# Timeshare deed and Wyndham title conflicts



## Russed1 (Feb 26, 2013)

Help.....  My sister and I inherited 2 timeshares from our parents.  We have used a timeshare closing service to do a quit claim deed and have received the recorded deeds back from Hawaii.  This has been a major pain, not to mention expensive.  So now we think we are over the hurdle, but Wyndham is coming back and saying that the deeds are in a Family trust.  

How is this possible?  We have not documents that mention a trust.  Shouldn't this have come out with the state of Hawaii?  We did not do a title search since our parents had it done when they purchased it and had the insurance.  We assumed, apparently we should not have, there would not be an issue.

Wouldn't the deed have the trust name on it instead of individuals?

How can we quickly and cheaply do a title search and dissolve this trust, assuming there is one????


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## cassvilleokie (Feb 26, 2013)

Did your parents have a family trust set up, if so they may have changed the name with wyndham title dept. only, (not a quit claim with a closing) and that is the name Wyndham has on the account. If so you will have to transfer from the trust to each of you. Or who is the trustee, this person would have the full usage of the acct. I ran into this when I was transferring a deed with Wyndham as well.


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## Russed1 (Feb 26, 2013)

How do I find out about the trust?  This was news to us.  Should Wyndham be able to provide that information and/or copy?


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## lcml11 (Feb 26, 2013)

Russed1 said:


> How do I find out about the trust?  This was news to us.  Should Wyndham be able to provide that information and/or copy?



If you know the name of the trust, just call the Recorder of Deeds where the timeshares are located and they can send you the recorded deeds on the units.  If you do not know the name of the trust, call their office and provide what information you can, contract number etc.  Have in front of you what ever the deed prep service used to make the new deed.  That should be enough info for them to get the current deed.  You will have to pay their fees to have the current deed sent.

Wyndham Title Services should be able to send you a copy of the deeds that they have showing ownership.  You would need to provide them whatever proof they may require of who you are.  Letters of Administration, proof of relationship, etc.  They may also send you a copy of the trust agreement.

Hopefully, you are working with a reputable deed prep service and they will make and process a valid deed for you.

If these contracts are RCI points contracts, do the same as above, except contact the Homeowners Owners Associations and RCI for the information.


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## Russed1 (Feb 26, 2013)

The deeds are not an issue.  I have my parents and the one just done for us.  It has been recorded in Hawaii.    

I have searched the county offices and have not been able to locate a family trust.  We are contacting Wyndham back to find out what the name of the trust is that they are showing and who the trustee is.  Interesting that the resort does not show it as owned by a trust.  Hmmmm the saga continues....


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## cassvilleokie (Feb 26, 2013)

Is one of the parents still living, ask them about a revocable or irrevocable trust. If not then check with their attorney. Have you probated the estate.


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## bogey21 (Feb 27, 2013)

Stuff like this is why I divested all my Weeks starting when I hit age 70.  I asked my kids, ex-wife, etc. which Weeks they wanted and had only one taker.  My Son wanted the ski week in Colorado.  I gave it to him and sold, did deed backs and give aways of the rest.  The results are interesting when you say to someone "if you want it you can have it now".  

George


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## lcml11 (Feb 27, 2013)

Russed1 said:


> The deeds are not an issue.  I have my parents and the one just done for us.  It has been recorded in Hawaii.
> 
> I have searched the county offices and have not been able to locate a family trust.  We are contacting Wyndham back to find out what the name of the trust is that they are showing and who the trustee is.  Interesting that the resort does not show it as owned by a trust.  Hmmmm the saga continues....



A trust agreement does not necessarly need to be filed at the court house, although at least one requires it to be submitted.  It is time to end the run around and call Owner Relations and insist to be put through to the escalation department.  Provide the info you gave here and insist they produce the trust agreement and any and all other documents that they used to change their records to a trust or to process the ownership change as submitted.  Wish you luck.


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## Russed1 (Feb 27, 2013)

Thanks for the advise.  We did finally get this escalated only to find out there was NO trust.  Of course, this is what we expected.  So we are now back on the path of getting this recorded with Wyndham.  Hoping they will expedite since they held it up.  Not holding my breath.

Anyone with timeshares they want to pass along, please do it prior to your death.  Both my parents died within 1 month of each other and when we were starting this process.


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## csxjohn (Feb 27, 2013)

Russed1 said:


> ...Anyone with timeshares they want to pass along, please do it prior to your death.  Both my parents died within 1 month of each other and when we were starting this process.



And keep in mind that if you are willed anything you don't want to take possession of, refuse it.  The method varies by state.


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## bogey21 (Feb 27, 2013)

Russed1 said:


> Anyone with timeshares they want to pass along, please do it prior to your death.  Both my parents died within 1 month of each other and when we were starting this process.



So simple, but how many do it.  Like I said in a prior post what was most interesting to me is that when I asked kids, ex-wife, etc. if they wanted the Weeks now they said "No" in all cases but one.  Told me it was time to bail out.

George


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## csxjohn (Feb 27, 2013)

bogey21 said:


> So simple, but how many do it.  Like I said in a prior post what was most interesting to me is that when I asked kids, ex-wife, etc. if they wanted the Weeks now they said "No" in all cases but one.  Told me it was time to bail out.George



This is part of the reason that I just gave away 3 timeshares, the wife and kids have no use for them.

Different story for the one I just bought, an ocean front unit in Daytona Beach Shores that floats all year except 2 weeks for the Daytona 500.

I put the one daughter's name on the deed with ours so it is already hers and we all have day use privileges when we are in the area.

Much easier to do it now while I have my wits about me and am still breathing.


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