# Need to terminate contract on  Wyndham star resort in Kissimmee



## Westlondonsun (Jan 28, 2018)

Purchased my week at star island Kissimmee resort back in 2000 through Century 21 when on holiday in USA . Believe the resort and contract I have is with Wyndham Resorts 

My kids have since grown and I no longer want this property and looks like it's virtually impossible to terminate the contract so was looking to instruct a legal firm in the U.K to deal with the termination. 

I just read up on this site there is something called Ovation programme where you can relinquish your timeshare back to Wyndham is this correct ?


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## Jan M. (Jan 28, 2018)

Westlondonsun said:


> Purchased my week at star island Kissimmee resort back in 2000 through Century 21 when on holiday in USA . Believe the resort and contract I have is with Wyndham Resorts
> 
> My kids have since grown and I no longer want this property and looks like it's virtually impossible to terminate the contract so was looking to instruct a legal firm in the U.K to deal with the termination.
> 
> I just read up on this site there is something called Ovation programme where you can relinquish your timeshare back to Wyndham is this correct ?



No need to waste your money on legal fees. Yes there is the Ovation program and if you are a Wyndham owner you could contact Wyndham to find out about it to see if they will take this back. If you have a Wyndham member number and use the Wyndham website or call center to book stays then you are a Wyndham owner. You could also list it in the Bargain Deals under the Buying, Selling, Renting forum here on TUG. You would likely be able to find someone interested in taking it off your hands in exchange for paying the transfer and closing cost fees or possibly splitting those costs with them. Do you know that you can deposit your Wyndham points in RCI and book stays at places throughout Europe? If you are a fixed week owner, not points I think you can also deposit it but I'm not sure how that works as we only have points. If you are a Wyndham owner you have a free RCI account or can get one set up. You and your family might be able to use stays closer to home.


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## Westlondonsun (Jan 28, 2018)

The legal company was going to claim against Wyndham for misrepresentation as they didn't tell us when we bought the timeshare we would be bound in for
perpetuity.


Few years back when in Orlando we listed the timeshare with an estate agent to sell and for 12mths whilst being advertised it got zero interest even though week of the timeshare is  the 4th July  so thought there wouldn't be anyone out there that would want this ? 

These ovation schemes are they open to anyone and do they normally get some cash back for the seller or do you normally just relinquish the property and thus cancel the contract?

How much does it cost and how long does the process take ?


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## Jan M. (Jan 28, 2018)

Westlondonsun said:


> The legal company was going to claim against Wyndham for misrepresentation as they didn't tell us when we bought the timeshare we would be bound in for
> perpetuity.
> 
> 
> ...



Do not waste a single penny on legal fees trying to fight this, you don't have a chance of winning. I'm absolutely positive whether they told you or not, whether you understood or not, that the papers you signed stated you owned this in perpetuity.

The timeshare resale companies are another waste of time and worse, your money!

I would expect someone here on TUG will want a 4th of July week! Wyndham is really slow right now in processing transfers of deeds so I would expect no less than 3 months, possibly 4. There are a number of posts here on TUG about the transfer fees and if I'm remembering correctly someone recently posted that LT Transfers charges $299. Many people have used them so they have a good history with the people on TUG.

You will have to contact Wyndham and talk to the people in Ovations to see what they will offer you, if they are even willing to take it back. In some cases they just offer to take it back and in others they take it back and you get to use your points for three years with no maintenance fees. If all they are willing to do is take it back, please consider giving someone here on TUG a chance to take it before you do that.


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## raygo123 (Jan 28, 2018)

Its timeshare ownership.  It has a deed atached to it.  By definition of a timeshare you bought a piece of property. 1/52 of a unit during july.  Could you give your house back?  Also, the only facts that would be in question is what is in writing.  No verbal agreement or understanding can be taken into consideration. That is why you will lose.  Besides ovation is free and your timeshare is worthless.  Since you bought from Wyndham they may give you 3 weeks use, if they take it back.

Sent from my LGLK430 using Tapatalk


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## comicbookman (Jan 28, 2018)

raygo123 said:


> Its timeshare ownership.  It has a deed atached to it.  By definition of a timeshare you bought a piece of property. 1/52 of a unit during july.  Could you give your house back?  Also, the only facts that would be in question is what is in writing.  No verbal agreement or understanding can be taken into consideration. That is why you will lose.  Besides ovation is free and your timeshare is worthless.  Since you bought from Wyndham they may give you 3 weeks use, if they take it back.
> 
> Sent from my LGLK430 using Tapatalk



It is Wyndham, but the OP stated it was bought from Century 21, so may be resale.  I have used ovation for resale.  It was quick and painless, but I got zero for turning in my contracts.


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## vacationhopeful (Jan 28, 2018)

Email Wyndham about the Ovation program. As you live in the UK and are most likely judgment proof, I would send a monthly or quarterly letter to the HOA at the resort to just ask for the paperwork to return this deeded week to them. Be sure to label each letter with the current date and the LIST of the prior dates you sent the letter. And to NOT pay another penny in any fees ... MF, transfer fee, legal fees, etc. You will have to get the NEW DEED (prepared by the management company if the TAKE IT BACK ... but you would need it noterized by a US notary ... trip to the US Embassy or any other local to use, US notary.


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## chapjim (Jan 28, 2018)

Claiming you were misled seventeen years after the purchase is a guaranteed losing legal argument.  And, while we constantly dump on timeshare salespersons, I would bet money that one contract term that was also part of the oral sales pitch is something about deeds, being able to will the property to next of kin, etc.


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## tschwa2 (Jan 28, 2018)

I don't think Star Island is currently or ever was completely Wyndham.  So there is a chance that the OP doesn't even own a Wyndham timeshare.  In that case Ovations wouldn't apply.


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## Westlondonsun (Jan 28, 2018)

So do I call Wyndham tomorrow to ask about Ovation or do I not let on that I want to get rid of the property and instead ask for the new deeds ?


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## Jan M. (Jan 28, 2018)

Westlondonsun said:


> So do I call Wyndham tomorrow to ask about Ovation or do I not let on that I want to get rid of the property and instead ask for the new deeds ?



Call and ask. If they make you an offer you like, something more than just taking the deed back, don't hesitate too long as you may not be offered the same thing at a future date.


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## Westlondonsun (Jan 29, 2018)

Thank you all for your great advice so pleased I didn't sign on the dotted line with these claims / legal guys . I fully suspect I would have been £8000 worse off


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## Skipper Scooby (Jan 29, 2018)

When you call Wyndham about turning your deed back through Ovation, please ask them about the Limited Edition program. That is when they will give you 3 free years use of the points that you have now. There will be no more maintenance fees if you are approved for this. You may not qualify for this, but it doesn't hurt to ask.


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## vacationhopeful (Jan 29, 2018)

If Century 21 is Century 21 Real Estate Office, it is a license realtor .. not the Star Island onsite sales staff.... and prehaps NOT the onsite mangement owned realtor. 

The TRUE question to ASK TUGGERS is, WHEN did Star Island become associated with Wyndham and the sales office get run by Wyndham? In MY personal experience, *18 years ago .. .Wyndham HAD NO business with Star Island*. That deeded is a FIXED WEEK only deed ... unless YOU converted it to points by paying cash money to Wyndham.


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## jhoug (Jan 29, 2018)

Yes, is a good question and that sounds about right. 20 years ago or so (about 1997) we toured Star Island when it was fairly new and Wyndham was not part owner or affiliate with it then.  The OP needs to find out if it is a Star Island contract or a Wyndham Star Island contract


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## Westlondonsun (Jan 29, 2018)

Ok just got off the phone to Wyndham no record of our account with them .

Then called owner services at Star island resort and was told 

Originally it was owned by Vacation Break U.S.A which was then bought out by Fairfield communities inc which was then bought out by Wyndham so apparently Wyndham own HOWEVER as my morgatge has been paid in full I'm now only paying my maintenance fees which I pay directly to Star Island Condo Association and they only care about my yearly maintenance fees .

They also advised there was no way for me to sell or give it back to Star Island as they no longer have a sales office and recommended I contact Timeshare clearing house to sell the timeshare (although gentlemen did say it would be very slow to find a buyer) 

I explained I no longer want the property and was worried it would pass onto my children when I'm no longer here . He did say that wouldn't happen and they would terminate contract if both owners were to pass away . 

He suggested only way out right now would be to find a buyer and submit a Quit claim deed at the county office and file a probate for closure. I suggested I would probably need an attorney to do this and he said don't waste your money doing this and instead fill in myself and submit which sounded refreshing . 

I asked if he could send me
Over the contract by which we are tied into this property but he said he could not access these and instead should look to get the deeds from the county office but not sure if these would detail the small print and full terms and condition. Anyone know where I can get this from ?

I ended by asking what would happen if I defaulted and stopped paying maintenance fees he did say these would be sent out for debt collection (not sure what you call it in the states) but felt given we were in the U.K they probably wouldn't chase us here however I highly doubt this and suspect the debt would be sold to a U.K. Debt collection agency who once buying this debt would look to recover this through U.K. Courts .


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## vacationhopeful (Jan 29, 2018)

Post an FREE ad on TUG here under Bargain Deal ... after you find out HOW much the "transfer fee" is to have the resort or Wyndham RECOGNIZE the change of ownership. Wyndham charges $299 per deed transfer fee. Plus there a closing company company fee to write up the new deed and record the deed before the Resort Manager gets it (Wyndham or Star Island).

_Good luck_ and post back with the costs and how long ....  when you have this timeshare thing GONE!


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## Westlondonsun (Jan 29, 2018)

vacationhopeful said:


> Post an FREE ad on TUG here under Bargain Deal ... after you find out HOW much the "transfer fee" is to have the resort or Wyndham RECOGNIZE the change of ownership. Wyndham charges $299 per deed transfer fee. Plus there a closing company company fee to write up the new deed and record the deed before the Resort Manager gets it (Wyndham or Star Island).
> 
> _Good luck_ and post back with the costs and how long ....  when you have this timeshare thing GONE!




Who would let me know what transfer fees are? This is issue every time I speak to Star Island resorts they said they wouldn't have any info other than maintenance fees and whenever I speak to Wyndham they can't find my record on file


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## vacationhopeful (Jan 29, 2018)

Wyndham charges $299 per deed. Star Island's would mostly be LOWER. You could try and ask the Front Desk's ... ask if there is a someone who handles recording NEW ownership records onto the computer (fee would have to be paid before THAT happens ...),

Check you closing paperwork when you brought this property ... you know, in the packet with the deed or closing paperwork.


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## chrisGSD (Jul 11, 2019)

Westlondonsun said:


> Purchased my week at star island Kissimmee resort back in 2000 through Century 21 when on holiday in USA . Believe the resort and contract I have is with Wyndham Resorts
> 
> My kids have since grown and I no longer want this property and looks like it's virtually impossible to terminate the contract so was looking to instruct a legal firm in the U.K to deal with the termination.
> 
> I just read up on this site there is something called Ovation programme where you can relinquish your timeshare back to Wyndham is this correct ?



Hi

I'm not sure if "Westlondonsun" is still on this board, but I'll ask anyway, did you get anywhere with relieving yourself of this TS week?

I'm in the same position with Star Island Resort, bought in 1998 through Century 21.  From the inquiries I've made we are NOT part of Wyndham or Fairfield and they are NOT interested in any form of deedback.

Below is the email I got from owner services about Star Island Resort.

"Dear Owner,

Thank you for contacting Star Island Resort, your unit and week is under Star Island Resort, Wyndham has certain buildings on Star island Property, they do not own the property, the owner/ developer is still Hillie Meyers.

Some unit was under Fairfield, which is now under Wyndham, your unit and week was never under either of those companies.

Wyndham is doing the sale at Star Island property, keeping in mind your unit is a fixed week, Wyndham is a point's ownership.

Warm regards,

Cookie Bodison-Wright
Owner Services Supervisor
Star Island Resort & Crystal Beach Suites
5000 Ave of the Stars
Kissimmee, Fl 34746
Phone -407-997-8000 # 5287
Toll Free-800-633-8980
Fax-407-997-7883"


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## Passepartout (Jul 11, 2019)

I guess if Hillie Meyers is the developer, you should find out if he'll take a deedback, or what the charge is to register it in a new owner's name. Then list it for free here in TUGs Bargain Deals and/or on Craigslist where it's located. Make a nice ad and offer to pay the transfer cost. Someone will want it. You might consider offering a gift card when the deal closes.

Good Luck.

Jim


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## OutSkiing (Jul 11, 2019)

It's amazing to me that there is such a position as Owner Services Supervisor for the resort and that person has absolutely no recommendation on how to sell / exchange a unit under their purview. Since there are multiple non-Wyndham buildings at Star Island there must be hundreds of people in this position. I guess we could call these 'orphaned' units .. not a part of Wyndham but not a part of any other organization that can make a market. We like Star Island .. if it were not for Bonnet Creek it would be our 'go to' resort in Orlando. 

Also, wouldn't it qualify as a PIC unit if someone bought it and used it as a Wyndham PIC?  Even better if the maintenance fee is reasonable.

In addition to listing on TUG2 I would market it through eBay. 

Bob


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## RX8 (Jul 11, 2019)

I see this same scenario quite often with other posters looking to get pout of their timeshare.  It is quite sad actually.  In this case, Westlondonsun was given advice that they could probably find someone to take it, was given a suggestion to post for free on TUG and for whatever reason they did not follow the advice and just disappeared off the face of the internet.  Did they decide that giving it away was too much of a hassle?  Did they pay big bucks to hire the attorney after all?  Did they decide to stop paying?  We'll never know...


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## chrisGSD (Jul 14, 2019)

RX8 said:


> I see this same scenario quite often with other posters looking to get pout of their timeshare.  It is quite sad actually.  In this case, Westlondonsun was given advice that they could probably find someone to take it, was given a suggestion to post for free on TUG and for whatever reason they did not follow the advice and just disappeared off the face of the internet.  Did they decide that giving it away was too much of a hassle?  Did they pay big bucks to hire the attorney after all?  Did they decide to stop paying?  We'll never know...



Hi Thanks for the replies.

After the email from "Owner Services Supervisor" I sent several more emails that went unanswered, until I sent emails asking why they wouldn't reply to my emails.  I eventually got two curt emails from a Brian Turner with no indication as to what his position was.

"Mr. "redacted",
Star Island will not allow me to take back the Star Island timeshares.

Brian Turner
Star Island Resort & Club
5000 Avenue of the Stars
Kissimmee, FL 34746
800-247-0949 x3
407-997-8000 x5293"

I pushed again........

"Mr. "redacted",
I have already emailed you that Star Island is not taking back timeshare unit. You will have to sell or give the unit away to change ownership.
Regards,

Brian Turner
Star Island Resort & Club
5000 Avenue of the Stars
Kissimmee, FL 34746
800-247-0949 x3
407-997-8000 x5293"

Bearing in mind I was not asking them for payment of any kind.

At this point we are at our wits end, being based in the UK we have no easy access to legal advice, UK lawyers won't touch US issues. 

In recent time the EU has clamped down on timeshare with new laws which mean you cannot be forced to keeps a timeshare you don't want, but that only applies to timeshare's located in the EU jurisdiction.

I believe we were caught up in the mis-selling  that happened during the 1990's, but we bought our through a timeshare reseller.  We were assured this was an asset that we could sell at any time, the perpetuity basis was never fully explained, I guess that's the downside of not having a lawyer involved to fully explain the contract.

Regards

Chris


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## RX8 (Jul 14, 2019)

@chrisGSD, I would attempt to give it away for free and you could start by posting a free ad on TUG.  You could even sweeten the deal with a $500 gift card after closing. It isn’t hard to give away a timeshare, LT Transfers is one company who will do everything for you for minimal cost.

If that fails, and knowing you are in the UK, I would suggest telling that not so polite Brian Turner that you tried to give it away for free unsuccessfully and they could either take it back or they can start the foreclose process because you aren’t going to pay another dime.*

* I am not an attorney so take my advice with a grain of salt.


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## chrisGSD (Jul 14, 2019)

RX8 said:


> @chrisGSD, I would attempt to give it away for free and you could start by posting a free ad on TUG.  You could even sweeten the deal with a $500 gift card after closing. It isn’t hard to give away a timeshare, LT Transfers is one company who will do everything for you for minimal cost.
> 
> If that fails, and knowing you are in the UK, I would suggest telling that not so polite Brian Turner that they could either take it back or they can start the foreclose process because you aren’t going to pay another dime."
> 
> ...


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## chrisGSD (Jul 14, 2019)

Ooops something went wrong I appear to have quoted my reply!!!


Hi RX8

I've no idea what is involved in selling privately, can you post details on LT Transfers please. What sort of costs are involved?

"If that fails, and knowing you are in the UK, I would suggest telling that not so polite Brian Turner that they could either take it back or they can start the foreclose process because you aren’t going to pay another dime."

Hmm yeah been trying that for past two years, they don't seem interesting in foreclosing just sending ever increasing statements!!!! I'm not worried about them trying to collect from me in the UK, but they could sell on the debt to a UK debt agency who could then take me through UK courts.

Obviously if I try to give it away I'll need to pay up outstanding fees... I'm assuming LT will require paid up MF's.

Regards

Chris


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## chrisGSD (Jul 14, 2019)

I read on another thread  "ARDA also claims that there is a "Dissolution Policy" ",  does anyone know if this is true?

There was a link to ARDA https://responsibleexit.com/   Is this an option?

Regards

Chris


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## RX8 (Jul 14, 2019)

chrisGSD said:


> Ooops something went wrong I appear to have quoted my reply!!!
> 
> 
> Hi RX8
> ...



You are correct in that you will not be able to give this away unless it is up to date in maintenance fees. Having the fees paid at closing by LT Transfer is an option but honestly, there are many other free options out there at your resort that it is unlikely someone would want to deal with that issue. I looked at eBay completed sales for your resort and there are some sold, either for a buck or a little more, but there are also unsold auctions for your resort.

You referenced Responsible Exit. Taking a deed back is really is up to the resort. Here is a good thread on Responsible Exit - https://tugbbs.com/forums/index.php?threads/arda-page-responsibleexit-com.284460/

Knowing you are past due on your fees and you are in the UK, here is another option for you. Contact your resort again, reference Responsible Exit that you found at ARDA and offer to bring all your fees current if they would accept a deedback. If they say no, offer _next_ years maintenance fees as well. If they still say no you will have to decide what you want to do. Pay all fees current and try to give it away (maybe enticing a potential buyer with an added perk to separate your ad from all the others) or tell them that you aren’t going to pay anymore and that they can foreclose.


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## kaljor (Jul 14, 2019)

RX8 said:


> You referenced Responsible Exit. Taking a deed back is really is up to the resort. Here is a good thread on Responsible Exit - https://tugbbs.com/forums/index.php?threads/arda-page-responsibleexit-com.284460/
> 
> Knowing you are past due on your fees and you are in the UK, here is another option for you. Contact your resort again, reference Responsible Exit that you found at ARDA and offer to bring all your fees current if they would accept a deedback. If they say no, offer _next_ years maintenance fees as well.



I like this idea except for offering the next year maintenance fees.  If they don't accept an entirely reasonable offer of catching up on past due amounts, I would just never pay them again and never contact them again.  I'm no expert, but I can't believe they will spend any money at all trying to foreclose or collect from you, being in the UK.

Obviously just an opinion.  And good luck whatever you decide.


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## chrisGSD (Jul 16, 2019)

Hi

Thanks for the support.   I have put an Ad in the bargain posts section, I'll try to add to add one to the Bargain Basement section of the Marketplace at the weekend.

Looking at the ARDA site they don't have Star Island Resorts on their list, only the Club Wyndham part of the resort which we don't have


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## timetoplay (Jul 28, 2020)

After reading this thread I was wondering if anything was resolved?  I quit paying 4 years ago hoping they would foreclose.  Only recently they sent to a collection agency.


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## Grammarhero (Aug 6, 2020)

timetoplay said:


> After reading this thread I was wondering if anything was resolved?  I quit paying 4 years ago hoping they would foreclose.  Only recently they sent to a collection agency.


@timetoplay 
Know your legal rights and privileges.  
* Legal Disclaimer: These paraphrases of timeshare MF or mortgage (mort.) foreclosure (FC), deficiency/ anti-deficiency/ permissive anti-deficiency (D/AD/PAD), judicial/ nonjudicial (J/ NJ), and statutes of limitation (SOL) laws are to provide basic information.  These paraphrases assist those doing their own legal research and make their own decisions on timeshare-related actions or inactions. The 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.

http://www.leg.state.fl.us/Statutes...ute&URL=0700-0799/0721/Sections/0721.855.html
http://www.leg.state.fl.us/Statutes...ng=&URL=0700-0799/0721/Sections/0721.856.html
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/0095.html

Operative Language: “If you do not object to the use of the trustee foreclosure procedure, you will not be subject to a deficiency judgment even if the proceeds from the sale of your timeshare interest are insufficient to offset the amounts secured by the lien.”
Operative Language: “WITHIN FIVE YEARS.— (b) A legal or equitable action on a contract, obligation, or liability founded on a written instrument . . . (c) An action to foreclose a mortgage.”  Sec. 95-11.
Note: non-objection or inaction likely leads to non-judicial, anti-deficiency treatment; objection may waive non-judicial, anti-deficiency treatment.  TS defaults have SOL of five years.


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