# Please help! I want to cancel my Welks Resort "Vacation Ownership"/timeshare



## Hneedshelp

My boyfriend and I bought our "vacation ownership" aka timeshare from Welks Resort in March 2012.  We were suckered by their presentation and free weekend stay in a villa at their Escondido, CA location that yes "the dream vacation" sounded amazing through their program.  We signed all the paperwork and contracts and what not.  

Long story short, I realized now that we have been lied to and fooled to sign up.  I feel we were scammed.  We are way passed our rescinding period and I need help.  DOES ANYONE KNOW HOW TO CANCEL THEIR CONTRACT? Any advice or help is greatly appreciated! I don't want to give these people any more of my money.


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## timeos2

No, there are no magic ways out as you realize once you pass the rescind period. Now you must get them to agree and pay whatever it takes to do that or risk your credit & force them, by non-payment - to realize they have to take it back as you simply will not pay another dollar on it. It won't be easy as you agreed to a binding purchase they will likely try to make you honor. 

Resale of a timeshare with a loan outstanding is virtually impossible and you can't sell it until it is paid off. 

Good luck - this won't be easy to get out of now. But if you really don't want it then decide NOW what you plan to do & do it immediately. Don't waste another dollar if you plan to dump it.


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## Passepartout

Unfortunately, you had time during the rescission period to look over the contract and tell them it isn't for you. I hate to say it, but my opinion is, you own it, and until you find someone to sell it to, you are responsible to pay what you owe. The even worse news is that if it isn't paid for, it's highly unlikely to find a buyer. Occasionally SOME developers will accept deedbacks by taking what you have paid as a penalty. It doesn't hurt to ask.

Regardless of what you are told, DO NOT pay ANYONE ANYTHING upfront to sell this for you.

The best way to get value from this TS is to learn how to use it. Many Many members of TUG found us this very way. They bought a developer week and then stayed here to find out how to get the best use of it. Good luck.

Sorry for the reality check.

Jim


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## talkamotta

I agree with the previous postings.  Good thing is the Welk resorts are very nice and trade well.  You could have bought a dumb


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## Hneedshelp

Just as I thought  I never intended to cancel my membership until they sent my maintenance dues to a collection agency last month without notifying me.  I've tried contacting their offices and never got a call back.  I even met with a representative who "reviewed my folder" and said "there is no record of any attempts made to contact you, so you have that in your favor" only to find out the number he gave me led to developers and was basically a dead end.  I am meeting with an attorney tomorrow to review my contract. If I am stuck with this, then I'll try to find a way to use it.  What an expensive mistake!


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## Rent_Share

Default and offer a deed in lieu of foreclosure


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## Hneedshelp

Rent_Share said:


> Default and offer a deed in lieu of foreclosure



I am completely new to this, can someone further explain what that means and how?


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## Passepartout

Not generally considered a good idea by most, but here's the deal. You simply don't pay your payments or MF, when they turn you in for collection, you tell them you'll sign the deed over to them so they don't have to go through the expensive and legal process of foreclosing on you to get the deed. You forfeit whatever you've paid. It's a blemish on your credit rating, but there are those who aren't planning to use their credit for some years, and there are those who feel that a timeshare foreclosure is not a big deal. 

There is no guarantee the developer will go for it. I feel it's risky.


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## timeos2

Passepartout said:


> Not generally considered a good idea by most, but here's the deal. You simply don't pay your payments or MF, when they turn you in for collection, you tell them you'll sign the deed over to them so they don't have to go through the expensive and legal process of foreclosing on you to get the deed. You forfeit whatever you've paid. It's a blemish on your credit rating, but there are those who aren't planning to use their credit for some years, and there are those who feel that a timeshare foreclosure is not a big deal.
> 
> There is no guarantee the developer will go for it. I feel it's risky.



In this case they'd be defaulting not only on the fees but also the loan. Thus bigger risk & far more money at stake. But IF they did plan to go that route they shouldn't pay another dime until it gets settled. 

I'd have to be in the pay & learn to use camp for least credit problems but long term that is a very very costly way to go. If they go the no payment route they risk a credit hit - could be a big one - but for that limited time pain gain a tremendous savings overall. Tough call. Only they know what would be best for their situation.


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## Hneedshelp

Passepartout said:


> Not generally considered a good idea by most, but here's the deal. You simply don't pay your payments or MF, when they turn you in for collection, you tell them you'll sign the deed over to them so they don't have to go through the expensive and legal process of foreclosing on you to get the deed. You forfeit whatever you've paid. It's a blemish on your credit rating, but there are those who aren't planning to use their credit for some years, and there are those who feel that a timeshare foreclosure is not a big deal.
> 
> There is no guarantee the developer will go for it. I feel it's risky.



Thanks for explaining.

Does anyone know if I would be able to transfer the title over to my boyfriend (who already has bad credit and is listed as an authorized user) and have him deed the title after?


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## timeos2

Hneedshelp said:


> Thanks for explaining.
> 
> Does anyone know if I would be able to transfer the title over to my boyfriend (who already has bad credit and is listed as an authorized user) and have him deed the title after?



You usually can't deed over a title if there is a loan on it. many timeshare loans are not actually mortgages but personal loans. That would stay on your credit even if you signed over the property title to someone else. Not a good situation.


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## pacodemountainside

Essentially you have made a real estate purchase and like  a house or condo, buyer's remorse is not a reason for terminating.

Never hurts to consult an attorney and in many cases  a letter from him/her will result in amicable resolution. However, with TSs Developer has you around the ankles.  That you verbally "misunderstood" sales  weasels lies is not  actionable.

Fortunately these days if yellow clunkermobile is a lemon  and you met  specific requirement you can stick it back to dealer, but if you just want red supersudser you are SOL.

Simply put, if Developers allowed  canceling  at anytime they would be out of business.

You can offer signing deed over to Developer  so you do not have a foreclose on record but if in good shape financially will probably decline.

No, one can redeed   a car, condo, house, TS,  with lien/ mortgage, etc.  and get rid of their liability. Read posts here on  deeding TS here to Viking ships.

Yes, experience can be expensive. Unfortunately when one has acquired a lot really not able to use and young folk  don't want to listen.


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## Hneedshelp

timeos2 said:


> You usually can't deed over a title if there is a loan on it. many timeshare loans are not actually mortgages but personal loans. That would stay on your credit even if you signed over the property title to someone else. Not a good situation.



Another lie I was told.  They told me I was able to transfer title to my boyfriend at the time of sales if I decided to do so instead of just adding him as an authorized user.  I know I shouldn't have bought this in the first place but, yup I was naive.  I am incredibly inexperience with this all and yup I'm a sucker.  I don't even want reimbursement.  I just want to cut my loses and get out.


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## timeos2

Hneedshelp said:


> Another lie I was told.  They told me I was able to transfer title to my boyfriend at the time of sales if I decided to do so instead of just adding him as an authorized user.  I know I shouldn't have bought this in the first place but, yup I was naive.  I am incredibly inexperience with this all and yup I'm a sucker.  I don't even want reimbursement.  I just want to cut my loses and get out.



So think it through very carefully now  - then act decisively to accomplish what you choose. 

 - Contact the Seller and see if you can work out a deed in lieu & avoid a black mark for any type of foreclosure. They may be willing to do that for the money paid so far or with a sweetened amount they may ask you to pay one time. Just be sure to get it in writing that NO negative credit report will be filed. 

- If they are not willing then decide if you are better off paying off the loan & the fees and trying to utilize the ownership OR if you want out no matter what. 

- IF the decision is to get out regardless of the possible credit hit then make it clear NOW that they will see not one more penny from you and stick to it. They may then decide to take a deed in lieu to avoid the costs of a foreclosure & legal fees to enforce the loan. They may not & decide to sue you. That is where the true risk is but once you choose a path stick it out until it is settled and no longer in your name.  

Good luck whichever path you choose.  Learn from this and don't get drawn into any "free" gifts or weekends again. I hope it all works out for you.


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## vegasVIP

Kinda seems you may not know every perk or good points (if any) to this ownership.  I have read lots of post and learned a lot of tips on getting the most of my HGVC purchase.  Maybe take a few days and go over every post on Welk resorts, you may find some stuff you can actually benefit from over the years.  See what happens, TUG is free to check out.


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## Hneedshelp

timeos2 said:


> So think it through very carefully now  - then act decisively to accomplish what you choose.
> 
> - Contact the Seller and see if you can work out a deed in lieu & avoid a black mark for any type of foreclosure. They may be willing to do that for the money paid so far or with a sweetened amount they may ask you to pay one time. Just be sure to get it in writing that NO negative credit report will be filed.
> 
> - If they are not willing then decide if you are better off paying off the loan & the fees and trying to utilize the ownership OR if you want out no matter what.
> 
> - IF the decision is to get out regardless of the possible credit hit then make it clear NOW that they will see not one more penny from you and stick to it. They may then decide to take a deed in lieu to avoid the costs of a foreclosure & legal fees to enforce the loan. They may not & decide to sue you. That is where the true risk is but once you choose a path stick it out until it is settled and no longer in your name.
> 
> Good luck whichever path you choose.  Learn from this and don't get drawn into any "free" gifts or weekends again. I hope it all works out for you.



Thank you for your help.  I am currently waiting to hear back from someone at the resort regarding my situation.  It is almost impossible for me to get someone to call me back or to reach the right department.


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## Hneedshelp

vegasVIP said:


> Kinda seems you may not know every perk or good points (if any) to this ownership.  I have read lots of post and learned a lot of tips on getting the most of my HGVC purchase.  Maybe take a few days and go over every post on Welk resorts, you may find some stuff you can actually benefit from over the years.  See what happens, TUG is free to check out.



You are right! I don't understand it.  I set up an appointment to meet with my "representative" to review my ownership and he gave me a copy of my benefits but was in a rush to leave because he had a lunch date.  He told me to call him with any questions and gave me his number.  That number leads to developers and I can't get a hold of him.  If I am stuck with this, I will see what will benefit me most.  I don't want this mistake to affect my credit score.


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## DeniseM

There is very little chance you will be able to get out of this ownership - [Welk] has a lot of smart lawyers who write up the contracts to prevent that from happening.  One of the things the contract says, is that any verbal promises from the sales person are not binding.  Why? - because sales people say whatever it takes to make the sale...

At this point, your best bet is to learn everything you can about your ownership, so you can get the most out of it, and you have come to the right place for that.


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## Hneedshelp

DeniseM said:


> There is very little chance you will be able to get out of this ownership - Wyndham has a lot of smart lawyers who write up the contracts to prevent that from happening.  One of the things the contract says, is that any verbal promises from the sales person are not binding.  Why? - because sales people say whatever it takes to make the sale...
> 
> At this point, your best bet is to learn everything you can about your ownership, so you can get the most out of it, and you have come to the right place for that.



 I'm trying to find a bright side.  I'm still waiting to hear back from them.


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## Rent_Share

Welk ≠Wyndham


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## DeniseM

Hneedshelp said:


> I'm trying to find a bright side.  I'm still waiting to hear back from them.



I would forget about that - they make their money from sales - they really aren't interested in you after the sale.  This is the best place to find out how to use your ownership.

I will edit my post - Welk is not Wyndham.  

Here is a question to get you started:

You will have to bring your maintenance fee up to date, to use the timeshare - can you do that?


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## Hneedshelp

DeniseM said:


> I would forget about that - they make their money from sales - they really aren't interested in you after the sale.  This is the best place to find out how to use your ownership.
> 
> I will edit my post - Welk is not Wyndham.
> 
> Here is a question to get you started:
> 
> You will have to bring your maintenance fee up to date, to use the timeshare - can you do that?



For my maintenance fee- they sent it to collections.  I requested a debt validation from the collection agency since I didn't get anything in paper. All the information I had about it was over the phone. I'm waiting for a response on that as well.


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## DeniseM

Hneedshelp said:


> For my maintenance fee- they sent it to collections.  I requested a debt validation from the collection agency since I didn't get anything in paper. All the information I had about it was over the phone. I'm waiting for a response on that as well.



But the question is - can you afford to pay the past due maintenance fee?


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## Hneedshelp

DeniseM said:


> But the question is - can you afford to pay the past due maintenance fee?



Yes.  I am in good standing with my monthly payments as well.


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## DeniseM

Hneedshelp said:


> Yes.  I am in good standing with my monthly payments as well.



I'm sorry - I'm confused - if you are current, why did they send you to collections?


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## Hneedshelp

DeniseM said:


> I'm sorry - I'm confused - if you are current, why did they send you to collections?



I have no idea! That's what I was thinking as well.  I had no notification of my maintenance fee until I received a phone call from the collections agency.  I tried contacting Welks but no one would call me back and my one "representative" that I met with told me he reviewed my folder and couldn't find anything regarding that matter.  That's why I started feeling like I was misled.  The maintenance fee was a different amount then what was VERBALLY told.  I know, I should've gotten in writing and I am SOL now.  Well I feel like I'm SOL regardless.  So I requested a debt validation from the collections agency because I wanted a breakdown in writing.


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## bogey21

DeniseM said:


> I'm sorry - I'm confused - if you are current, why did they send you to collections?



Sounds like she is current on her loan payments but didn't pay her MF.

George


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## Hneedshelp

bogey21 said:


> Sounds like she is current on her loan payments but didn't pay her MF.
> 
> George



That is my situation right now.  Since I didn't get a notification from Welks themselves regarding this, I asked the collections agency to validate it.  All I've gotten so far were phone calls from the collections agency about the amount and fees.  Nothing in writing.


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## vacationhopeful

Hneedshelp said:


> That is my situation right now.  Since I didn't get a notification from Welks themselves regarding this, I asked the collections agency to validate it.  All I've gotten so far were phone calls from the collections agency about the amount and fees.  Nothing in writing.



Sounds like the collection agency is getting a percentage of ANY payment they collect. If they tell you the fees, you will object as to how high their cut is. Call the resort/Welks directly.


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## Hneedshelp

vacationhopeful said:


> Sounds like the collection agency is getting a percentage of ANY payment they collect. If they tell you the fees, you will object as to how high their cut is. Call the resort/Welks directly.



I've been trying to discuss this with Welks for a while now.  No one calls me back.  The one person that did, set up my appointment with my representative on a weekend and guess what, accounting offices are closed on weekends.  I drove two hours to their location for no reason.


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## Passepartout

I'm having a hard time understanding that the bundle of papers you signed when you made this purchase didn't have (a) rescission information and how long you had to do it and  (b) how much your MF is and where to send it and how often and (c) why it took being turned over to collection before you decided this is something fairly serious that you bought.

We wish you well, and if you want to learn how to use it, this is the place. We all bought timeshares. Many bought them just like you, from the developer, so no pity parties please- you aren't alone in getting took by the big bad salesman. Most simply bought more (resale, of course) to get maximum use from their timeshares and that's how we vacation. Most of us will tell you their timeshare vacations have great value and are in the end worth what they cost.

Go through those papers. There is a wealth of information there. Nobody at Welk knows more than what's in those papers.

We wish you well. Welcome to TUG. You have some studying to do.

Jim


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## Hneedshelp

Passepartout said:


> I'm having a hard time understanding that the bundle of papers you signed when you made this purchase didn't have (a) rescission information and how long you had to do it and  (b) how much your MF is and where to send it and how often and (c) why it took being turned over to collection before you decided this is something fairly serious that you bought.
> 
> We wish you well, and if you want to learn how to use it, this is the place. We all bought timeshares. Many bought them just like you, from the developer, so no pity parties please- you aren't alone in getting took by the big bad salesman. Most simply bought more (resale, of course) to get maximum use from their timeshares and that's how we vacation. Most of us will tell you their timeshare vacations have great value and are in the end worth what they cost.
> 
> Go through those papers. There is a wealth of information there. Nobody at Welk knows more than what's in those papers.
> 
> We wish you well. Welcome to TUG. You have some studying to do.
> 
> Jim



Thanks for the welcome! Looks like I'll be here for a while.  Yes, it did have the rescission information (but like I said before, I didn't want to cancel it until this whole collection agency situation because I'm upset at their lack of help.  I know that's not a valid reason, so no need to reiterate that). No, it did not specify how much the MF was or where to pay it.  Said I would be notified.  I didn't take this lightly when I bought it.  I'm not taking it lightly now.  I'm not looking for a pity party, I'm just looking for information.  My original post was to ask if anyone knew if there was a way out as is.  I don't want reimbursement but I will continue to save my credit.  Time to go study! :whoopie:


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## JennyM78

*Same Boat!*

My husband and I also made a mistake and signed a contract with Welks. I came across a video series on youtube.com that I'm going try. If it doesn't work, then I'll have to get a lawyer or try to initiate a class action lawsuit against them. If you go to youtube.com, search How to Dispute Your Timeshare. It's a 3 part video series. I found it helpful and I will try this method, but don't know if it will work with Welks. If you have an update on your situation, please let us know.


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## LannyPC

JennyM78 said:


> I came across a video series on youtube.com that I'm going try. If it doesn't work, then I'll have to get a lawyer or try to initiate a class action lawsuit against them.



Just don't throw good money after bad.  Some of these law firms charge upfront fees and accomplish nothing.  They know that you are angry and are seeking retribution of some sort so they prey on your emotions promising you that they can hit these timeshare resorts and companies hard and where it hurts.


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## Passepartout

Large law firms make money suing big corporations that have harmed large numbers of people by illegal acts. The actual people who were harmed get the smallest piece of the pie of damages received from the suit.

The idea of suing a timeshare developer won't gain traction because (1) there isn't much money there. (1a) Not a lot of people feel harmed. (2) buyers had the opportunity to do due diligence and from 3-to 14 days to think it over, get cold feet and rescind for any- or no- reason. (3) Timeshare developers have had decades to refine their sales tactics to make them seem legitimate to buyers, obfuscate the true facts, and make the contracts people are led through absolutely legally bulletproof. 

Bottom line: If you are within the legally allowed rescission period, rescind. If that period has passed, and you have no desire to wreck your credit rating or bankrupt out of it, study how to use your timeshare and get the most out of it. The reasons you bought it haven't changed since you found out about resale values. Only the price you paid.

Welcome to TUG, the best place to find out everything timeshare. Many here bought from the developers and are happy with their timeshares. Some even bought more developer weeks.

All the best. It isn't worth losing sleep over.

Jim Ricks


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## Dcampos

JennyM78 said:


> My husband and I also made a mistake and signed a contract with Welks. I came across a video series on youtube.com that I'm going try. If it doesn't work, then I'll have to get a lawyer or try to initiate a class action lawsuit against them. If you go to youtube.com, search How to Dispute Your Timeshare. It's a 3 part video series. I found it helpful and I will try this method, but don't know if it will work with Welks. If you have an update on your situation, please let us know.


I'm currently going through the same thing, we signed up as "audition" members.  theThey promise you the world but when you book a night the customer service is horrible along with check in times.  The salesman lie to you and tell you different than what's in the contract.  I would just like a refund, but I signed a contract they said no!  I wonder if anyone has sued and won?


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## timeos2

Dcampos said:


> I'm currently going through the same thing, we signed up as "audition" members.  theThey promise you the world but when you book a night the customer service is horrible along with check in times.  The salesman lie to you and tell you different than what's in the contract.  I would just like a refund, but I signed a contract they said no!  I wonder if anyone has sued and won?



So seldom happens as to be a waste of time and more importantly money - far more than simply paying to remain an owner or taking a loss on a sale. They depend on that as part of their plan.


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## DeniseM

Dcampos said:


> I'm currently going through the same thing, we signed up as "audition" members.  theThey promise you the world but when you book a night the customer service is horrible along with check in times.  The salesman lie to you and tell you different than what's in the contract.  I would just like a refund, but I signed a contract they said no!  I wonder if anyone has sued and won?



Timeshare sales people will say whatever it takes to make the sale...true or not.  Buyers Remorse is very common after buying a timeshare, and that's why the developer hires a lot of smart lawyer types to write up contracts that make it extremely difficult to get out, after the rescission period is over.  One of the thing the contract says is that *the verbal promises that the sales person made are NOT binding, and only the written contract is binding. * Which means, that you don't have a leg to stand on, and if you sue, you are likely to spend a lot of money....to lose.

You have my sympathy - but you are likely to throw away a lot of money to pursue this, so you may want to consider how to get the most out of what you bought, instead.


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## rhonda

Dcampos said:


> I'm currently going through the same thing, we signed up as "audition" members.  theThey promise you the world but when you book a night the customer service is horrible along with check in times.  The salesman lie to you and tell you different than what's in the contract.  I would just like a refund, but I signed a contract they said no!  I wonder if anyone has sued and won?


What is an "audition" member contract?  Is is simply a "one time use" trial period?


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## MaryH

Okay your representative is a sales rep who is on commission.  Now that he has sold you, he is less interested, especially if you want to get out which could potentially impact his commission.

The MF is via the management company of the resort.  Usually of you call the resort main line and ask for owner services, you will get connected or given a number.

MF is yearly in most cases so it probably came due without you being aware of it.  Not sure if you should have received a mail or an email on the amount of the MF.

Good luck but others have summarized it well.  If you don't care as much about your credit rating and really want to get out and willing to walk away from what you paid so far, ask the resort for deedback in lieu of foreclosure.
Otherwise learn to use what you bought.


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## Liz Wolf-Spada

We own Welk and have found that calling the main Welk number for the resort in Escondido and then getting to owner's service is usually the best way to get help. Not that they will help you rescind, but they may be able to find out why you didn't get a bill for your yearly MF's and how you can get that straightened out. You should have gotten something in the mail. Are you sure they have your correct mailing address? They may be willing and able to get you out of collection if you pay the MF's that are due right away.

We bought resale, but then paid retail to switch to Welk points and buy enough points to make 300 points. It was probably way to expensive and we weren't able to consider rescinding because our dog got sick and died that week, so nothing else mattered.

That said, Welk resorts are beautiful and well maintained and you can get good trades, especially through SFX.

Liz


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## Diana28s

Any update on how you got out ?


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## TheTimeTraveler

Once you pass the rescission period you will not be able to get out unless you let them foreclose on you or you sell it or give away your week (assuming the loan is 100% fully paid off).

So, presuming you are stuck with it then make the best of it;  use it and enjoy it, use it to trade for another timeshare elsewhere, or reserve a juicy week and rent it out to cover your costs (and maybe make a little profit).

Wishing you the best of luck.....





.


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## andysnovel

TheTimeTraveler said:


> Once you pass the rescission period you will not be able to get out unless you let them foreclose on you or you sell it or give away your week (assuming the loan is 100% fully paid off).
> 
> So, presuming you are stuck with it then make the best of it;  use it and enjoy it, use it to trade for another timeshare elsewhere, or reserve a juicy week and rent it out to cover your costs (and maybe make a little profit).
> 
> Wishing you the best of luck.....
> 
> 
> 
> 
> 
> .


Diana, this discussion is from 2012-2013....fyi


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