# [2011] Need Help No Deed Received and Bill for Fees



## klg1963 (Feb 14, 2011)

Need help. Bought timeshare in Branson April 2010. Have never received any deed nor is it recorded in the appropriate County Recorder's office. Received maintenance fee bill for 2011 on February 12  -- and it states deliquent if not received by February 1. Yes these dates are correct. Recieved on Feb. 12 and due Feb 1... Need insight asap. Wondering if complaint filed with MO BBB and Attorney Gen. Office might have spurred this maintenance fee doc. Also, ODD year only (Which was not explained at sale) Do we pay maintenance fees every year? Also, sales person stated we only need to pay maintenance fees if WE USE the timeshare... HELP>......


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## Passepartout (Feb 14, 2011)

I sympathize, but did you read the contract before you signed it??? If the deed isn't recorded, how is it that you got the MF bill? Tell them to send it to the recorded owner. Your inquiry with the BBB probably only made the resort aware of you as an owner, nothing more. Could just be coincidence that delinquent MF notices were sent out and you just got one. The original notice could have gotten missed in the Christmas mail- those usually go out just before year end.

If you have odd year use, the MF is indeed due at the beginning of the odd year- ie. 2011. And then you can reserve your week for use in 2011. Some eoy contracts are written so you pay half the MF every year for eoy use.

Good luck ironing it out. Sounds like a ball was dropped by someone- whoever was the closing agent, the recorder, you, but someone.

Best wishes.

Jim Ricks


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## theo (Feb 15, 2011)

*Missing details...*



Passepartout said:


> If the deed isn't recorded, how is it that you got the MF bill? Tell them to send it to the recorded owner.



Jim makes a valid and important point. If a new deed was never recorded, then you are not even currently the lawful owner of record (assuming that this is even a deeded ownership in the first place). Were you not curious about never receiving a recorded deed for a purchase apparently made nearly a year ago now ?

On the other hand, how would the resort know to send you the maintenance fee bill? One possibility is that the closing entity notified the resort of an ownership change, but failed to actually get the new deed properly recorded to make that ownership change a legal reality.  Another possibility is that a new deed was in fact recorded but not subsequently returned to you (I'd guess that the lattter scenario is highly unlikely).

Was this a "Right to Use" contract, as opposed to a deeded ownership? If so, then there is no deed anyhow (nor will there be one at any time in the future). RTU contract paperwork generally remains "in house".

In any event, you need to start making direct inquiries among all of the actual participants in this transaction; there are too few specific facts on the table to get more informed guidance here. Good luck.


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## teepeeca (Feb 15, 2011)

Sounds as if the OP needs to do several things "right now".  Take out the contract and see "what they signed" !!!  It will tell, among other things, the usage---whether annually or overy other year.  It will tell if it is a  RTU or deeded. Will tell when the mx fees are due. Etc.!!!

Did they buy it from a developer, or from a private party?  If private party (and found on the internet), what is the "description" of the property?  (All pertinent information regarding the timeshare "should" have been disclosed in the ad.)

That should answer many of the questions they have (and hopefully will be reported back here on TUG).

If it is a deeded property, and has NOT been recorded in the new purchaser's name(s), then the resort should be informed that they DO NOT own the property (yet).  Also, the resort/mangement company should be informed about exactly when the maintenance fee "demand" letter was received, and dated, and what it said.  I hope the OP kept the envelope that the mx fee letter was contained, to show the actual mailing of the demand letter.

Tony


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## Passepartout (Feb 15, 2011)

I don't think I'm betraying a confidence to say that I got an email from the OP saying that the buyer was her 70something parent. I gave her some of the above pointers to contact the resort and recorder, etc. I'm hoping this sale can be rescinded on account of having been marketed to someone who wasn't an appropriate buyer. What does a 70 yr-old need in a 'new' eoy TS? If it really is not recorded, that part is easy. If the buyer paid cash for a developer-priced TS, and the family doesn't want it, I think there's very little recourse but to walk. And then, of course, they can't even sell it if the deed isn't properly recorded. I hadn't thought about it being a RTU. That's another issue. Hope the OP comes back when they get more info.

In a perfect world, the resort will return anything paid for this TS, but the world isn't perfect.

Jim Ricks


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## klg1963 (Feb 15, 2011)

*klg1963 response to need help*

Wow you guys are great... very insightful. so I will be forthright. The actual purchaser is my 80 yo father. He bought it on the "conveniently" offered RCI credit card at the timeshare presentation. The low interest rate offer was running out so he started to look to refinance the $20K purchase. That is how I found out that he even bought it. This was in Dec. 2010. Following is the summary as I filed with the Attny Gen of MO office. Received offer in mail to receive lodging and tickets for 4 in Branson to attend presentation on timeshare.

Briefly describe your complaint *

After presentation, a 3 bedroom Villa was purchased.  We were told that we were buying an annual time share for use any time throughout the year.  The contract states we bought Villa 22B, Week 20 for ODD years only.  Our first complaint is the use of fraudulent sales tactics, whereby we were told something other than what was purchased. Second complaint, and most significant,  is the breach of contract by Branson’s Nantucket. Section 2, Conditions of Title, states (paraphrasing) that a deed will be recorded in the Stone County Recorder’s office.  It also states that if seller does not provide this title,  purchaser may cancel contract and receive a refund. Hard copies of contract and complaint are being sent under separate cover Registered Return Receipt mail. We contacted Dianne Marten in August 2010 to state our concern over not receiving the contract stated deed and she said she would check into it. We have not received any documentation nor any further communication from any person associated with Nantucket.  An electronic search on the http://www.stoneco-mo.us/Recorder.htm website under Records Access did not find any recorded document under LAST NAME. In addition, a phone call on January 27, 2011, and resulting search by Christine Ready of the Stone County Recorder’s Office did not reveal any recorded document under LAST NAME or the legal description, concluding the seller, Branson’s Nantucket, has not been forthright in their promise under the contract. Pending the outcome of this complaint, Krigel and Krigel of Kansas City, MO is being retained to litigate (I embellished this a bit .  The reason for delay in following up with this matter to date is due to major cancer surgery and treatment. 


I do not see anywhere in the contract where it states this is a right to use. "Contract for purchase and sale of vacation interest" is at the top of the contract. Throughout there is reference to title and deed. If that helps, any other insight or help of any kind would BE MOST APPRECIATED!

KLG1963

Also need to know should the MF be paid? This is all sooo confusing...


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## timeos2 (Feb 15, 2011)

klg1963 said:


> After presentation, a 3 bedroom Villa was purchased.  We were told that we were buying an annual time share for use any time throughout the year.  The contract states we bought Villa 22B, Week 20 for ODD years only.  Our first complaint is the use of fraudulent sales tactics, whereby we were told something other than what was purchased. Second complaint, and most significant,  is the breach of contract by Branson’s Nantucket. Section 2, Conditions of Title, states (paraphrasing) that a deed will be recorded in the Stone County Recorder’s office.  It also states that if seller does not provide this title,  purchaser may cancel contract and receive a refund. Hard copies of contract and complaint are being sent under separate cover Registered Return Receipt mail. We contacted Dianne Marten in August 2010 to state our concern over not receiving the contract stated deed and she said she would check into it. We have not received any documentation nor any further communication from any person associated with Nantucket.  An electronic search on the http://www.stoneco-mo.us/Recorder.htm website under Records Access did not find any recorded document under LAST NAME. In addition, a phone call on January 27, 2011, and resulting search by Christine Ready of the Stone County Recorder’s Office did not reveal any recorded document under LAST NAME or the legal description, concluding the seller, Branson’s Nantucket, has not been forthright in their promise under the contract. Pending the outcome of this complaint, Krigel and Krigel of Kansas City, MO is being retained to litigate (I embellished this a bit .  The reason for delay in following up with this matter to date is due to major cancer surgery and treatment.
> 
> 
> I do not see anywhere in the contract where it states this is a right to use. &quot;Contract for purchase and sale of vacation interest&quot; is at the top of the contract. Throughout there is reference to title and deed. If that helps, any other insight or help of any kind would BE MOST APPRECIATED!
> ...



 You stand a chance of getting him out of this bad purchase with the lack of a recorded deed as required. If the date on the deed is after November 2010 then DO NOT accept it - demand that they take it back due to the breach.   As for fees IF  you/he plan to keep it & use it the fees must be paid. But don't pay them until you have a legal deed - hopefully that will NEVER happen.  Good luck.


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## theo (Feb 17, 2011)

*Don't just "wait" --- ACT NOW!*



timeos2 said:


> You stand a chance of getting him out of this bad purchase with the lack of a recorded deed as required. If the date on the deed is after November 2010 then DO NOT accept it - demand that they take it back due to the breach.   As for fees IF  you/he plan to keep it & use it the fees must be paid. But don't pay them until you have a legal deed - hopefully that will NEVER happen.  Good luck.



I must respectfully disagree a bit on the above advice, as I find the suggested approach to be a bit too passive. I would instead recommend being considerably more proactive. If the deed has not yet been recorded, and there was a contract-specified date by which to have done so, *hire an attorney right now to stop any further proceedings* based upon breach of the contract terms --- and to represent your folks in seeking prompt refund of the entire purchase price.

Why give the developer seller any notice, or grant them some time to correct their error, only to have to attempt to reverse the delayed recording later? Use the error to your advantage *now* (via an attorney, not on your own) to have the contract invalidated outright.

Just my opinion...


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## klg1963 (Feb 17, 2011)

Just as you suggested. I am in the process of 1) identifying an attorney to help us, and 2) trying to figure out how much this is going to cost... Any ideas??

Anyone know of a reputable real estate attorney in the Branson, MO, Stone County area?

Thanks all sooo much.

KLG1963


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## theo (Feb 17, 2011)

*My $0.02 worth...*



klg1963 said:


> Just as you suggested. I am in the process of 1) identifying an attorney to help us, and 2) trying to figure out how much this is going to cost... Any ideas??
> 
> Anyone know of a reputable real estate attorney in the Branson, MO, Stone County area?
> 
> ...



I certainly don't know anything at all about your particular geographic area, but I would suggest not limiting your inquiries just to real estate attorneys, but to also consider attorneys who routinely work with contract law as well.

In your shoes, I'd just get my hands on a local area phone book, find attorneys in the yellow pages and start dialing --- pronto! Sometimes their area of alleged expertise is indicated right in their listing. Inquiries would likely at least quickly reveal whether that office has any expertise with (or interest in taking on) the matter or subject area at issue. In all likelihood, the initial consultation will cost you little or nothing ---and only then can you get any sort of picture on likely costs.

Just my opinion...


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## klg1963 (Feb 17, 2011)

Interesting just as we were typing I emailed an attorney, will be calling their office. This is the 3rd complaint they have received this year (2011) with this company. The first one they got a recision and they are just now working on the second one... Hummm... $600 to put together for recision and if litigation, $200 per hour. 

Klg1963


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## timeos2 (Feb 17, 2011)

klg1963 said:


> Interesting just as we were typing I emailed an attorney, will be calling their office. This is the 3rd complaint they have received this year (2011) with this company. The first one they got a recision and they are just now working on the second one... Hummm... $600 to put together for recision and if litigation, $200 per hour.
> 
> Klg1963



 Not a bad idea but, as you can see, not going to be cheap either. But far cheaper than being stuck in the original contract so go get 'em!


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## klg1963 (Feb 18, 2011)

*Update on Timeshare Situation*

When it rains it pours. TS rep called the parents today. "Under new management" sorry deed wasn't recorded, will do that "next week". Parents said just want out and want money back. Rep said, she doesn't have authority to do that.. Hummm... More spin.

Speaking to parents, gonna recommend hiring the attorney and get this litigation going. Will post when/if something happens...


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## timeos2 (Feb 18, 2011)

klg1963 said:


> When it rains it pours. TS rep called the parents today. "Under new management" sorry deed wasn't recorded, will do that "next week". Parents said just want out and want money back. Rep said, she doesn't have authority to do that.. Hummm... More spin.
> 
> Speaking to parents, gonna recommend hiring the attorney and get this litigation going. Will post when/if something happens...



Step in and do everything possible to see that no deed is recorded/accepted at this late date. Stop this thing cold - good luck!


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## MLR (Nov 10, 2012)

*Branson Nantucket*

Would love to know how this one turned out..............


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## DeniseM (Nov 10, 2012)

MLR said:


> Would love to know how this one turned out..............



The poster hasn't been here since Feb. 14, 2011, so I doubt that we will.

You can click on their blue user name and send them an email.


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