# Westgate Resort Quit Claim Deed



## tam_phan (Dec 13, 2014)

Hello all,

I am new with the forum. I need help on Quit Claim Deed. I was rip off by westgate resort last year. It has been paid full no mortgage. I want to get rid of it and my friend willing to take over. However, westgate exercised on my transfer to my friend so I said to them ok I give it back to them (I am Happy with it). Then they send me quit claim deed but I not familiar with it. Attach is the quit claim deed they send to me only 1 page. My question 

1. Do I need request them more documents?
2. Can someone take a look that Do I own anything after I signed QCD?
3. Does my name will take off the Deed?
4. Do I still have to pay HOA after I signed
5. After I signed and send back to them I am free right.

I am very appreciate all the feed back.


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## torontobuyer (Dec 13, 2014)

My advice, get yourself a good English and whatever native language you speak lawyer. No offense intended, but even with sound member advice I would be worried you might not understand it properly.


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## Cheryl20772 (Dec 13, 2014)

You might want to check that your name has been removed from the deed in the public real estate records in the county where the resort is located. It will take them some time to process that after you give them the quit claim. 

We signed a quit claim with a different resort last Feb. and it's still not cleared in the public record 11 months later. I have been in contact with them about it. So there are concerns. I do not expect to have any further bills for the resort, but it seems there could be a tax bill if the deed isn't changed.


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## alwysonvac (Dec 13, 2014)

tam_phan said:


> Hello all,
> 
> I am new with the forum. I need help on Quit Claim Deed. I was rip off by westgate resort last year. It has been paid full no mortgage. I want to get rid of it and my friend willing to take over. However, westgate exercised on my transfer to my friend so I said to them ok I give it back to them (I am Happy with it). Then they send me quit claim deed but I not familiar with it. Attach is the quit claim deed they send to me only 1 page. My question
> 
> ...



Hi Tam_phan, 

Welcome to TUG  

I was able to understand the point of your post. 

In Summary 
- Your Westgate timeshare is paid off (no outstanding mortgage).
- You tried to give your timeshare to your friend but Westgate exercised their Right of First Refusal (ROFR). 
- You're ok with the ROFR but you want help with the Quit Claim Deed (QCD) Westgate sent you. They only sent a single page QCD. You would like someone to take a look at the QCD. 

(_Tam_phan, please attached another copy of the QCD. The file or image in your original post isn't viewable._)

You have the following questions:
1. Do you need to request any additional documents from Westgate?
2. Will you still own the timeshare after you sign the QCD?
3. Will this remove your name from the deed?
4. Do you still have to pay the HOA (assuming your 2015 maintenance fee) after you sign the QCD?
5. You want to confirm that you're done with Westgate, one you've signed and sent back the QCD to Westgate. 

*I hope folks that are familiar with the ROFR process, QCDs and Westgate will provide their feedback. 
*

As far as I know, the Quit Claim Deed should transfer ownership from you back to Westgate (thus removing you from the deed). 
I just don't know:
(a) if any additional documentation is mandatory (like a sales agreement)
(b) who is responsible for paying the 2015 Maintenance Fee to the HOA (you or Westgate). I'm guessing Westgate would be on the hook once you sign the QCD.

Good Luck


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## tam_phan (Dec 14, 2014)

Thank you for all feed back. I have paid all the HOA. I would like to make sure that after QCD signed I will no longer owner of the timeshare and no longer responsible for anything and my name take off the deed. I need help with second eyes is there any alerts statement on the QCD. So I don't get trap again with westgate. Thank you for your advice.


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## theo (Dec 14, 2014)

*My two cents' worth...*



tam_phan said:


> <snip> I would like to make sure that after QCD signed I will no longer owner of the timeshare and no longer responsible for anything and my name take off the deed. I need help with second eyes is there any alerts statement on the QCD. So I don't get trap again with westgate. Thank you for your advice.



The quit claim deed content is *likely* quite straightforward, but you will later need to confirm that it then gets *recorded* (in the official records of the applicable county). Until and unless the new deed actually gets *recorded*, you will remain the legal owner.

I would respectfully suggest paying the (likely modest) expense required to  have an attorney simply review your QCD *before* you sign it and return it to Westgate. Unfortunately, at least in my personal opinion,  Westgate can simply never be trusted to just "do the right thing".


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## tam_phan (Dec 14, 2014)

theo said:


> The quit claim deed content is *likely* quite straightforward, but you will later need to confirm that it then gets *recorded* (in the official records of the applicable county). Until and unless the new deed actually gets *recorded*, you remain the legal owner.
> 
> I would respectfully suggest paying the (likely modest) expense required to  have an attorney simply review your QCD *before* you sign it and return it to Westgate. Unfortunately, Westgate is simply not always particularly trustworthy --- to say the least.



Thank you Theo, Do you know what is approximate cost for attorney fee? How do I check if they are recorded to court? Do I need request them to write to us that they will record to the court. Thank you


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## theo (Dec 14, 2014)

tam_phan said:


> Thank you Theo, Do you know what is approximate cost for attorney fee? How do I check if they are recorded to court? Do I need request them to write to us that they will record to the court. Thank you



Not knowing the type of area in Virginia in which you live (urban? rural? suburban?), no one can accurately answer the question of attorney fees to review your QCD. Phone calls to attorney offices in your immediate area, easily found in the Yellow Pages of your local phone book, should easily provide at least a general range of cost. Be very clear that all you want is a *review* of a QCD which has already been prepared by the grantee (Westgate, in this case), simply to obtain objective, independent confirmation that there are no "booby traps" or other inadequacies hidden within the QCD language --- no more, no less. 

Cost should certainly be less than a very few hundred dollars, at most. If your reviewing attorney finds the QCD deed content to be straightforward and acceptable, you can also get your signature on the QCD notarized during that same visit. You *may* later be able to easily find the deed online after it is recorded, depending on the County (the County where the resort is located, not where you are located), by simply entering your own name as the deed "grantor" in an online search of the records in that County. *Most* (...but certainly not all) deeds can be easily retrieved and viewed online in that manner in this day and age.

There is really no point in requesting Westgate to notify you of *anything*; Westgate simply cannot be trusted at all (in my personal opinion anyhow). 

Good luck.


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## Cheryl20772 (Dec 14, 2014)

Perhaps an example would be helpful.

I signed a QCD for a resort in Daytona Beach, Florida. That resort is in Volusia County, Florida. I can go to the website for the Clerk of Circuit Court of Volusia County and search for the deed showing we owned that week at that resort. All I do is search for my last name first name middle initial. That's all I have to enter there to get my ownership history since we bought in 2001. Here's the page leading to where I search https://www.clerk.org/or/publicrecords/publicrecords.jsp?subpage=or.html&inqType=3

So far no document has been registered removing our ownership. I keep checking for it.

After waiting 3 to 6 months after you submit the QCD you should begin looking for a change in your ownership documents in the office of the clerk for the county where your resort is located. If you don't find a change in your account you need to bug the legal department at the resort about why it has not yet been documented. They might ask you how you know it wasn't recorded and you can provide them with a printout of your public record.


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## theo (Dec 15, 2014)

Cheryl20772 said:


> <snip> If you don't find a change in your account *you need to* *bug the legal department * at the resort about why it has not yet been documented. They might ask you how you know it wasn't recorded and you can provide them with a printout of your public record.



Your example and advice above are mostly solid, but with all due respect I must note that it's slimy Westgate at issue in this specific instance under current discussion. Accordingly, I seriously doubt that any phone calls to Westgate legal staff, made by a person for whom English is clearly a second language to begin with, could or would prove to be productive, illuminating or in any other way satisfactory for anyone at either end of that phone call. 

When it comes to Westgate (not that I would ever have anything to do with Westgate in the first place, personally) I'd communicate everything (to *or* from Westgate) *only in writing*. Just my own personal opinion and thoughts. YMMV.


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## Cheryl20772 (Dec 15, 2014)

In my experience, phoning didn't prove very satisfactory either. I went to the resort manager's office and stood there until I was given attention (they were in the middle of a meeting there and my presence without an appointment was very irritating to them I could tell). After I explained my situation and produced my evidence, they promised to research it and call me that week. I did receive a call the next day promising action in 3 to 6 months. 

So I am still waiting and what happens to me with this resort doesn't necessarily pertain to the OP's situation. It just shows how one can do QCD with a resort and still have trouble seeing your name off the deed. I hope my explanation can at least help the OP know what to look out for.


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## tam_phan (Dec 16, 2014)

Hello All,

Thank you all of your advices. An attorney has reviewed my QCD and he said that is fine that I can signed and send to them. One thing he recommended to ask them to write email to me about the approximate time that my name will take off the deed. later I can call legal department after the date they mentioned on the email if my name not take off the deed. I hope it should take off soon.


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## theo (Dec 16, 2014)

tam_phan said:


> Hello All,
> 
> Thank you all of your advices. An attorney has reviewed my QCD and he said that is fine that I can signed and send to them. One thing he recommended to ask them to write email to me about the approximate time that *my name will be taken off the deed*. Later I can call legal department after the date they mentioned on the email if my name not take off the deed. I hope it should take off soon.



Glad to learn that you successfully obtained attorney review of the QCD and that everything was found to be in order; smart move on your part and well done.

You can *ask* Westgate to inform you of the time it takes to get the new deed officially recorded, but Westgate may not respond --- or be accurate if they do respond. 
In order to be able to resell that ownership to someone else, Westgate first needs to have it back in their legal possession, so hopefully QCD recording will be prompt.  

Did you get your signature on the QCD notarized while at the attorney office, as suggested previously? Many / most deeds require that signatures be notarized. 
If you didn't get your signature notarized at the attorney office, many (but not all) banks will do so for you (and at no cost) if you have an account there.
Best of luck to you.

P.S. Just to clarify a point, names never actually get "taken off" any recorded deed. More accurately stated, a new deed with a new grantee name supersedes the last deed (which remains intact in the  records) for a property (or a timeshare week). The deed in place now will always remain on file in the public records, without *any* modification, but it will become "superseded" by a newer deed (QCD in this case) identifying a new "grantee" (Westgate, in this case). Deeds never get "removed" or altered, once officially recorded. There may later be corrections, made via a new deed, or a deed is simply superseded by a newer one showing a new owner. These records form a continuous "chain" of ownership which stays on file, essentially forever. Following this "chain" backwards is much of what goes on in any "title search".


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## Cheryl20772 (Dec 16, 2014)

theo said:


> P.S. Just to clarify a minor point, your name doesn't actually get "taken off" the current deed. The newer QCD simply replaces the current one naming you as "grantee".
> The deed in place now will remain on file in the public records, but it will be "superseded" (replaced) by the newer QCD now making Westgate the newest "grantee".



That's my understanding as well. What I'm looking for in the county record is the addition of a new document registration which shows transfer of ownership back to the resort from us.


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