# Trying to help my girlfriend get out of her timeshare contract



## rukiddin (Aug 21, 2020)

Hello all.

Prior to being my girlfriend, she went to a Wyndham Timeshare presentation in Las Vegas with another friend.  That friend was really gun ho on getting a timeshare/points.  They sat thru the presentation and when it came time to purchase, her friends credit was horrible.  My girlfriend literally had no intention of buying.  Anyhow, her friend is a trust baby, and said he'd buy the timeshare from her by refinancing it after the fact.  Since my girlfriends credit was great, she ended up buying it.  Her friend wasn't able to finance it, and now she's stuck with these points with no way to make payments.

First, it was shortly thereafter that she and I started dating, and she told me about all the perks she received, free bonus points, etc.  We tried to book something, and surprise, nothing was available (this was Jan/Feb pre-covid).

I thought she owned the timeshare outright, and didn't think much of it.  Later I found out that she owed over $40k on the timeshare.

Here are the problems.

1.  My girlfriend had a brain injury when she was young, and while she's mostly fine, she's not really employable.  She hasn't held a real job in 20+ years.

2.  My girlfriend makes her money doing odd jobs here and there, and with the Covid pandemic, she's not able to make any money.  So she can't afford to make any payments at all.  If you looked at her tax return it would show ZERO income.  They had no business signing her up for a timeshare.

3.  She was actually married at the time, and her spouse wasn't in the meeting when she bought the timeshare (they are now getting a divorce, in part because of this timeshare fiasco).

4.  When she bought the timeshare, they signed her up for a Vacationclub Credit to "Pre-fund" the deposit with 6 months no interest.  They also signed her up for a Wyndham credit card to make the monthly maintenance payments.  (also to make sure they could get the money from her I'm sure)

At this point, I had her pay off the Credit company that paid the deposit, and I had her pay off the Wyndham credit card, and then cancel them both.  So all told, she's paid about $6-$7k towards the timeshare.  She really doesn't have any money, but this has reduced the number of people going after her, and credit companies are harder on your credit than timeshare companies.

I figure there are 2 options going forward.

1.  Work with a Third Party - Law Firm to get this to all go away.. FYI, I've spoken to one, and have a price of $8k and they will make it go away. (she doesn't have $8k, but i could loan/gift it to her).  They offer a  100% money back guarantee, but who knows if that's worth anything.

2.  Just stop making payments and let it default.

Working with Ovation won't work since she still owes more than $40k.  

Are there any other solutions?  Her credit is important to her, but honestly she doesn't really need it.  Plus I've heard that the worst that could happen is that it will show some kind of default with the word TIME SHARE attached to it, which I think most people would understand and look past.

I've heard good and bad with regards to law firms.  So I don't know what to believe.

Any advice or tips would be appreciated.

Mike


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## tschwa2 (Aug 21, 2020)

Is there any chance the original friend can be guilted into stepping up?


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## rickandcindy23 (Aug 21, 2020)

She should walk away from this.  If she doesn't need credit for like 5 years, tell her to stop paying.


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## jabberwocky (Aug 21, 2020)

So what field of work is she in that she works odd jobs but reports zero income?  And they loaned her over $40k?  I would say walk away on this one. She should never have signed in the first place, unfortunately.


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## montygz (Aug 21, 2020)

Walk away. It seems odd to me as well that they loaned someone with no income $40K.

Also, if she was married at the time, I would think her ex-husband would also be on the hook but I'm no attorney.

I would stay away from this entire situation.


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## dgalati (Aug 22, 2020)

rukiddin said:


> Hello all.
> 
> Prior to being my girlfriend, she went to a Wyndham Timeshare presentation in Las Vegas with another friend.  That friend was really gun ho on getting a timeshare/points.  They sat thru the presentation and when it came time to purchase, her friends credit was horrible.  My girlfriend literally had no intention of buying.  Anyhow, her friend is a trust baby, and said he'd buy the timeshare from her by refinancing it after the fact.  Since my girlfriends credit was great, she ended up buying it.  Her friend wasn't able to finance it, and now she's stuck with these points with no way to make payments.
> 
> ...


@Grammarhero may offer some options.


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## jwalk03 (Aug 22, 2020)

Who the hell agrees to buy a timeshare for their “friend” who apparently has worse credit than someone with no income??

mans how does someone with no income pay $6-7k?

Stop paying, ignore the threats, sounds like she is judgement proof anyway!!


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## steve_solo (Aug 22, 2020)

Don't pay the law firm $8K to make it go away. They will not win against Wyndham and her credit will get dinged anyways.
I would check the state laws where she lives to make sure that the ex is not also responsible for the debt even though he didn't sign.
Some states treat a couple almost like a individual when it comes to debts.


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## Roger830 (Aug 22, 2020)

I thought that the NINJA loan (No Income, No Job, and No Assets) went the way of the prior financial crisis. 

Apparently sales weasels are hungry.


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## am1 (Aug 22, 2020)

Why try and stiff the husband for something she signed on her own regardless of the reasons?  Get her to go after the friend.  Also sign a prenup and no do not co mingle assets.  Sad situation but buy her owning it it goes to her character.


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## presley (Aug 22, 2020)

She can send a letter saying she cannot pay and won't be making anymore payments. Eventually, it will go into foreclosure. She will take a credit hit, but since she shouldn't be going into debt anyway, it won't make any difference.


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## bnoble (Aug 22, 2020)

If the divorce isn’t final this is a topic that she needs to discuss with her lawyer before she takes action. It could have consequences for the settlement.

But, eventually, she will need to follow course of action #2.


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## ddavid1073 (Aug 22, 2020)

If all else fails and she doesn't want to ruin her credit, try renting the points for the next few years and see if she can make a go of it that way.  I've never done it but this would be the place to ask questions and/or review posts on how it can be done successfully.  It sounds like she's got the time to make it work.  Just another thought....


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## tschwa2 (Aug 22, 2020)

ddavid1073 said:


> If all else fails and she doesn't want to ruin her credit, try renting the points for the next few years and see if she can make a go of it that way.  I've never done it but this would be the place to ask questions and/or review posts on how it can be done successfully.  It sounds like she's got the time to make it work.  Just another thought....


While she may be able to cover mf's by renting out, she won't be able to cover the loan.  Add to this that travel is down due to Covid so way less demand than supply so while in a normal year renting may have been easier it won't be this year.


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## silentg (Aug 22, 2020)

am1 said:


> Why try and stiff the husband for something she signed on her own regardless of the reasons?  Get her to go after the friend.  Also sign a prenup and no do not co mingle assets.  Sad situation but buy her owning it it goes to her character.


I didn’t see him say they were getting married? With her medical history she should contact the timeshare and let them know her curcumstances. Sounds like she was  Pressured to buy it. Don’t hire anyone or pay anymore money. She should get all her money back. Let us know how things go.


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## Passepartout (Aug 22, 2020)

I think she's likely judgement proof, but should consult local legal advice. Foremost- DO NOT sign onto ANY get you out of your timeshare outfit. They are SCAMS! 

Be careful going forward with your marriage to not co-mingle assets. That could also co-mingle the debts.

Best Wishes

Jim


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## Luanne (Aug 22, 2020)

silentg said:


> I didn’t see him say they were getting married? With her medical history she should contact the timeshare and let them know her curcumstances. Sounds like she was  Pressured to buy it. Don’t hire anyone or pay anymore money. She should get all her money back. Let us know how things go.


See first post, #3.  She was married at the time of the purchase, but not to the OP.


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## am1 (Aug 22, 2020)

silentg said:


> I didn’t see him say they were getting married? With her medical history she should contact the timeshare and let them know her curcumstances. Sounds like she was  Pressured to buy it. Don’t hire anyone or pay anymore money. She should get all her money back. Let us know how things go.


That can be the next step in relationships.  Just some free advice.  He did mention that he was willing to loan/gift the money to the exit company which would have been happy to scam them.  People do not normally do that unless it is serious. Like I said early go after the friend who wanted to make the purchase.
A wife can purchase items with the husband being there.
Take comfort in knowing that she is not the only one this happened to.  A very expensive lesson.


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## davidvel (Aug 22, 2020)

am1 said:


> Why try and stiff the husband for something she signed on her own regardless of the reasons?  Get her to go after the friend.  Also sign a prenup and no do not co mingle assets.  Sad situation but buy her owning it it goes to her character.


We don't know anything about their relationship, assests (collectively as a couple), what the husband may have "signed on his own", etc. All of which MUST be disclosed in a divorce. We don't  know what debts he'll  try to "stick" her with.  Her attorney (which she should have in a divorce given her medical/brain issues) should be aware of the debt. 

Characterizing it as sticking the husband with it, knowing none of their situation or relationship, is a bit over the top and judgmental.


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## am1 (Aug 22, 2020)

davidvel said:


> We don't know anything about their relationship, assests (collectively as a couple), what the husband may have "signed on his own", etc. All of which MUST be disclosed in a divorce. We don't  know what debts he'll  try to "stick" her with.  Her attorney (which she should have in a divorce given her medical/brain issues) should be aware of the debt.
> 
> Characterizing it as sticking the husband with it, knowing none of their situation or relationship, is a bit over the top and judgmental.


Not trying to be judgmental but she should own this one on her own.


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## Richelle (Aug 22, 2020)

If you want to go the legal route, don't use a firm you find on the internet.  So many are scams.  So many use scare tactics to convince people they should get out.  Find a lawyer in your local area and ask for a referral.  I suggest your local area because if they have law offices set up that you've seen personally, they are more likely a legit lawyer.  You don't know what you get with these online places.  Do you think her brain injury made her easily manipulated?   I have an Aunt who has a brain injury and it's easy to convince her of something the rest of us can easily write off as fake.   My aunt would take what the salesperson says as gospel, without question.  If that's your girlfriend, I would bring that up to the lawyer.  You could also find out if you can hold the friend liable for their part.  It might be a costly legal battle to go through that, but it's an option to discuss.  Best of luck to you.


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## Pathways (Aug 22, 2020)

Hold the friend liable? There are two sides to every story.  We have heard only one, and let's get real, it wouldn't make it through Judge Judy, let alone a real court.

I say huge kudos to the OP and GF for paying off the debt that they have, many would have walked on the whole thing.  If only Wyndham is left, not one dime more.  Let them pound sand.  (and don't waste money on attorneys, maybe a legal aid consult - ok)


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## am1 (Aug 22, 2020)

Pathways said:


> Hold the friend liable? There are two sides to every story.  We have heard only one, and let's get real, it wouldn't make through Judge Judy, let alone a real court.
> 
> I say huge kudos to the OP and GF for paying off the debt that they have, many would have walked on the whole thing.  If only Wyndham is left, not one dime more.  Let them pound sand.  (and don't waste money on attorneys, maybe a legal aid consult - ok)



For sure the boyfriend could get worked just as he has been told the friend worked the girlfriend.


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## rukiddin (Aug 22, 2020)

Thanks for all the feedback.  Here's a little more info.

1.  The friend feels awful, and will probably pay any legal fees, and has started making payments towards what I had her pay off already.

2.  I am serious about this relationship, and she is too, and I've told her that this has to be cleared up before we could move forward (not to mention she needs to get her divorce finished, and with the whole covid thing that has languished.  I hadn't thought about the fact that it could impact the divorce.  She won't be happy to hear that.)

3.  We both live in California, as does her husband who's she's separated from. (for those of you wondering about divorce law etc.)  I figured that he could be liable.  California is that kind of state.

4.  It is an unusual situation, but there are some unusual circumstances here.  I'm aware of what's transpired, and have spoken to all involved.  Even the soon to be ex.

The law firm I found happens to be based here locally, so I could visit their office.  They have asked me to do as much.  They aren't big advertisers, like some of the others.  They appear to be a law firm that must have dealt with several timeshare cases, and so they started a division that just deals with timeshares.  Business must be good.

I personally believe that it's best if she just not make any payments and wait for it to go away.  I just don't know how long that will take.  She doesn't want to put her life on hold, and that's what might happen if we wait.  The law firm said it could take 18 months.  My guess is it will default and then any money paid to the law firm would have been wasted.

She was definitely taken advantage of.  She's not naive, but in this case it all sounded so wonderful, and because of her friend, it seemed like a no lose situation.  It was the perfect storm.  If she had called me during the meeting, I would have told her to run for sure!

Again, thanks for all the input.

Mike


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## troy12n (Aug 22, 2020)

From what i've heard, people trying to "walk away" from timeshares, Wyndham sues you for future maintenance fees as well as the balance of the loan because they consider it something like 30 years of prospective income "lost"... probably should consult a lawyer. 

I'm at a loss as to how she got a loan with no verifiable income


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## am1 (Aug 22, 2020)

Everyone who buys gets taken advantage of.  Unless it was documented or she disclosed she "is not of sound mind" or the salesman knew that, whatever the law is then I do not see the case.  It is what it is and se signed. How many documents has she signed where she was happy to and things worked out?  How was she able to sign to be married and now seperated and then divorced.   People have the right to make their own decisions both good and bad.


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## Pathways (Aug 22, 2020)

troy12n said:


> I'm at a loss as to how she got a loan with no verifiable income



Not really a loan when Wyndham 'sells' you a timeshare. The salesman doesn't care if you make a dime, and as long as you make payments for a while, corporate will never know what sales did.


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## bobbyoc23 (Aug 22, 2020)

rukiddin said:


> 2.  I am serious about this relationship, and she is too, and I've told her that this has to be cleared up before we could move forward (not to mention she needs to get her divorce finished, and with the whole covid thing that has languished.  I hadn't thought about the fact that it could impact the divorce.  She won't be happy to hear that.)



It's great that you're in a serious relationship and you're willing to help her with this burden.  However, I think it is unwise to provide this much financial assistance without being married.  There are other ways you can help, like providing sound advice and listening to her worries, fears, etc., which it sounds like you are.  I apologize if I've overstepped my bounds (this does not address the question in the initial post), but I have seen people get burned by providing financial assistance in relationships that do not materialize into something more.

Good luck to you both!


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## presley (Aug 23, 2020)

rukiddin said:


> 3. We both live in California, as does her husband who's she's separated from. (for those of you wondering about divorce law etc.) I figured that he could be liable. California is that kind of state.


In California, no one can buy a timeshare without both spouses signing for the sale. Maybe if she bought out of state, she could have bought without spouse, but there's no way to buy a timeshare in California without the spouse signing. If he is on the timeshare, they are both responsible and both of them will get a credit ding.

I still don't understand the "friend" situation. Is the friend listed on the timeshare? Is it deeded? Who is it deeded to? Way too many people and variables in this situation. She can potentially get out of it quicker by not using an attorney and just telling Wyndham that she refuses to pay. Let the friend the spouse figure out their own exit strategies.


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## am1 (Aug 23, 2020)

presley said:


> In California, no one can buy a timeshare without both spouses signing for the sale. Maybe if she bought out of state, she could have bought without spouse, but there's no way to buy a timeshare in California without the spouse signing. If he is on the timeshare, they are both responsible and both of them will get a credit ding.
> 
> I still don't understand the "friend" situation. Is the friend listed on the timeshare? Is it deeded? Who is it deeded to? Way too many people and variables in this situation. She can potentially get out of it quicker by not using an attorney and just telling Wyndham that she refuses to pay. Let the friend the spouse figure out their own exit strategies.



Once again why try screwing over the husband who had nothing to with this and according to OP part of the cause of divorce.  Divorce does not have to be a war and just looking out for yourself.


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## RX8 (Aug 23, 2020)

The “law firm” telling you that it will take 18 months and cost you $8000 is probably what we call a timeshare exit company. Anyone, including people just out of jail, can start a company and call themselves an exit company.  This industry isn’t regulated and there are many bad stories of people paying and still owning their timeshare years later. Even the ones with good ratings aren’t immune. The Washington state Attorney General is suing one such “successful” company. There are stories of owners being foreclosed on with the exit company not refunding because they claim the owner is now free from the timeshare. 

Most success stories from these exit companies are those in which the exit company just deeds back the timeshare under an open deed back program or they give the timeshare away, things an owner could do themselves and save the huge upfront fee (note the timeshare must be paid off). When it gets complicated, like with an outstanding mortgage, they sit on it forever, well past your time to dispute with your credit card. 

In summary, one really never wins with an exit company. Either one will pay thousands that they could do themselves for relatively little or they pay thousands and never get out from the timeshare.


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## bogey21 (Aug 23, 2020)

rukiddin said:


> 2.  Just stop making payments and let it default.



No need to procrastinate.   Lawyers are not worth the money in her situation.  Number 2 is the way to go...

George


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## Grammarhero (Aug 23, 2020)

rukiddin said:


> Thanks for all the feedback.  Here's a little more info.
> 
> 1.  The friend feels awful, and will probably pay any legal fees, and has started making payments towards what I had her pay off already.
> 
> ...



@rukiddin
Where is the TS deeded?  Is it CWA or Nevada?  That would tell you what legal regime in which you deal.

If you make the hard decision to default, please kindly let us know if her credit got affected.  It would help tuggers in similar situations moving forward.

Out of six (6) Wyndham loan defaults reported on TUG, three (3) got reported to the credit agencies.  One was told me in confidence, so I cannot post that information here.  Here are the links to the other five (5) Wyndham loan defaults:

https://tugbbs.com/forums/threads/2015-about-to-start-the-foreclosure-process.231584/page-8

https://tugbbs.com/forums/threads/b...ay-late-any-advice.293818/page-2#post-2360423

https://tugbbs.com/forums/threads/rescission-not-being-honored.303588/

https://tugbbs.com/forums/threads/timeshare-default-credit-report-collection-tracking.304138/ 










						[ 2020 ] Timeshare Default Credit Report/Collection Tracking
					

Some of you know I have been tracking this.  Out of four (4) more TS defaults reported on TUG Facebook, one (1) got his credit affected.  It’s a start, but I have tabbed the following stats: 1) out of 43 reported defaults, 13 got reported to the credit agencies 2) out of 26 MF defaults, 4 got...




					tugbbs.com


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## Richelle (Aug 23, 2020)

This may be a long shot, but try calling the Wyndham Cares line to see what her options are.  She needs to tell them she cannot pay and see what they say.  They may put you in touch with some resellers and do a short sale type deal.  It's worth a shot.

866-948-4690


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## davidvel (Aug 23, 2020)

presley said:


> In California, no one can buy a timeshare without both spouses signing for the sale. Maybe if she bought out of state, she could have bought without spouse, but there's no way to buy a timeshare in California without the spouse signing. If he is on the timeshare, they are both responsible and both of them will get a credit ding.
> 
> I still don't understand the "friend" situation. Is the friend listed on the timeshare? Is it deeded? Who is it deeded to? Way too many people and variables in this situation. She can potentially get out of it quicker by not using an attorney and just telling Wyndham that she refuses to pay. Let the friend the spouse figure out their own exit strategies.


I've never heard of this law, do you have a citation?


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## davidvel (Aug 23, 2020)

am1 said:


> Once again why try screwing over the husband who had nothing to with this and according to OP part of the cause of divorce.  Divorce does not have to be a war and just looking out for yourself.


Why do you assume the husband is getting screwed in the divorce if this debt is factored into the divorce (which under CA law it is required to be)?
 How do you know husband is not including debts he incurred alone (credit cards, guns, boats, cars, motorcycle), thereby evening out the equation? 

In CA, all debt and obligations incurred by either spouse (including legal liabilities) during marriage belongs to the community (ie  both spouses).

Choose your partner wisely.


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## am1 (Aug 23, 2020)

davidvel said:


> Why do you assume the husband is getting screwed in the divorce if this debt is factored into the divorce (which under CA law it is required to be)?
> How do you know husband is not including debts he incurred alone (credit cards, guns, boats, cars, motorcycle), thereby evening out the equation?
> 
> In CA, all debt and obligations incurred by either spouse (including legal liabilities) during marriage belongs to the community (ie  both spouses).
> ...



Wife goes off and buys a timeshare for a friend who has worse credit then her and then people suggest she divides the debt or just looks after her part in getting out of it.  No one suggesting to stiff the husband knows their situation either.  California may allow whatever they want but a person can go above and beyond that and do the right thing.  Your last sentence is very important.  Sadly do gurantees and pretty bad return policy.


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## troy12n (Aug 23, 2020)

am1 said:


> Wife goes off and buys a timeshare for a friend who has worse credit then her and then people suggest she divides the debt or just looks after her part in getting out of it.  No one suggesting to stiff the husband knows their situation either.  California may allow whatever they want but a person can go above and beyond that and do the right thing.  Your last sentence is very important.  Sadly do gurantees and pretty bad return policy.



California is a "community property" state, which means ANYTHING acquired during the marriage is property and obligations of both parties. 

Also, in reading this thread it seems like the Husband wanted the TS but had worse credit than the wife (which makes nosense, considering she didnt have a job), so why shouldn't the husband be responsible for it too?


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## Luanne (Aug 23, 2020)

troy12n said:


> California is a "community property" state, which means ANYTHING acquired during the marriage is property and obligations of both parties.
> 
> Also, in reading this thread it seems like the Husband wanted the TS but had worse credit than the wife (which makes nosense, considering she didnt have a job), so why shouldn't the husband be responsible for it too?


It sounded from the OP's first post that the soon to be ex-hunsband had NOTHING to do with the purchase of the timeshare, and in fact one reason for the divorce was the timeshare mess.

The OP's girlfriend financed the timeshare for a friend, whose credit was bad.

So the husband, in my opinion, is off the hook.


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## troy12n (Aug 23, 2020)

Luanne said:


> It sounded from the OP's first post that the soon to be ex-hunsband had NOTHING to do with the purchase of the timeshare, and in fact one reason for the divorce was the timeshare mess.
> 
> The OP's girlfriend financed the timeshare for a friend, whose credit was bad.
> 
> So the husband, in my opinion, is off the hook.



That's not how that works... just like when the husband blows their community money on whores and cocaine or boats that wife doesn't know about... 

It works both ways... them's the breaks


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## Luanne (Aug 23, 2020)

troy12n said:


> That's not how that works... just like when the husband blows their community money on whores and cocaine or boats that wife doesn't know about...
> 
> It works both ways... them's the breaks


I should have added that yes, I understand CA is community property (I lived there) but in this case the soon to be ex wasn't the one who wanted it.  Just pointing that out since you seemed to think it was her husband who wanted the timeshare.


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## Eric B (Aug 23, 2020)

troy12n said:


> California is a "community property" state, which means ANYTHING acquired during the marriage is property and obligations of both parties.
> 
> Also, in reading this thread it seems like the Husband wanted the TS but had worse credit than the wife (which makes nosense, considering she didnt have a job), so why shouldn't the husband be responsible for it too?



I actually did practice a small amount of family law in CA long ago and would avoid making absolute statements about how things work because the devil is in the details.  I don't practice there or in that area any more, and definitely don't give legal advice on marital issues on an internet site about timeshares, but general rules tend to have exceptions and potential modifications through agreements.  This is definitely an area where you want to consult an expert that actually practices and is up to date on recent developments.


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## am1 (Aug 23, 2020)

troy12n said:


> California is a "community property" state, which means ANYTHING acquired during the marriage is property and obligations of both parties.
> 
> Also, in reading this thread it seems like the Husband wanted the TS but had worse credit than the wife (which makes nosense, considering she didnt have a job), so why shouldn't the husband be responsible for it too?



Already pointed out but your way off base on who wanted the timeshare.  There is the law and then the right thing to do.  Girlfriend should own her mistake.


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## troy12n (Aug 23, 2020)

am1 said:


> Girlfriend should own her mistake.



And if we are to believe what has been presented, no sane underwriter should have approved that loan... but here we are.


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## Grammarhero (Aug 23, 2020)

troy12n said:


> And if we are to believe what has been presented, no sane underwriter should have approved that loan... but here we are.


Incorrect.  TS salesmen approve anything.  All they care about is their 6 percent commission no matter the lives destroyed.


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## am1 (Aug 23, 2020)

troy12n said:


> And if we are to believe what has been presented, no sane underwriter should have approved that loan... but here we are.



Why?  As asked earlier was it documented or known to the sales people?  What is their duty to report people who they feel are not of sound mind to decide on a purchase? Then they want to sell to anyone.  Old, young, rich, poor.


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## dgalati (Aug 23, 2020)

Grammarhero said:


> Incorrect.  TS salesmen approve anything.  All they care about is their 6 percent commission no matter the lives destroyed.


Bottom line its a high pressure sale financed by a credit card and the developer. Banks ussually dont loan money on property that has a value of $0. Everyone that attends a presentation is just another mark in a sales persons eyes. A poster on tug referred to these marks as chum bait.


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## tschwa2 (Aug 23, 2020)

One thing the OP may want to check is the loan application.  How much did your girlfriend put down as her income?  Is that how much she makes?  If she lied about her income and signed (even at the sales mans request to put down that much) than it probably won't help unless she has proof that the salesperson told her to lie.  If on the other hand she has a copy of a loan application that says her income is $0 or $10,000 per year or something like that, you ask for a copy of Wyndhams copy for the application to see if that was changed after she signed then you may have a case that Wyndham committed fraud.


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## presley (Aug 24, 2020)

davidvel said:


> I've never heard of this law, do you have a citation?


No, but I purchased lots of timeshares in California. Both spouses have to purchase and that is why usually they won't allow one spouse to attend a timeshare presentation without the other. The only time I was able to buy without my husband was when I bought WorldMark from a resale broker in Washington and I think that was because I was literally buying points and no deed. 

I think the OP is missing a lot of information or isn't posting the entire story. None of that matters, though, since the OP is looking for help getting out of the timeshare. The best recourse is for her to stop paying and take a credit hit. If other people are on the timeshare or on the loan, they harassment will continue until everyone agrees to default. People can fuss that it isn't fair to the husband. Well, if he's on the contract, no amount of fussing is going to change the fact that he is responsible, too.


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## bnoble (Aug 24, 2020)

presley said:


> No, but I purchased lots of timeshares in California. Both spouses have to purchase and that is why usually they won't allow one spouse to attend a timeshare presentation without the other.


I'm not sure that's "it is not legal" so much as "resorts won't usually do it." I've always assumed resorts won't tour half of a married couple because the rescission rate is too high on those sales.


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## tschwa2 (Aug 24, 2020)

I've purchased and sold in California.  One spouse can purchase but both have to sign of on any sale if purchased while married.


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## bnoble (Aug 24, 2020)

tschwa2 said:


> I've purchased and sold in California.  One spouse can purchase but both have to sign of on any sale if purchased while married.


Interesting. I wonder if that would apply to (non-deeded) CWA?


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## tschwa2 (Aug 24, 2020)

bnoble said:


> Interesting. I wonder if that would apply to (non-deeded) CWA?


I don't know.  Not only is it not deeded but the trust is registered in Florida.  I am a non Californian who owned a deed in California.  I have no idea how things would work for Californians purchasing assets not in California.


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## davidvel (Aug 24, 2020)

You guys are the legal experts on California law, I'll defer to you.


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## Grammarhero (Aug 24, 2020)

davidvel said:


> You guys are the legal experts on California law, I'll defer to you.


I wouldn’t say anybody is a legal expert on California law.  They might have experiences of the legalities of California law, but no one here is an expert except CA attorneys.


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## Karen G (Aug 24, 2020)

I always thought that the reason the timeshare people don’t want just one spouse to attend the timeshare presentation without the other one is that the person they are talking to has a very easy come back as to why they won’t purchase: “I have to ask my husband or wife.”


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## am1 (Aug 24, 2020)

Karen G said:


> I always thought that the reason the timeshare people don’t want just one spouse to attend the timeshare presentation without the other one is that the person they are talking to has a very easy come back as to why they won’t purchase: “I have to ask my husband or wife.”


Correct


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## Eric B (Aug 24, 2020)

It’s a bit more complicated than that in California.  If you have any need for legal advice in that area, again, you are best off seeking counsel from someone that practices in that area of law.  Here’s a link to a very high level discussion of how it works that is in no way intended as legal advice to anyone:





__





						California Community Property and Real Estate
					

Find out how California community property law applies to transfers of real estate and create your own California deed in minutes, without an attorney.




					www.deedclaim.com


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## bnoble (Aug 24, 2020)

tschwa2 said:


> I don't know.  Not only is it not deeded but the trust is registered in Florida.  I am a non Californian who owned a deed in California.  I have no idea how things would work for Californians purchasing assets not in California.


I was thinking about sales that happened at a California resort.


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## tschwa2 (Aug 24, 2020)

If the girlfriend is in her early twenties, I might let it slide.  I wouldn't marry her until her debts are all under control and the OP should seriously consider a pre-nup to protect himself if she doesn't change/grow up.


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## Eric B (Aug 24, 2020)

tschwa2 said:


> If the girlfriend is in her early twenties, I might let it slide.  I wouldn't marry her until her debts are all under control and the OP should seriously consider a pre-nup to protect himself if she doesn't change/grow up.



Even if she did get herself together, don't you think your husband would object?


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## rukiddin (Aug 24, 2020)

Wow..this is a very active community!  Again, thanks for the input.

A little more info to paint the picture.

The timeshare was purchased in Nevada.

My girlfriend has no intention of sticking any of this to her ex.  They are amicable, and that's not the intention here.  I'm sure when they get their balance sheets in order, she'll take responsibility for this debt.

Again, the husband had nothing to do with the timeshare.

I am not offering financial aid, although I might if I saw a clear exit, which from where I sit, I don't see anything that does not involve a lot of time and waiting.

I will dig through the original applications to see what was written down (in terms of income).  I'll have to ask her if she was coached as to what to write on the application.

Thanks again for all the input.  I'm going to read up on some of the others who have gone through this.  I will of course report back as to what happens, and what hit her credit took.

Mike


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## am1 (Aug 24, 2020)

rukiddin said:


> Wow..this is a very active community!  Again, thanks for the input.
> 
> A little more info to paint the picture.
> 
> ...


Who cares what her income is other then in regards to the risk of loaning to her.  I wonder where their limit is between where she was and her friend who was declined?


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## dgalati (Aug 24, 2020)

tschwa2 said:


> I've purchased and sold in California.  One spouse can purchase but both have to sign of on any sale if purchased while married.


It applies to real estate purchased in Ohio also.


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## bogey21 (Aug 24, 2020)

bogey21 said:


> No need to procrastinate.   Lawyers are not worth the money in her situation.  Number 2 is the way to go..



The Number 2 I referred to is to Default.   Someone said to call Wyndham and try to talk them into taking it back.  I'm OK with that but if they won't, I still believe Default is the only answer here...

George


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## am1 (Aug 24, 2020)

bogey21 said:


> The Number 2 I referred to is to Default.   Someone said to call Wyndham and try to talk them into taking it back.  I'm OK with that but if they won't, I still believe Default is the only answer here...
> 
> George



Or pay a valid debt owed and move on.


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## Luanne (Aug 24, 2020)

am1 said:


> Or pay a valid debt owed and move on.


Hard to do when you don't have the money.


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## troy12n (Aug 24, 2020)

am1 said:


> Or pay a valid debt owed and move on.



If that was a possibility do you think the OP even would have posted this?


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## am1 (Aug 24, 2020)

troy12n said:


> If that was a possibility do you think the OP even would have posted this?


Had money to pay credit cards off.  But you are right.  A sad situation.  The op does seem to be helping resolve it.  Let’s remember everything happens for a reason.  
1.  Learn friend is not a person of their word.
2. Learn a very important lesson.
3. Divorce husband.  We do not know all the details.
4. Get together with OP.
Hopefully overall it’s a win.


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## dgalati (Aug 25, 2020)

am1 said:


> Had money to pay credit cards off.  But you are right.  A sad situation.  The op does seem to be helping resolve it.  Let’s remember everything happens for a reason.
> 1.  Learn friend is not a person of their word.
> 2. Learn a very important lesson.
> 3. Divorce husband.  We do not know all the details.
> ...


Sounds very complicated to me with to many variables or players involved.


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## needhelp (Aug 25, 2020)

How was the friend expecting to refinance, if his name is not on the loan? Why has he not been paying the monthly payments?
Is he continuing to shop for a loan to pay-off the balance?
Not sure if it would help, but can the friend sign a statement that he owes her this? (that usually helps on Judge Judy)


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## RX8 (Aug 25, 2020)

Karen G said:


> I always thought that the reason the timeshare people don’t want just one spouse to attend the timeshare presentation without the other one is that the person they are talking to has a very easy come back as to why they won’t purchase: “I have to ask my husband or wife.”



^^^ I agree with this. Another reason is that the timeshare salesperson can play one against the other. For example, if one party is interested but the other Is not, you can bet the salesperson is going to figure out how to exploit that.


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## dgalati (Aug 25, 2020)

RX8 said:


> ^^^ I agree with this. Another reason is that the timeshare salesperson can play one against the other. For example, if one party is interested but the other Is not, you can bet the salesperson is going to figure out how to exploit that.


Divide and conquer. This strategy works well and is exploited very well by the sales team. The first presentation I went on was at Heavenly Valley in Lake Tahoe Sept of 1987. My wife seemed really interested and the sales team went to work on me telling me what a great investment this would be at $12k for only one week of ownership. Then the champagne bottle corks went flying and every sales stodge stood up and clapped. This they said was because every time someone bought it meant the value of their ownership was going up.  Fortunately for me I had rental homes that provided me with accelerated depreciation that maximized the tax savings in the first 5 years along with principle reduction and hopefully some appreciation yearly. When I asked about how this investment would provide me with tax savings, yearly appreciation and monthly principle reduction paid by the renters they looked like a deer in head lights. I figured for $12 k down I would buy another $60,000 house that I controlled and could drive by every day. That day the sales team was beat down by a 25 year old that knew more then them about investment property and he worked to hard for his money to be fleeced out of it by some smooth Bullsh***** sales stodges.


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## am1 (Aug 25, 2020)

needhelp said:


> How was the friend expecting to refinance, if his name is not on the loan? Why has he not been paying the monthly payments?
> Is he continuing to shop for a loan to pay-off the balance?
> Not sure if it would help, but can the friend sign a statement that he owes her this? (that usually helps on Judge Judy)



Probably got wise and cooled off on the idea.


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## needhelp (Aug 29, 2020)

am1 said:


> Probably got wise and cooled off on the idea.


Which shows, he doesn't feel as bad about it as he says.


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## Grammarhero (Sep 29, 2020)

rukiddin said:


> Wow..this is a very active community!  Again, thanks for the input.
> 
> A little more info to paint the picture.
> 
> ...


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


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