# What happens if you just walk away...?



## mac5u (Aug 12, 2017)

So, you have a paid-in-full week.  Maintenance fees for current year are also paid.  You want to give it away but no takers and maintenance fees will be due again next year.  Should you contact the resort to see if they will take it back?  Continue to try to give to away but 
fast-forward to next year and you still have it and don't want to pay the maintenance fee again.

I know you can't give legal advice here but somewhere someone has wondered what would happen.


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## mac5u (Aug 12, 2017)

Let me just add that the resort would want their maintenance fee and would come after you for it so your credit score would suffer for the delinquency....that is understood and would be avoided as a last resort with the fee being paid again. And going to one of those places that advertise buying the TS for fee is also not an option.


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## Passepartout (Aug 12, 2017)

You can offer it back if you can get hold of the HOA (in writing). The desk clerk who answers the phone can't make that commitment. It may take several tries. You might also try giving it away on the TUG Bargain Deals subforum. Don't sign up with one of those upfront fee outfits. Once they have your money, they have no reason to sell anything. They, and your money will disappear. I'd list it here first.


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## TUGBrian (Aug 12, 2017)

http://tug2.net/timeshare_advice/stop_paying_for_timeshare.html


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## mac5u (Aug 13, 2017)

Good ideas here and thanks, Brian, for the link above.  It answered a lot of my questions about deeding it back if it comes to that.  I realize I can also use the marketplace and try and offer some incentives to a prospective buyer.  In the end I really won't walk away because of the hassles with the credit bureaus collection agencies, and I really don't want to ding the owners, etc.


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## gnipgnop (Aug 18, 2017)

On this same subject .......... how closely does the HOA or Management company scrutinize the information you send trying to convenience them to take back your deed.  I mean if you exaggerate a little?  I have tried to sell, give away, offered to pay all costs involved to anyone willing to take over this timeshare but nothing seems to work. 
I have the attention of someone in charge who can probably make a decision in my favor but so far, their answer has been NO.  I need to be more persuasive.  Any help, please.


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## theo (Aug 18, 2017)

gnipgnop said:


> On this same subject .......... how closely does the HOA or Management company scrutinize the information you send trying to convenience them to take back your deed.  I mean if you exaggerate a little?  I have tried to sell, give away, offered to pay all costs involved to anyone willing to take over this timeshare but nothing seems to work.
> I have the attention of someone in charge who can probably make a decision in my favor but so far, their answer has been NO.  I need to be more persuasive.  Any help, please.



Tough situation. When a HOA takes the intransigent position that they simply will not accept deedbacks, fearing an avalanche of requests from others and fearing the plummeting of incoming maintenance fees, there is little or nothing that you can say or do to persuade them, other than to just roll up your sleeves and take a very hard line position, giving them two (and only two) very clear choices:

1. Voluntarily accept a deedback now, while the ownership account is fully paid up and, with clear title, HOA can seek a new owner, or...

2. Since HOA won't see another nickel from you in any scenario, tell the HOA to foreclose whenever they see fit, undertaking an unnecessary expense and creating an avoidable delay, while the week lounges in limbo with no maintenance fees incoming for the ownership. That scenario is anathema to *any* HOA.

Tell them it's their choice and they can pick one and let you know of their decision before the issuance of the next maintenance fee bill.


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## gnipgnop (Aug 19, 2017)

Theo:  Many thanks for your reply but could you explain to me what happens if they foreclose?  I have never been in a predicament like this before and we have excellent credit.  If they chose to  foreclose will this ruin our credit?  I just don't where to turn for advice at this time.  Anything you can provide will be appreciated.


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## geist1223 (Aug 19, 2017)

If you just walk away it is likely that your Credit Rating will take a hit. Remember you have a right to reply to negative Info in a Credit Report.


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## bogey21 (Aug 19, 2017)

Theo has the right approach.  *The Resort must understand that it is in their best interest to take back your Week*.  If yours responds with something like "We will take back your Week if you will give us $500 (or the like) to cover our costs", take it.  In most cases it will be the best way out.

George


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## LannyPC (Aug 19, 2017)

bogey21 said:


> "We will take back your Week if you will give us $500 (or the like) to cover our costs", take it.  In most cases it will be the best way out.



...and also the cheapest when you compare that to these so-called rescue/exit/relief/escape outfits or charities, law firms, etc.


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## gnipgnop (Aug 20, 2017)

bogey21 said:


> Theo has the right approach.  *The Resort must understand that it is in their best interest to take back your Week*.  If yours responds with something like "We will take back your Week if you will give us $500 (or the like) to cover our costs", take it.  In most cases it will be the best way out.
> 
> George


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## gnipgnop (Aug 20, 2017)

Very helpful information.  Thanks everyone so much.  I'm going for it .......... keeping my fingers crossed.


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## theo (Aug 20, 2017)

geist1223 said:


> If you just walk away it is likely that your Credit Rating will take a hit.



Not necessarily so, if there is no defaulted loan also involved (OP is fully paid up to date, as I understand the situation).


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