# Advice? Maint fees due but do not own Timeshare [update]



## tkelley000 (Apr 22, 2015)

Need advice.  The deed for my timeshare (week 39) was transferred to a new owner on the county records in October 2014 and a request was  then immediately made to Diamond Resorts to transfer ownwership on their records.  Diamond diddled ansd raised questions about a prior 2002 deed that transfered the timeshare to me and my wife from my deceased father's trust.  We have given Diamond more info and newly prepared docs on at least three different occasions, cooperating fully.  We expect resolution shortly.  Diamond refuses to make the transfer until 2015 maintenance fees ($1500) are paid, but new owner will not pay them even though it was specified in the sales agreement.  Diamond of course claims I am responsible and will pursue collection/legal action.  It does not seem right for me to pay the maintenance fees for a timeshare that I no longer own.  But paying the fees will get me  out from ownership.  I am concerned the new owner wants out from the deal; if I pay them, the ownership transfer would be "complete" with no "backsies",  I hope . Right?  If Diamond did the transfer timely in December, this would not be an issue.


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## DeniseM (Apr 22, 2015)

Is the new owner a private individual who wants to own and use the timeshare, or is it a company that is getting you out of your timeshare ownership?


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## tkelley000 (Apr 22, 2015)

It is a private owner ( actually, the name on the deed is a family trust).


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## DeniseM (Apr 22, 2015)

tkelley000 said:


> It is a private owner ( actually, the name on the deed is a family trust).



That may be the problem.  There is a popular "dump your timeshare," scheme these days in which an owner transfers their timeshare to a "Viking Ship Co.," and then the company abandons the deed.  So management companies look cross-eyed at any deed that are transferred to an entity that may or may not be Legit.

*Also, since the maintenance fee is in arrears by this point in the year, it's not surprising that they won't do the transfer without the money.  Most timeshares would not.

If you really want to get rid of this, pay your MF directly to resort Mgmt.  (not the new owner), and they will transfer the deed.  Since the new owner has signed everything, it will be a done deal.


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## Passepartout (Apr 22, 2015)

How badly do you want to sell the TS? If it's $1500 worth, pay the MF and be done. Recourse would be to sue the new owner in Small Claims court if the sales agreement states that 2015 MF is his to pay, or put a lien on the TS, but that could backfire and you'd end up with it back.

Me, I'd pay and walk away, breathing a sigh of relief.

Jim


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## vacationhopeful (Apr 22, 2015)

If you are paying the MFs, could you pay and deposit the week into your II account ... if NOT a Developer/Resort II account? You paid for the week's MFs and the owner gets the deed for 2016 USE YEAR...


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## DeniseM (Apr 22, 2015)

vacationhopeful said:


> If you are paying the MFs, could you pay and deposit the week into your II account ... if NOT a Developer/Resort II account? You paid for the week's MFs and the owner gets the deed for 2016 USE YEAR...



Wouldn't they have to re-do the contract, which would allow the buyer an easy out, and/or delay this even longer?


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## presley (Apr 22, 2015)

It's late in the year for anyone who is taking on the timeshare to get a reservation. Most people book stuff out a year in advance. I don't blame them for not wanting to pay.

If I were in your position, I'd pay the MFs to the resort and get out and just be glad I was out finally.


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## tkelley000 (Jun 3, 2015)

*Advice? DRI says I am owner but TS in someone else's name*

Need advice. I had a sales agreement (signed last August) with someone to buy my timeshare. New timeshare deed recorded (with their family trust as owner)with county office in October 2014 and material sent to DRI for transfer.  DRI raised lots of questions about prior 2002 deed transfer from my deceased father's family trust and not resolved until April. DRI now sends a new form for buyer to sign, and get recorded with county office but she has lost interest in sale (which was for a $1). DRI will not transfer without this form, relating to her family trust.  I am stuck given the deed is not in my name and she is not cooperarive at all.  I paid the 2015 Maintenance fees (though she was supposed to) so that is not an issue. DRI says I am owner on their books and MFs are my responsibility in the future. Help.


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## Passepartout (Jun 3, 2015)

I don't know what kind of 'help' you are looking to get here, but I'm sure many sympathize with your situation. It seems clear that the 'buyer' was interested when the outlay was $1, but now that more $$$ are involved it's easy to lose interest. And DRI has you on record for paying MF that are the new buyer's responsibility. That may well have been your mistake. 20/20 hindsight looks like forwarding the MF bill to the buyer- perhaps with a copy of their purchase agreement and a letter from a lawyer outlining their responsibility might have been prudent. Now, getting DRI's legal department might be your best hope. I'm sure they have buyers who simply don't consummate the sale after leaving the salesroom, thinking it will just go away.

Good luck!

Jim


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## DeniseM (Jun 3, 2015)

Since you already have a thread going on this topic, I merged your new post.  If you have any additional questions or comments, please post them in the same thread.

QUESTIONS:  

I see from previous posts that you were offering the new owner a cash incentive to take the timeshare.  Have you already PAID them?

Are you using a closing/title company to assist you with the transfer?


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## tschwa2 (Jun 3, 2015)

The advice from your previous posts still stand.

At this point you need to decide 

A. If you are going to threaten her with legal actions if she does not complete the trust form.

or

B. See if she will agree to deed it back to you.  You will probably have to pay to get a new deed prepared, have it sent off for her to get notarized, and then pay to get it re-recorded in your name and then you will have to start again finding a new taker but at least you will have a clear title.  If DRI is still accepting deedbacks when you get it back in your name you can try that as well.


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## Bill4728 (Jun 3, 2015)

vacationhopeful said:


> If you are paying the MFs, could you pay and deposit the week into your II account ... if NOT a Developer/Resort II account? You paid for the week's MFs and the owner gets the deed for 2016 USE YEAR...


Wow that would be a good idea BUT DRI doesn't let people do that. You have to make a trade in II then DRI will give II the DRI pts to pay for the trade. So until you* make the trade* the points are still in your DRI account

Also DRI does its best to make buying a resale unattractive. If you sell your DRI pt TS, all your current years pts disappear unless they were used already to pay for a II trade.( even if they have been used to make a reservation at a DRI resort)


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## Bill4728 (Jun 3, 2015)

*Here is some unhappy advice to the OP*

Since DRI general policy is that all DRI pts in your account and all reservations are forfeit when you sell your pts to another private party.  You should have to pay this years MFs since the buyer will not be able to use them.

If you can find a II trade you would be willing to make right now, you could get something for your 2015 pts but basically DRI want to make selling your TS as hard as possible and  make buying from DRI directly as attractive as possible. 

Sorry

PS please note this policy is for people who own DRI points.  This may not be true for people owning a week at a single, DRI run resort.


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## tschwa2 (Jun 3, 2015)

I think the OP has a deeded non points week at Powhatan (from the Bargain forum posts when he was giving it away).  It isn't points so that shouldn't a problem.


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## tkelley000 (Jun 5, 2015)

DeniseM said:


> Since you already have a thread going on this topic, I merged your new post.  If you have any additional questions or comments, please post them in the same thread.
> 
> QUESTIONS:
> 
> ...


_____________
Reply:
Yes--$300 paid at point deed was recorded in the name of the buyer--last October!
Yes, I am using a TUG recommended closing/title company.


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## DeniseM (Jun 5, 2015)

tkelley000 said:


> _____________
> Reply:
> Yes--$300 paid at point deed was recorded in the name of the buyer--last October!
> Yes, I am using a TUG recommended closing/title company.



Did you ask them to refund your $300?


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## tkelley000 (Jun 5, 2015)

tschwa2 said:


> I think the OP has a deeded non points week at Powhatan (from the Bargain forum posts when he was giving it away).  It isn't points so that shouldn't a problem.



__
Reply--That is correct, it is a non-points DRI resort (Powhatan)


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## tkelley000 (Jun 5, 2015)

DeniseM said:


> Did you ask them to refund your $300?



Yes--In a recent letter, but no response yet.  Not responding to phone calls either.  Not looking good.


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