HELP PLEASE [Westgate]

[RAEANNSPIKE]

I know nothing about timeshares, I am a realtor from Minnesota who is trying to
help an elderly friend who's husband passed away in March...she suffers from dimentia
and knows little to nothing about the details of the timeshare she and her husband
own in Westgate Villa's in Florida...she changed her phone number so Westgate would
stop calling asking for the 2017 maintenance fee.
I have the paperwork and deed from the original purchase in 2008. She wants nothing
more than getting this timeshare cancelled.
I joined TUG to try and sell it but in something I read I'm wondering if there is an option
to cancel because of hardship? would she be entitled to any money back?
Please help.
Thank You

 

[VacationForever]

First of all, the timeshare is worthless - zero, zilch. There is no resale value.

Secondly, if the timeshare has been fully paid off, including fully paid up maintenance, it has been reported by some that Westgate will take it back. You just need to call Westgate directly and discuss.

Lastly, do not pay any company who claim that they can take it off your hand with an upfront cost, these companies are all scammers. Since there is no value in a Westgate timeshare in the resale market, there is no buyer who will be willing to pay anything for it.
Westgate puts all sorts of booking restrictions on a resale Westgate timeshare which makes any resale Westgate timeshare toxic to own.

 

[tschwa2]

Someone on her behalf needs to contact Westgate and find out if they will offer a hardship cancellation. She would get no money back if they agree and they may ask her to pay a fee or get the payments up to date before taking it back.

The timeshare is worth less than the 2017 MF so to even give it away she would have to be current on those. If she owes on a mortgage giving away would also not be an option.

If Westgate refuses to do a hardship cancel or a deed in lieu of foreclosure, she would just have to wait for them to foreclose and take whatever credit hit that may entrail if she is unable to pay off what is still owed so she could try to give it away.

 

[RAEANNSPIKE]

Thank you for the replies...maybe I will call about a deed in lieu...mortgage is paid in full, just a 2017 maintenance fee owed

 

[VacationForever]

Thank you for the replies...maybe I will call about a deed in lieu...mortgage is paid in full, just a 2017 maintenance fee owed

Are you her POA? If not, you may have a POA call with you. If she does not have a POA set up before she has dementia, she cannot set one up now - only court can appoint one. If she does not have a POA, Westgate may want her to be on the phone with you. Hopefully she can still communicate her wishes, with your help.

 

[chapjim]

Are you her POA? If not, you may have a POA call with you. If she does not have a POA set up before she has dementia, she cannot set one up now - only court can appoint one. If she does not have a POA, Westgate may want her to be on the phone with you. Hopefully she can still communicate her wishes, with your help.

Depending on the degree of disability, a court may need to appoint a guardian to manage her affairs. Although, I have to say changing her phone number to keep Westgate from bugging her sounds like a pretty sound move!

["Sane" changed to "sound" to avoid offending the hypersensitive.]

 

[TUGBrian]

also in cases like these, it sounds like perhaps her credit score isnt really an issue...so with all things considered assuming they dont work with you to surrender it back willingly...id think long and hard before someone pays the 2017 maint fee and throws that money away.

 

[HudsHut]

I know nothing about timeshares, I am a realtor from Minnesota who is trying to
help an elderly friend who's husband passed away in March...she suffers from dimentia
and knows little to nothing about the details of the timeshare she and her husband
own in Westgate Villa's in Florida...she changed her phone number so Westgate would
stop calling asking for the 2017 maintenance fee.
I have the paperwork and deed from the original purchase in 2008. She wants nothing
more than getting this timeshare cancelled.
I joined TUG to try and sell it but in something I read I'm wondering if there is an option
to cancel because of hardship? would she be entitled to any money back?
Please help.
Thank You

Welcome to TUG.
Thank you for helping your friend.
Write a letter for your friend to Westgate. State that she has no money and will not send another cent. Tell them she is willing to give back the deed right now, or they can instead choose to go through the more costly foreclosure route.
If they send paperwork to file the deed, do that. If not, let them foreclose.

 

[theo]

Write a letter for your friend to Westgate. State that she has no money and will not send another cent. Tell them she is willing to give back the deed right now, or they can instead choose to go through the more costly foreclosure route.
If they send paperwork to file the deed, do that. If not, let them foreclose.

While I certainly agree wholeheartedly with your thinking, I suspect that Wastegate will demand that maintenance fees be paid up to date before they will even consider accepting a deedback. They are not people known for consideration, understanding or compassion.

Non-judicial foreclosure is not costly for a company with a legal staff (and a willingness to give them something to do --- besides defending various lawsuits).
It's just another business expense to those parasites. I hope that Wastegate will accept a deedback without the current year fees being paid, but I would not be willing to place that bet.