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title problems with purchased timeshare

doodlenut

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We purchased a wyndham timeshare and received a letter last year stating the unit they sold us did not have free and clear title. We have not signed a new tile yet. We want to figure out how this affects the contract and if the maintenance fees we have paid for a unit we don't own should be refunded or applied to the new unit if we sign the new title. do we actually even own anything?

Thanks
 

DeniseM

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We purchased a wyndham timeshare and received a letter last year stating the unit they sold us did not have free and clear title. We have not signed a new tile yet. We want to figure out how this affects the contract and if the maintenance fees we have paid for a unit we don't own should be refunded or applied to the new unit if we sign the new title. do we actually even own anything?

Thanks

You don't own anything. If the title is not free and clear, it cannot be transferred to you. They should refund everything you paid, including maintenance fees.

WHO told you the title was not free and clear?

WHO did you buy from?

This happened to me with a Wyndham resale on ebay once. Wyndham had foreclosed on the timeshare and would not transfer it to me - I got a refund from the ebay seller. But I didn't find out there was a problem, until I actually tried to make the first reservation.
 
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vacationhopeful

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If this is something Wyndham SOLD you ... get your money back and thank your lucky stars!

MFs should be given back to you. They could not deliver WHAT they sold you and you are so disappointed YOU WANT ALL YOUR MONEY BACK.

Then, you can buy Wyndham or another timeshare WHEN YOU KNOW MORE.
 

doodlenut

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wyndham title problems

Thank you Denise and vacation hopeful, We purchased the timeshare form wyndham in Pagoasa Springs CO and the letter was from Wyndham title services. If they have to refund all the money, how should we proceed? If we should want to keep it, do we have a good negotiating position on past due maintenance fees? Are we better off to just go for the refund, will we need an attorney? Sorry about so many questions, we were not very knowledgeable when we purchased.
Thank you for your time,
 

DeniseM

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You can't keep it - it doesn't have a clear title so it can't legally be transferred at this time - it's probably in foreclosure.

They should refund you every single cent.

You don't need an attorney - I'd start by contacting the title office.

*As Linda said - you got lucky that it won't go through. You can buy the same thing on the resale market for a FRACTION of the developer price. So you want to get your money back - don't agree to accept a different deed - GET OUT!
 
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55plus

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Thank you Denise and vacation hopeful, We purchased the timeshare form wyndham in Pagoasa Springs CO and the letter was from Wyndham title services. If they have to refund all the money, how should we proceed? If we should want to keep it, do we have a good negotiating position on past due maintenance fees? Are we better off to just go for the refund, will we need an attorney? Sorry about so many questions, we were not very knowledgeable when we purchased.
Thank you for your time,

You said you purchased it from Wyndham in Pagosa Springs? Do you mean from a Wyndham sales weasel? If so get out of it, buy resell and save yourself tens of thousands of dollars.
 

GreenTea

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I would definitely get all my money back. If you really want a TS there they are surely available resale for not too much.
 

RX8

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This all happened "last year" which was the last time you heard from them? Have you paid anything since then?

If it was me I would definitely would contact them and demand my money back.
 

doodlenut

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Is all the interest I have paid part of what should be refunded or is that just gone? I wish I had found this before i had gotten caught up on the mortgage payments.
ThankYou for all your help.
 

sjsharkie

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Is all the interest I have paid part of what should be refunded or is that just gone? I wish I had found this before i had gotten caught up on the mortgage payments.
ThankYou for all your help.

Assuming that the loan was provided by Wyndham, you should receive all of your money back including interest.

If you went a different route (i.e., using a HELOC to fund the purchase), you will likely not be able to recover interest payments without going to court - you may be able to negotiate something with Wyndham but I find it unlikely.

As others have mentioned, be glad this happened. You will likely recover a good chunk of money with or without refund of the interest payments.

-ryan
 

55plus

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If Wyndham tried to switch you to another deed or program, say no. If they pressure you use the words, "Bait and Switch." That should get their attention. If you need to contact the Colorado's real-estate commission and make a complaint with the state's attorney general's office, do it. That will get their attention. Basically they broke the law by selling you something that wasn't theirs to sell. Even if they somehow correct the problem they still broke the law so hold them accountable You have damages since you weren't able to make a reservation due to their "criminal act." Tell them you were defrauded and want out and your money back or you'll get an attorney.

There have been many people who bought timeshares and realized afterwards they made a big mistake. If everything is what you said, you have an option to get out of it that those people didn't have, but wished they did. Good luck!
 
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