Links to Official State Timeshare Laws and Guides/Manuals

[dansimms]

@TUGBrian @DeniseM @CalGalTraveler take a look. This weekend, I’m creating a spreadsheet with official links to states’ timeshare laws, as well as their statuses as to non-judicial, anti-deficiency foreclosures. In the meantime, I will just keep adding notes.


* Legal Disclaimer: This list and paraphrases of non-judicial, anti-deficiency timeshare foreclosure laws are to provide basic information on timeshare statutes. The list and paraphrases do not, nor are they intended to, render legal advice, nor are they an alternative for appropriate legal research. The referenced information constantly changes and evolves. Please consult appropriate legal counsel prior to any legal activities or signing any timeshare documents.


Links to Official State TS Laws:

1. Alabama – AL: https://arec.alabama.gov/arec/pages/professionals/licensing/timeshare_law.aspx?AspxAutoDetectCookieSupport=1
   
   
2. Arizona – AZ: http://az.elaws.us/ars/32-2197
   
   
3. Arkansas – AR: https://advance.lexis.com/api/permalink/2c03296b-e238-4411-86e2-3f67b93a6ae1/?context=1000516 (AK’s official statutes links provider is Lexis)
   
   
4. California – CA, TS owners get anti-deficiency judgments, even for judicial actions: https://leginfo.legislature.ca.gov/...vision=4.&title=&part=2.&chapter=2.&article=1
   
   http://www.dre.ca.gov/files/pdf/timeshare_manual.pdf (page 27 is where main sections begin)
   
   
5. Colorado – CO: http://leg.colorado.gov/sites/default/files/images/olls/crs2018-title-38.pdf (begins pg. 286)
   
   
6. Connecticut – CT: https://www.cga.ct.gov/current/pub/chap_734b.htm
   
   
7. Delaware – DE: https://delcode.delaware.gov/title6/c028/sc02/index.shtml#TopOfPage
   
   
8. Florida – FL, inaction or non-objection results in estate, anti-deficiency foreclosure, but objection leads to judicial, deficiency action: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0721/0721.html
   https://www.flrules.org/gateway/ChapterHome.asp?Chapter=61B-37
   
   
9. Georgia – GA, HOA pursues non-judicial foreclosure and judicial, deficiency judgment afterwards (OCGA 44-3-232): https://advance.lexis.com/api/permalink/f9bf9859-8948-4c38-9623-7dc5ec7d5a2f/?context=1000516 (GA’s official statutes links provider is Lexis)
   
   
10. Hawaii – HI, developer has right to deficiency MF judgment for both judicial foreclosures or non-judicial power of sale (514-E29). http://cca.hawaii.gov/pvl/files/2013/08/hrs_pvl_514e.pdf (this is most updated from Hawaii website). TS mortgage defaults might get anti-deficiency treatment (HRS 667-27, 38, 42). https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0667/HRS_0667-.htm
11. Idaho – ID: https://legislature.idaho.gov/statutesrules/idstat/Title55/T55CH18/ (five-day rescission period for ID residents buying non-ID timeshares).
    
    
12. Illinois – IL, developer has option of pursuing a judicial, deficiency foreclosure, or non-judicial, anti-deficiency foreclosure: http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3903&ChapterID=63 http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=100-1038&GA=100
13. Indiana – IN, only method to obtain waiver of deficiency judgment is for defaulting TS owner to waive sale notice period (IC 32-27-7-5): http://iga.in.gov/legislative/laws/2019/ic/titles/032#32-32
    
    
14. Iowa – IA: https://www.legis.iowa.gov/docs/ico/chapter/557A.pdf
    
    
15. Kentucky – KY: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39092 (look at .395 to .407, and .470 to .486)
    
    
16. Louisiana – LA: http://doa.louisiana.gov/osr/lac/46v67/46v67.doc (begins at page 32)
    http://legis.la.gov/Legis/Law.aspx?d=106597
    
    
17. Maine – ME: http://legislature.maine.gov/statutes/33/title33sec591.html
    
    
18. Maryland – MD, most foreclosure are non-judicial, but resorts can pursue judicial, deficiency actions afterwards: https://govt.westlaw.com/mdc/Browse/Home/Maryland/MarylandCodeCourtRules?guid=NA03512309CC311DB9BCF9DAC28345A2A&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default) (MD’s official statutes link provider is Westlaw).
    
    
19. Massachusetts – MA: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183B
    
    
20. Michigan – MI: http://www.legislature.mi.gov/(S(3ime1k2p251maasd0ir4dq4i))/mileg.aspx?page=getObject&objectName=mcl-Act-59-of-1978
    
    
21. Minnesota – MN: https://www.revisor.mn.gov/statutes/cite/83
    https://www.revisor.mn.gov/rules/2810/
    
    
22. Mississippi – MS: http://www.mrec.ms.gov/docs/mrec_rules_and_regulations_July_2019.pdf (starts at page 31)
    
    
23. Missouri – MO, MO uses non-judicial foreclosures, but resort can pursue judicial, deficiency action afterwards: https://revisor.mo.gov/main/OneSection.aspx?section=407.600&bid=23110&hl= (407.600 to 407.630)
    
    
24. Montana – MT: https://leg.mt.gov/bills/mca/title_0370/chapter_0530/parts_index.html
    
    
25. Nebraska – NE: https://nebraskalegislature.gov/laws/statutes.php?statute=76-1701 (76-1701 to 76-1741)
    
    
26. Nevada – NV, defaulting TS owners have no right to non-judicial, anti-deficiency foreclosures, but defaulting homeowners do: https://www.leg.state.nv.us/NRS/NRS-119A.html
    
    
27. New Hampshire – NH: http://www.gencourt.state.nh.us/rsa/html/xxxi/356-b/356-b-mrg.htm
    http://www.gencourt.state.nh.us/rsa/html/XXXI/356-A/356-A-mrg.htm
    
    
28. New Jersey – NJ, most foreclosure are non-judicial, but resorts can pursue judicial, deficiency action afterwards: https://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu (45:15-16.50 to 45:15-16.85)
    
    
29. New Mexico – NM: https://laws.nmonesource.com/w/nmos/Chapter-47-NMSA-1978#!b/a11 (47-11-1 to 47-11-13)
    
    
30. New York – NY, most foreclosures are non-judicial, but resorts can pursue deficiency judgments afterwards: https://ag.ny.gov/sites/default/files/13_nycrr_24.3.pdf
    
    
31. North Carolina – NC: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_93A/Article_4.pdf
    
    
32. North Dakota – ND: https://www.legis.nd.gov/cencode/t43c23-1.pdf (doesn’t specifically reference timeshares)
    
    
33. Ohio – OH: http://codes.ohio.gov/orc/4735.25 (applicable to non-Ohio timeshares)
    
    
34. Oklahoma – OK: http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os71.rtf (very little protection for owners of OK TS. OK timeshares protected as securities, but resorts/developers often seek securities protection exemption per 1-203 on page 24)
    
    
35. Oregon – OR: https://www.oregonlegislature.gov/bills_laws/ors/ors094.html (94.803 to 94.945)
    
    
36. Pennsylvania – PA: http://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/049/chapter35/chap35toc.html&d= (very little protection for owners of PA TSs)
    
    
37. Rhode Island – RI: http://webserver.rilin.state.ri.us/Statutes/TITLE34/34-41/INDEX.HTM
    
    
38. South Carolina – SC, inaction or non-objection results in non-judicial, anti-deficiency foreclosure, but objection leads to judicial, deficiency action: https://www.scstatehouse.gov/code/t27c032.php
39. South Dakota – SD: http://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=43-15b
    
    
40. Tennessee – TN, TN has no anti-deficiency laws, TS statues begin at 66-32-101 https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=5178a5ca-9f2e-49a6-9e03-9671bc8a5b72&nodeid=ACNABGAABAAB&nodepath=/ROOT/ACN/ACNABG/ACNABGAAB/ACNABGAABAAB&level=4&haschildren=&populated=false&title=66-32-101.+Short+title.&config=025054JABlOTJjNmIyNi0wYjI0LTRjZGEtYWE5ZC0zNGFhOWNhMjFlNDgKAFBvZENhdGFsb2cDFQ14bX2GfyBTaI9WcPX5&pddocfullpath=/shared/document/statutes-legislation/urn:contentItem:4X8K-WKT0-R03M-808V-00008-00&ecomp=h3t7kkk&prid=011cd32f-ea05-4fb7-bc94-598580c61884
41. Texas – TX: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.221.htm
    
    
42. Utah – UT: https://le.utah.gov/xcode/Title57/Chapter19/57-19.html?v=C57-19_1800010118000101
    
    
43. Virginia – VA, VA has no anti-deficiency law, resort initiates a non-judicial foreclosure, objection leads to judicial foreclosure: https://law.lis.virginia.gov/vacodepopularnames/virginia-real-estate-time-share-act1/
    
    
44. Washington – WA: https://apps.leg.wa.gov/RCW/default.aspx?cite=64.36
    
    
45. West Virginia – WV: http://www.wvlegislature.gov/WVCODE/code.cfm?chap=36&art=9
    
    
46. Wisconsin – WI: http://docs.legis.wisconsin.gov/statutes/statutes/707.pdf
    
    
    Links to Official State TS Guides or Manuals
47. Alabama - AL
    
    
48. Arizona - AZ
    
    
49. Arkansas - AR
    
    
50. California – CA: http://www.dre.ca.gov/files/pdf/faqs/FAQ_Timeshares.pdf
    
    
51. Colorado - CO
    
    
52. Connecticut - CT
    
    
53. Delaware - DE
    
    
54. Florida - FL
    
    
55. Georgia – GA: http://consumer.georgia.gov/consumer-topics/timeshare-sales
    
    
56. Hawaii - HI
    
    
57. Idaho - ID
    
    
58. Illinois - IL
    
    
59. Indiana - IN
    
    
60. Iowa - IA
    
    
61. Kentucky - KY
    
    
62. Louisiana - LA
    
    
63. Maine - ME
    
    
64. Maryland - MD: http://www.marylandattorneygeneral.gov/CPD Documents/Tips-Publications/ConsumerGuideForMarylanders.pdf (section on TS begins on page 12).
    
    
65. Massachusetts - MA
    
    
66. Michigan - MI
    
    
67. Minnesota - MN
    
    
68. Mississippi - MS
    
    
69. Missouri - MO
    
    
70. Montana – MT:
    
    
71. Nebraska - NE
    
    
72. Nevada - NV
    
    
73. New Hampshire - NH
    
    
74. New Jersey - NJ
    
    
75. New Mexico - NM
    
    
76. New York – NY: https://ag.ny.gov/consumer_frauds/investing/you-buy-timeshare
    
    
77. North Carolina - NC
    
    
78. North Dakota - ND
    
    
79. Ohio - OH
    
    
80. Oklahoma - OK
    
    
81. Oregon - OR
    
    
82. Pennsylvania - PA
    
    
83. Rhode Island - RI
    
    
84. South Carolina – SC:
    
    
85. South Dakota - SD
    
    
86. Tennessee - TN: https://www.tn.gov/commerce/news/20...e-scammers-leave-you-without-a-vacation-.html
    
    
87. Texas - TX
    
    
88. Utah - UT
    
    
89. Virginia - VA
    
    
90. Washington - WA
    
    
91. West Virginia - WV
    
    
92. Wisconsin - WI

Can someone suggest a Lawyer to handle the sale of a Costa Linda (Aruba) Timeshare transfer?

 

[Grammarhero]

I own paid for TS in Colorado, & live in Texas. I do not want to pay any more MFs. We've owned it for over 35 years and have enjoyed it, but now are too old to travel much. Would the TX or Co laws prevail in this situation. Also, what do you mean "Colorado provides anti-deficiency treatment for defaulting MF (but not mortgage), and an objection may waive the anti-deficiency treatment".

@james4326 we hope you are well and healthy. If you made the difficult decision to default, please kindly let us know if your credit got affected. It would help tuggers in similar situations moving forward.

 

[InTroubleWithOurTS]

I have a timeshare at the Grand Islander in Hawaii. Due to COVID, we had to make the decision to default on the timeshare so we could keep our home. I see there is mention that timeshare mortgages in HI may have anti-deficiency treatment, but I cannot seem to find any information on when that MAY happen. We owe a substantial sum on the timeshare mortgage, and we are proceeding to non-judicial foreclosure with sale on 1/19/2021. Any feedback or advice provided is greatly appreciated.

 

[Grammarhero]

I have a timeshare at the Grand Islander in Hawaii. Due to COVID, we had to make the decision to default on the timeshare so we could keep our home. I see there is mention that timeshare mortgages in HI may have anti-deficiency treatment, but I cannot seem to find any information on when that MAY happen. We owe a substantial sum on the timeshare mortgage, and we are proceeding to non-judicial foreclosure with sale on 1/19/2021. Any feedback or advice provided is greatly appreciated.

* Legal Disclaimer: These paraphrases of timeshare MF or mortgage (mort.) foreclosure (FC), deficiency/ anti-deficiency/ permissive anti-deficiency (D/AD/PAD), and judicial/ nonjudicial (J/ NJ). These paraphrases assist those doing their own legal research and make their own decisions on timeshare-related actions or inactions. These list and paraphrases are NOT intended to render legal advice, establish an attorney-client relationship, or be an alternative for appropriate legal research. The referenced information constantly changes and evolves. Please consult appropriate legal counsel
prior to any timeshare-related activities or signing any timeshare documents. Every situation is different, and please consult a legal counsel on your particular situation.

Sorry to hear about this situation. You are relatively lucky. With a non-judicial foreclosure, the TS resort can't sue you for the mortgage balance, but can for the late MF. Check the below links and notes.

Please kindly let us know if your credit got affected. It would help tuggers in similar situations moving forward.

http://cca.hawaii.gov/pvl/files/2013/08/hrs_pvl_514e.pdf

https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0667/HRS_0667-0038.htm

https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0657/HRS_0657-0001.htm

Operative language: “Nothing in this section prohibits the association from bringing an action to recover a money judgment against the owner of a time share interest for unpaid assessments and expenses without first either foreclosing or waiving the association's lien securing the same.”

Operative language: “Upon completion of the nonjudicial foreclosure of residential property pursuant to this part, the mortgagee or other person, excluding an association, shall not be entitled to pursue or obtain a deficiency judgment against an owner-occupant unless the debt is secured by other collateral. The debts of other lien creditors are unaffected except as provided in this part.”

Operative language: “Six years. The following actions shall be commenced within six years next after the cause of action accrued, and not after: Actions for the recovery of any debt founded upon any contract, obligation, or liability, excepting such as are brought upon the judgment or decree of a court; excepting further that actions for the recovery of any debt founded upon any contract, obligation, or liability made pursuant to chapter 577A shall be governed by chapter 577A.” Hi. Rev. Stat. Sec. 517-1

Note: As long as no objection to nonjudicial foreclosure, TS mortgage defaults entitled to anti-deficiency, but not MF defaults.

 

[InTroubleWithOurTS]

* Legal Disclaimer: These paraphrases of timeshare MF or mortgage (mort.) foreclosure (FC), deficiency/ anti-deficiency/ permissive anti-deficiency (D/AD/PAD), and judicial/ nonjudicial (J/ NJ). These paraphrases assist those doing their own legal research and make their own decisions on timeshare-related actions or inactions. These list and paraphrases are NOT intended to render legal advice, establish an attorney-client relationship, or be an alternative for appropriate legal research. The referenced information constantly changes and evolves. Please consult appropriate legal counsel
prior to any timeshare-related activities or signing any timeshare documents. Every situation is different, and please consult a legal counsel on your particular situation.

Sorry to hear about this situation. You are relatively lucky. With a non-judicial foreclosure, the TS resort can't sue you for the mortgage balance, but can for the late MF. Check the below links and notes.

Please kindly let us know if your credit got affected. It would help tuggers in similar situations moving forward.

http://cca.hawaii.gov/pvl/files/2013/08/hrs_pvl_514e.pdf

https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0667/HRS_0667-0038.htm

https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0657/HRS_0657-0001.htm

Operative language: “Nothing in this section prohibits the association from bringing an action to recover a money judgment against the owner of a time share interest for unpaid assessments and expenses without first either foreclosing or waiving the association's lien securing the same.”

Operative language: “Upon completion of the nonjudicial foreclosure of residential property pursuant to this part, the mortgagee or other person, excluding an association, shall not be entitled to pursue or obtain a deficiency judgment against an owner-occupant unless the debt is secured by other collateral. The debts of other lien creditors are unaffected except as provided in this part.”

Operative language: “Six years. The following actions shall be commenced within six years next after the cause of action accrued, and not after: Actions for the recovery of any debt founded upon any contract, obligation, or liability, excepting such as are brought upon the judgment or decree of a court; excepting further that actions for the recovery of any debt founded upon any contract, obligation, or liability made pursuant to chapter 577A shall be governed by chapter 577A.” Hi. Rev. Stat. Sec. 517-1

Note: As long as no objection to nonjudicial foreclosure, TS mortgage defaults entitled to anti-deficiency, but not MF defaults.

Thank you so much for pointing us in the right direction! This is very helpful. Sadly, we would have been willing to keep the timeshare had HGVC been willing to work with us. They made no accommodations and made us jump through loss mitigation hoops to only tell us there was nothing they were willing to do.

 

[Grammarhero]

Thank you so much for pointing us in the right direction! This is very helpful. Sadly, we would have been willing to keep the timeshare had HGVC been willing to work with us. They made no accommodations and made us jump through loss mitigation hoops to only tell us there was nothing they were willing to do.

@InTroubleWithOurTS We hope you are well and healthy. If you made the hard decision to default, mind sharing if your credit score got affected? It would help tuggers in similar situations moving forward.

 

[Sebastiantheibis]

What state is the TS deeded?
Are you worried about a judgement against you for the balance of the mortgage?
Are you aware of the IRS tax implications for mortgage default ?
Does anyone know a good attorney to help this person?

 

[Traveler 2022]

I read in different Forum subjects that the "Non judicial, anti deficiency laws" are determined by the state where the property is located. Does anyone know what the law would be for St Maarten? In particular a Diamond property, if that makes any difference. Also mortgage is paid, but MF is behind by two years.

 

[dioxide45]

I read in different Forum subjects that the "Non judicial, anti deficiency laws" are determined by the state where the property is located. Does anyone know what the law would be for St Maarten? In particular a Diamond property, if that makes any difference. Also mortgage is paid, but MF is behind by two years.

Generally those would be right to use. Not necessarily deeded and no real ownership. There is no foreclosure process. That doesn't mean they can't attempt to collect and sell debts to the collection agency. Chances are, if you are in default now with no credit hit already, then just continue the default. Are they calling or trying to collect?

 

[Traveler 2022]

Generally those would be right to use. Not necessarily deeded and no real ownership. There is no foreclosure process. That doesn't mean they can't attempt to collect and sell debts to the collection agency. Chances are, if you are in default now with no credit hit already, then just continue the default. Are they calling or trying to collect?

Thank you for the quick response.

It is "Right To Use".
The resort was closed for a couple years due to hurricane Irma damage and rebuilding.
Then they started to bill partial maintenance fees for two years, then 2021 they came back fully opened.

At this point, they are just sending Annual maintenance fees with added late fees; and a notice that I am behind.
I think they adjust the collection rules for this year, because there may be quite a few that are not paying like myself.
I spoke to them last year about a "deed back". They said they only offer the "Transitions" program, but it sound vague and non-committal to me at the time.

It is Diamond and I'm not sure what kind of history they have for collection on MF only?

 

[TheTimeTraveler]

I do realize you owe maintenance fees but do you owe money on the purchase of these weeks?

Assuming you own your weeks outright then I would suggest you contact the developer and see if they will accept a "Deed Back" without any further expense. This would be an easy, simple solution, and well worth pursuing so you can sleep better at night.

Best of luck.



.

 

[Traveler 2022]

I do realize you owe maintenance fees but do you owe money on the purchase of these weeks?

Assuming you own your weeks outright then I would suggest you contact the developer and see if they will accept a "Deed Back" without any further expense. This would be an easy, simple solution, and well worth pursuing so you can sleep better at night.

Best of luck.



.

I don't owe anything on the purchase, as I paid for that 10 years ago.
I am not happy with the way Diamond has managed the property. It was Gold when I bought in 99, went Silver and never got back to top form.
They told me last year they don't do a "deed back" but Diamond has a transitions program that requires all MF paid up to date and $1000 processing fee.

 

[dioxide45]

I don't owe anything on the purchase, as I paid for that 10 years ago.
I am not happy with the way Diamond has managed the property. It was Gold when I bought in 99, went Silver and never got back to top form.
They told me last year they don't do a "deed back" but Diamond has a transitions program that requires all MF paid up to date and $1000 processing fee.

Effectively, transitions is Diamond's deed back program. It is legitimate, but you do have to have all fees paid and pay their processing fee of $1000 ($250 in Arizona).

 

[Traveler 2022]

Since St Maarten wouldnt be a state with "Non judicial, anti deficiency laws" that limit the deficiency, do you know if there is a ceiling on what could be owned once a collection agency gets involved. Also, as a non-US location, is a collection agency the only option for the Association to try and collect MF?

 

[FriBrd]

First, thank you for the time invested into acquiring and posting all of this useful information. I have a question - maybe I am thinking too hard into it. Which state law applies, the residence state of the purchaser or the state where the "property" is mentioned in the support agreement? The agreement I've seen differs from state cancellation timeframes.

 

[RedR1]

Interestingly, FL is also a state in which an objection to a non-judicial foreclosure waives those anti-deficiency protections.

I'm likely going to be going down the foreclosure road and my CWA+ appears to be applicable to FL (bought it in TN, my residence is KY, but the legalese has FL as the main location of the contract?). So, can you point me in the right direction for what this means exactly? I understand the difference between a judicial/non-judicial, but what are the anti-deficiency protections if I do not oppose a non-judicial?

 

[dioxide45]

I'm likely going to be going down the foreclosure road and my CWA+ appears to be applicable to FL (bought it in TN, my residence is KY, but the legalese has FL as the main location of the contract?). So, can you point me in the right direction for what this means exactly? I understand the difference between a judicial/non-judicial, but what are the anti-deficiency protections if I do not oppose a non-judicial?

Deficiency and anti-deficiency means they can or can not come after you for the difference in what you owe vs what they sell the timeshare for at foreclosure auction. Could also be considered recourse vs. non recourse. In anti deficiency if they sell the timeshare for $1 but you still own $10,000 on the loan. they can't come after you for the $9,999 and I also don't beleive it is considered debt forgiveness and you won't get hit with a 10999-C.

 

[Sandy2213]

@TUGBrian @CalGalTraveler @Fredflintstone @pedro47 @COSkier1 @SNA27 @SteelerGal

This is the preliminary state TS Foreclosure/Deficiency/SOLs Laws Table, about 1/3 complete. Although 1/3 complete, I focused on noting states with any TS anti-deficiency treatment first. I note the following:
1) California, Florida, Maine, South Carolina, and Wisconsin provide anti-deficiency treatment for both defaulted MF and mortgages, although for the latter four states, one cannot object to a non-judicial foreclosure;
2) Colorado provides anti-deficiency treatment for defaulting MF (but not mortgage), and an objection may waive the anti-deficiency treatment;
3) Hawaii and Montana provide anti-deficiency treatment for defaulting mortgages (but not MF).
4) Illinois, Indiana, South Dakota, and Washington are permissive anti-deficiency states. IL, SD, and WA TS resorts may pursue: 1) non-judicial, anti-deficiency foreclosures, or 2) judicial, deficiency foreclosures. Maybe if in IL, SD, and WA, the TS owner only owes MF and with lawsuits being expensive, TS resorts might agree to non-judicial, anti-deficiency foreclosures. IN only has judicial foreclosures.

I'm hoping to try to finish this Table this next weekend.

Thank you!

 

[zzzme2]

What I'm providing in this post is not legal advice, but legal commentary or observations similar from law review or journal articles. I will try to prepare a spreadsheet this coming Sunday night. This spreadsheet will be the accumulation of TUG TS knowledge.

I wish to thank:
1) @TUGBrian @DeniseM and other tuggers for supporting this project;
2) @CalGalTraveler for recommending adding information about anti-deficiency protections for defaulting TS owners;
3) @Fredflintstone for identifying the main three (3) anti-deficiency states for defaulting TS owners and providing the CA TS Manual website link and page numbers;
4) @pedro47 for identifying my formerly outdated links for VA (pretty embarrassing for me to learn that from a non-lawyer).

As legal commentary, I noticed:
1) Only CA has mandatory anti-deficiency foreclosure, no matter what defenses defaulting TS owners raise.
2) SC and FL have elective non-judicial, anti-deficiency foreclosures. Inaction to or electing non-judicial, anti-deficiency foreclosures reserves that anti-deficiency right for defaulting TS owners, but objections waive that anti-deficiency right.
3) IN has permissive anti-deficiency, judicial foreclosures. The only method to obtain waiver of deficiency judgment is for defaulting TS owner to waive 60/90-day sale notice period (IC 32-27-7-5), with IN resort's agreement. If the defaulting IN-TS owner has a valuable week (i.e. summer, Christmas, New Years, near time and location of Indianapolis 500 or Notre Dame football games), the IN resort might want to resell quickly and agree to waive the deficiency judgment.
4) IL also has a permissive non-judicial, anti-deficiency foreclosure. Maybe if the TS owner is judgment-proof, on fixed income, or has ERISA-protected retirement accounts; or the IL resorts know they can’t collect on deficiency judgments; IL resorts might resort to a non-judicial, anti-deficiency foreclosure to save legal costs.
5) defaulting homeowners, but not MF-defaulting TS owners, get anti-deficiency protections in AZ, HI, NV, MT, ND, OR, and OK. Based on circumstances, mortgage-defaulting TS owners might get anti-deficiency protections in HI and MT.

This is SO VERY helpful! I clicked the link and read the TN statutes. How was I able to access Lexis/Nexis? Have not been able to open the link again.

 

[Joetwobigdogs]

We bought a timeshare in AZ in the early 1980s while we lived there. We now live in Utah. Which State's anti deficiency law applies, the state where the unit was purchased of where we currently live?

Thanks in advance

 

[CalGalTraveler]

The state where the resort deed resides.

 

[dioxide45]

We bought a timeshare in AZ in the early 1980s while we lived there. We now live in Utah. Which State's anti deficiency law applies, the state where the unit was purchased of where we currently live?

Thanks in advance

The state where the property is located. It technically is possible to live in one state, buy in another and the resort is located in a third state.

 

[TUGBrian]

this actually gets into a bit of a grey area, as legally if a judgement is obtained in state A where the owner does NOT live, to actually be collected the judgement then has to be transferred to State B (where the owner does live), and are actually subject to state Bs collections laws at that point. I believe there is a specific term for this (for debt crossing state lines), but it eludes me.

this adds an even more complicated and murky layer to the collections process, and likely why most timeshares dont actually pursue these unless the default amount is very very high. this is also why we always advise having a consultation with a debt collection attorney in YOUR STATE who can explain in great detail the risk to you if any based on your specific situation.


this wont matter one bit however to the reporting of a default/judgement to your credit report however!

 

[zzzme2]

Do you know what laws would apply when a timeshare "ends". In other words, what law would determine what happens to the deeded weeks of a condo owned by many if there is no timeshare management or board in place? There is deeded real estate and I'm wondering who will wind up owning it.

I kept paying for 40 years even though I wasn't using it for the last 15 or so. In 2022 we paid a large assessment in addition to the yearly maintenance.

The info from the resort was very murky until this year. Now they have revealed that some cooperating owners' weeks have been changed out so that the trustee owns all the weeks of a block of units and those have been rented to (monthly or yearly) tenants to defray the cost of running the resort.

What type of lawyer would be best to contact? Real estate lawyers seem to be more of a real estate closing conveyor system than someone who would handle the niche of timeshare law.

Or should I just stop paying at this late date and move on?

Thanks in advance for your reply. Your links to the timeshare laws are fabulous. Thank you very much for that!

 

[kestratford]

Hi Can a Timeshare Resort just tell its owners your maintenance fee is going up from $7500 approx to $1500 - and we have no recourse. NOw he is saying insurance rates on timeshares on Cape Cod MA have gone way up - so our maintenance fee will prob go up to $2,000. We seem to have no power as owners, THis is a timeshare and condo resort. Part timeshare and Manager is selling condos by foreclosure and buying out owners in particular units. I think the goal is raise fees until people just turn in their timeshares for free and eventually turn the whole place into condos. Any thoughts?