legal Actions and watch for updates coming soon.

 

[Time Out]

You did not give me any advice

Soul

You told me of another group that you owned, then you wanted my legal name, my wifes legal name and our address. I dont believe you needed all that information to give me some advice. It was my understanding this site was created for the free views and opinions and help.

Everyone beware of people wanting personal information over the internet. My daughter works in the IT field and she warned me. Soul, I dont know your motives or care. Everyone beware of people wanting personal information

You sent me an email to join a group you owned and only would let me in with extreemly personal information. I checked out your "group" it only has 7 or so members.

If anyone has any helpful advice without the requirement of me divulging personal information i would be very thankful.

If someone thinks it would help me file to file complaint with the AG's office please help.

Thanks

 

[scrjs]

Filing a Complaint with the Attorney General

Everyone who feels that they were mislead by salesman into turning over their deeds and paying the $3000+ fee should file a complaint with the Attorney General. Companies named should be the resort (Southcape or Sandcastle), New England Vacation Services, Outfield Marketing and Festiva Resort since all are complicit in this scam.

The complaint should include such things as harassing phone calls (especially if you are on the no call list), the use of scare tactics such as telling people they would be responsible for huge special assessments or could have their credit ruined, telling people they had only a short time to take the salesman upon the offer, etc. etc. If you did not know that you lost your deed in all of this, be sure to tell the Attorney General that fact. After denying a business relationship with Festiva for a long time (see his many posts on this forum), Cliff Hagberg has finally had to admit that his company NEVS served as the agent for Festiva for the sales. The only reason he did so was that the documents verifying that NEVS was the seller of Festiva points was distributed at the annual meeting at Sandcastle. Festiva says that ALL of the $3000+ in fees went to NEVS and Outfield who were serving as trustees for the resort. In their position as trustees they took the owner's list (which they would not release to owners as required by law) and basically shook down owners for what might amount to over $1 M since approx 750 deeds were turned over to Festiva.

 

[Sou13]

Soul

You told me of another group that you owned, then you wanted my legal name, my wifes legal name and our address. I dont believe you needed all that information to give me some advice. It was my understanding this site was created for the free views and opinions and help.

Everyone beware of people wanting personal information over the internet. My daughter works in the IT field and she warned me. Soul, I dont know your motives or care. Everyone beware of people wanting personal information

You sent me an email to join a group you owned and only would let me in with extreemly personal information. I checked out your "group" it only has 7 or so members.

If anyone has any helpful advice without the requirement of me divulging personal information i would be very thankful.

If someone thinks it would help me file to file complaint with the AG's office please help.

Thanks

"Time Out":

If you are "mudslide" who requested to join the group, here's my email reply sent a week ago yesterday:

"I'm the owner of the Southcapeowners Yahoogroup who needs to approve membership requests. In order to accept your request I need more info about you, specifically the name on your deed. When I can verify that you owned a Southcape week I will approve your request and try to help you get your deed back."

I then asked the other 8 members of this recently-formed growing group whether I did the right thing. None of the members disagreed with me.

I have made the Links public in order that nonmembers can get help such as what you are requesting.

So if you haven't given me any credit for giving any help or "advice" then my "advice" is for you to come clean and prove that you owned a Southcape week. Just as you warned that everyone should beware of anyone asking for personal info over the Internet, I must beware of anyone asking to join a group without giving proof that they actually owned a Southcape week. To be less careful would be a grave disservice to the other group members.

If you also owned a Sandcastle week you might request to join the Sandcastle Googlegroup. Let "scrjs" steer you in the right direction on this.

 

[tombo]

Soul

You told me of another group that you owned, then you wanted my legal name, my wifes legal name and our address. I dont believe you needed all that information to give me some advice. It was my understanding this site was created for the free views and opinions and help.

Everyone beware of people wanting personal information over the internet. My daughter works in the IT field and she warned me. Soul, I dont know your motives or care. Everyone beware of people wanting personal information

You sent me an email to join a group you owned and only would let me in with extreemly personal information. I checked out your "group" it only has 7 or so members.

If anyone has any helpful advice without the requirement of me divulging personal information i would be very thankful.

If someone thinks it would help me file to file complaint with the AG's office please help.

Thanks

I understand your concern about giving out personal information, but I can assure you that no deeds would have been returned, no attorney generals mobilized,no law suits would have been filed, and very little else (if anything) would have happened to help owners fight Festiva, Outfield Marketing, and Cliff Hagberg without SOU13's tireless efforts. If you go wayyy back in this thread you will see sou13 mobilizing owners, researching facts, sparring with the owners who bought the resort's unsold inventory to make money by tricking people out of their deeds, and much more to benefit ALL owners. SOU13 is why owners currently have a chance to regain their deeds from Festiva, an opportunity to kick out the unwelcomed owners taking over your resort, and SOU13 is the only reason that they are not continuing to take deeds as fast as they can from unsuspecting owners using outfield marketing's misleading sales tactics.

In the past the owner Cliff Hagberg disquised his identity and acted like an owner to get inside information on the the strategies SOU13 was using to fight back for the good of owners. Cliff also was caught using numerous fake identities here on this thread, so you can understand SOU13's desire to verify someone before letting them join the group.You can give SOU13 your personal informaton or not, but if you really want help give SOU13 enough information to join the group.

If you go back through the 1000's of posts on this thread to where SOU13 first started, and continue to the present, you will realize that all owners at both of these resorts owe SOU13 a debt of gratitude for thousands of hours of research on behalf of all owners. This is from one who owned at another resort Festiva is taking over and posted the first warning here. SOU13 read my warnings, investigated, and took it upon herself to stop them from taking over the resort she loves. SOU13 was offered money by the interloping owners to sell her week and get out of their hair a long time ago. SOU13 could have taken the money and run leaving others to fend for themselves, but instead stood strong and fought the battle. You can keep your information secret, you can research yourself, but if you don't join SOU13's group you are only hurting yourself IMO.

 

[Russ45]

I understand your concern about giving out personal information, but I can assure you that no deeds would have been returned, no attorney generals mobilized,no law suits would have been filed, and very little else (if anything) would have happened to help owners fight Festiva, Outfield Marketing, and Cliff Hagberg without SOU13's tireless efforts. If you go wayyy back in this thread you will see sou13 mobilizing owners, researching facts, sparring with the owners who bought the resort's unsold inventory to make money by tricking people out of their deeds, and much more to benefit ALL owners. SOU13 is why owners currently have a chance to regain their deeds from Festiva, an opportunity to kick out the unwelcomed owners taking over your resort, and SOU13 is the only reason that they are not continuing to take deeds as fast as they can from unsuspecting owners using outfield marketing's misleading sales tactics.

In the past the owner Cliff Hagberg disquised his identity and acted like an owner to get inside information on the the strategies SOU13 was using to fight back for the good of owners. Cliff also was caught using numerous fake identities here on this thread, so you can understand SOU13's desire to verify someone before letting them join the group.You can give SOU13 your personal informaton or not, but if you really want help give SOU13 enough information to join the group.

If you go back through the 1000's of posts on this thread to where SOU13 first started, and continue to the present, you will realize that all owners at both of these resorts owe SOU13 a debt of gratitude for thousands of hours of research on behalf of all owners. This is from one who owned at another resort Festiva is taking over and posted the first warning here. SOU13 read my warnings, investigated, and took it upon herself to stop them from taking over the resort she loves. SOU13 was offered money by the interloping owners to sell her week and get out of their hair a long time ago. SOU13 could have taken the money and run leaving others to fend for themselves, but instead stood strong and fought the battle. You can keep your information secret, you can research yourself, but if you don't join SOU13's group you are only hurting yourself IMO.

I'd like to second Tombo's praise and I am an owner of a deeded week at Southcape. Sou13 has invested more of her personal time than the rest of us combined and all owners are indebted to her efforts in understanding what has transpired at the resort. Thanks again Sou13, I am truly grateful.

 

[ChrisH]

SANDCASTLE PTown Owners

Sandcastle Resort owners can join the Sandcastle email group or get assistance with AG complaints etc. by writing to:

scresponds@yahoo.com

If you want to join the email group, we will also need to verify your name on the deed.

This includes Sandcastle owners who purchased FAC membership and are not happy.

See many related posts in the Sandcastle forums.

It would be nice to keep the Sandcastle resort discussions in one place so owners can follow along, but there are many forums with Sandcastle PTown.

http://www.tugbbs.com/forums/showthread.php?t=107119&highlight=sandcastle

http://www.tugbbs.com/forums/showthread.php?t=85788&highlight=sandcastle



Chris H

 

[Sou13]

Festiva MF increase, special assessment, and reserve

I can't understand why FAC members aren't in an uproar over this:

"Festiva Hospitality Group passes this news along with sincere empathy as it has certainly felt the pain firsthand. As we mentioned last year, Festiva Hospitality Group (while under no obligation to do so) has subsidized the Adventure Club's bad debt in an amount approaching $1 million dollars in 2009. We mention the above contribution as we pridict that the news of this special assessment could be met by accusations and rumors spread among members through various internet outlets or at the resorts since there was such a large increase in maintenance fees in 2010."

Time does not permit me to manually reproduce the contents of the letter today. If I can print a copy and then scan it into RTF tomorrow I will do so. Meanwhile, why no uproar?

 

[Classylassy523]

I can't understand why FAC members aren't in an uproar over this:

Time does not permit me to manually reproduce the contents of the letter today. If I can print a copy and then scan it into RTF tomorrow I will do so. Meanwhile, why no uproar?

Especially when Festiva gave all of the money collected for the purchase of memberships in FAC to Outfield Marketing and NEVS. At Sandcastle and Southcape that had to have been $2,000,000 at least. No wonder Festiva is saying they won't return the money when they return the deed(s). Sounds like they might be scratching the bottom of the barrel. Either that or they have a lifestyle to maintain and they expect everyone else to pay for it.

Wonder if the courts will be sympathetic.

 

[timeos2]

They don't want owners to know or react

I can't understand why FAC members aren't in an uproar over this:

"Festiva Hospitality Group passes this news along with sincere empathy as it has certainly felt the pain firsthand. As we mentioned last year, Festiva Hospitality Group (while under no obligation to do so) has subsidized the Adventure Club's bad debt in an amount approaching $1 million dollars in 2009. We mention the above contribution as we pridict that the news of this special assessment could be met by accusations and rumors spread among members through various internet outlets or at the resorts since there was such a large increase in maintenance fees in 2010."

Time does not permit me to manually reproduce the contents of the letter today. If I can print a copy and then scan it into RTF tomorrow I will do so. Meanwhile, why no uproar?

As usual there is no organized, large group of owners to rise up against this screwed up and owner gouging group. So many developer / sales systems depend on the lack of organization from the individual owners - and do all they possibly can to make sure it stays disorganized - so they stay in control and can call the shots.

Yes, owners can and have stepped up and taken control but the fight never seems to end and far too often the developer has the resources to simply wear down the owners and end up getting their way. I hope this group hangs in there and finds a way to beat this back and have control for owners but it is a challenging thing that so far doesn't appear to be on a successful track.

 

[Sou13]

I can't understand why FAC members aren't in an uproar over this:

"Festiva Hospitality Group passes this news along with sincere empathy as it has certainly felt the pain firsthand. As we mentioned last year, Festiva Hospitality Group (while under no obligation to do so) has subsidized the Adventure Club's bad debt in an amount approaching $1 million dollars in 2009. We mention the above contribution as we pridict that the news of this special assessment could be met by accusations and rumors spread among members through various internet outlets or at the resorts since there was such a large increase in maintenance fees in 2010."

Time does not permit me to manually reproduce the contents of the letter today. If I can print a copy and then scan it into RTF tomorrow I will do so. Meanwhile, why no uproar?

I hae posted the contents of the letter at http://www.tugbbs.com/forums/showpost.php?p=990010&postcount=403

Please go there and read it. If you own a week at Southcape or no longer own a Southcape week because you converted to Festiva, please post your reactions here.

As a Southcape owner who has fallen prey to takeover by the Festiva Hospitality Group it looks to me as though our MF will have to increase again because we haven't brought the resort up to FAC standards. No granite counter tops unless they are already being installed.

It also appears to me that Festiva is renting out the weeks that were purchased from NEVS. Deeded owners who tried renting out their weeks through the resort were unable to do so.

It also appears to me that someone left a zero out of the total membership in the second paragraph. That is exactly what's in the letter: 20,000!

The FAC member who forwarded me a copy of the letter is fuming. She was scared or scammed into converting a summer week by the in-home Outfield Marketer in 2008. She made notes and sent me a copy of her notes. She is embarrassed to use her name because it will forever be online that she fell for the scare tactics. Not only did she pay NEVS $3185 to convert her week to the FAC, but also her MF to Festiva for 2009 was more than $200 more than the MF to Southcape Resort, before the increase for 2010. She paid NEVS (yes, that is where the contract says that the money went) $3185 to avoid a Special Assessment of $400. She has already paid Festiva more than the $400 she avoided paying Southcape and is still out the $3185 she paid NEVS to avoid the special assessment.

Now she's being hit with another FAC MF increase and an additional $400 special assessment. I'm assuming that the $50 reserve is included in the MF increase for 2011, but if it isn't, that adds another $50 to the MF+SA for 2011.

If FAC members are able to get their deeds back the FAC's MFs will continue to increase.

My concern with falling prey to Festiva has always been that it's one more layer of management and mismanagement. I'm inclined to believe it's the latter.

 

[Time Out]

Credit Where Credit is Due

I want to thank everyone for your responses and advice. Soul, I am sorry if i offended you. From everyone who spoke up for you, I know you mean well. Anayway, it has been 4 years since I visited the Sandcastle Resort. Well, I called Festiva and booked a long weekend. I dont know if any of you have been to the resort as of late. I was amazed. The resort looks better than it has in 20 years. Granted the owners paid for it with the assessment, but its nice to see the improvements. We had a great time in P-Town. Hopefully they will renovate the inside next.

 

[Sou13]

Time Out,

I'm still confused. Did you ever own a Southcape week? In your earliest posts it looks as though you converted a Sandcastle week to Festiva and still own one Sandcastle week.

Now that you've spent a weekend at Sandcastle, it looks as though you're advocating staying with Festiva. Which week do you want back, the Southcape week (if you indeed ever owned one) or the Sandcastle week?

Sou13 (That's a "13", not an "l")

 

[Time Out]

Hi Sou13,
Sorry for the mix up in your name, it was just a typo. As I stated earlier I own a fixed week at Sandcastle and I owned a week at Southcape that I traded in for points with Festiva. I dont appreciate your condscending comments, I have been nothing but nice and up front as to my intentions. Can you please keep this forum professional. I would still like my week back from Southcape, however, I used the points from Festiva to stay at Sandcastle, so I figure if I can get more usage for me and my family its ok with me. So its no big deal if I cant get my deed back. Anayway, thanks again for your help.

 

[Sou13]

I want to thank everyone for your responses and advice. Soul, I am sorry if i offended you. From everyone who spoke up for you, I know you mean well. Anayway, it has been 4 years since I visited the Sandcastle Resort. Well, I called Festiva and booked a long weekend. I dont know if any of you have been to the resort as of late. I was amazed. The resort looks better than it has in 20 years. Granted the owners paid for it with the assessment, but its nice to see the improvements. We had a great time in P-Town. Hopefully they will renovate the inside next.

I'm sorry if I came off as "condescending" when I'm really just "confused"!

You reported that Festiva booked a long weekend for you at Sandcastle. Didn't you have to be a Club member in order to do that? Why, then, do you want your Southcape week back if it was your Southcape week that got you the long weekend at Sandcastle?

 

[Time Out]

One More Time

Sou13,
I will try to keep it simple. I am a Festiva Adventure Club member, I gave up my deed at Southcape plus 3k for points with Festiva. I used those points to reserve a long weekend at the Sandcastle Resort.

I still own a fixed and deeded week at the Sandcastle Resort.

As I stated earlier, if I could get my 3k and my deed back I would, however, I will not lose any sleep because I can use the points at any of the resorts in the festiva system. I was also informed by the reservation dept because i was booking short notice i only used very few points. Actually I can turn the one deeded week that i used to own at Southcape for almost 3 weeks at Sandcastle with the points from festiva. I can use those points for as little as 2 days (I think) maybe 3 is the minimum stay i dont remember.

 

[tombo]

Sou13,
I will try to keep it simple. I am a Festiva Adventure Club member, I gave up my deed at Southcape plus 3k for points with Festiva. I used those points to reserve a long weekend at the Sandcastle Resort.

I still own a fixed and deeded week at the Sandcastle Resort.

As I stated earlier, if I could get my 3k and my deed back I would, however, I will not lose any sleep because I can use the points at any of the resorts in the festiva system. I was also informed by the reservation dept because i was booking short notice i only used very few points. Actually I can turn the one deeded week that i used to own at Southcape for almost 3 weeks at Sandcastle with the points from festiva. I can use those points for as little as 2 days (I think) maybe 3 is the minimum stay i dont remember.

Good luck getting ANY good PRIME week at any Festiva resort using points. Festiva owns mainly off season weeks at most of their resorts. Festiva takes control of resorts by buying the resort's unsold inventory which mainly consists of weeks the developer/resort can't sell. Which weeks do they have trouble selling? The off season weeks of course. Festiva then sells those off-season weeks as points promising all who buy that they can reserve whenever/wherever they want at Festiva resorts as long as they own enough points. The fact is that you can own 1 million Festiva points and it will still be almost impossible to reserve a prime 4th of july week at the beach, because they own few (if any) of those weeks, and a lot of points owners want to reserve them using the magic points they gave up their deeds for.

I own a prime week at a Festiva resort and they have tricked very few owners into giving their deeded prime weeks up for points. At my resort they do however own the vast majority of off season and shoulder weeks. If 80% of what Festiva owns is off season weeks at their various resorts, only 20% of the points members have a chance to reserve a good week. If you want to travel during non prime seasons you might like points, but if you like to visit the beach during the summer months you will rarely (if ever) be able to get one of those weeks as a Festiva Adventure Club member. This is why when Festiva points come up for sale on e-bay for a dollar they will virtually never get a bid no matter how many points the auction is for. You can pick up 6000 or 7000 festiva points for a dollar anytime you want to on e-bay because no one will bid against you. Watch the following auctions and see if any sell for any price:
http://cgi.ebay.com/Wisconsin-Dells...20596866832?pt=Timeshares&hash=item4aa50ff710

http://cgi.ebay.com/FESTIVA-ADVENTU...80271552296?pt=Timeshares&hash=item5889f36728

http://cgi.ebay.com/Church-Street-I...20595038406?pt=Timeshares&hash=item4aa4f410c6

http://cgi.ebay.com/6-300FESTIVA-AD...90242402114?pt=Timeshares&hash=item5adc427f42

http://cgi.ebay.com/FESTIVA-Adventu...90449869949?pt=Timeshares&hash=item2c57b2647d


If you can get your deed back I would advise you to do so as quickly as possible. Festiva has a problem with a large per cent of members defaulting on their MF's, and that will probably only get worse. They assessed the members who would pay this year to cover Festiva's financial short fall and paid one million out of their own pockets to cover what other members won't pay. How many years will Festiva be able or willing to pay a million that members won't pay? Lack of access to prime inventory, rapidly increasing MF's for members, assessments now and in the future, and even the real possibility of Festiva going broke or filing bankruptcy very soon are all reasons that you need out if you can find a way to get out of the adventure club. I have been dealing with Festiva for about 3 years at my resort and I have talked to zero happy points members at the resort or online. Get your deed back ASAP if you can.

 

[Sou13]

Thank you, tombo!

If "Time Out" is really interested in finding out about Festiva, he can join this group:

Description

This group is a forum for all owners of Peppertree Vacation and Travel Club, including those who own a points membership as well as owners of the traditional timeshare week.

Since Peppertree Vacation Club was taken over by Equivest we have seen a sharp decline in membership accompanied by a complete lack of communication. Since being taken over by Cendant/Fairfield Resorts, these problems have escalated, and members have complained of no communication from Fairfield, and excessive maintenance fees.
In 2007, Festiva Resorts acquired Equivest Vacation and Travel Club in its entirety,except for certain resorts which were sold in the deal. Festiva, as of Jan. 2008,has had little contact with Equivest owners, and has at best, indicated a policy which concerns EVTC members.

This forum is an outlet for owners to exchange thoughts, ideas, and experiences. As a community, we share concerns and offer support to one another.

For all owners, please be aware that we have been notified by Festiva that the Equivest name has been dropped, and that our club is once again known as Peppertree Vacation and Travel Club.

Festiva/Festiva Adventure Club members are welcome to join this group.
http://groups.yahoo.com/group/Peppertree-EquivestOwners/

As I previously posted, if "Time Out" is sincerely interested in getting his deed back, I am sincerely interested in helping him. However, I sincerely doubt that he was ever sincere about wanting his deed back, especially since I doubt that he will be able to get all or any of his 3k back.

 

[scrjs]

Federal legislative action and presidential veto relevant to Sandcastle and Southcape

I received information about Federal legislation from a concerned Sandcastle correspondent. The legislation is HR 3808. This was "quietly passed" by Congress and was an effort to protect mortgage companies so that they could proceed with foreclosures even though documents were notarized under questionable circumstances. Definitely very relevant to Sandcastle and Southcape since most of the quitclaim deeds of owners who transferred deeds to Festiva appear to be illegally notarized. Fortunately President Obama vetoed the legislation. Here is some information about the bill:

http://www.moneynews.com/Headline/B...hallenges-Passes-Quietly/2010/10/07/id/372879

I would say that Outfield Marketing copied many of their fraudulent practices from the subprime mortgage companies. Festiva has a title Department....shouldn't they have noticed that all the quitclaim documents were notarized in TX, NC and FL even though most of the owners live in the Northeast? The head of the title Department Tobias Weas is now a trustee of Southcape.