# Ex won’t relinquish co-ownership



## TS1969 (Jan 31, 2020)

Ex and I divorced over 10 years ago. Timeshare was paid in full. I was awarded the Timeshare in the divorce to be turned over in 30 days. He waited 7 years, then sent Hilton our divorce decree, which put me as being the main owner and him the co-owner. They are now sending me all the bills. He refuses to remove his name from the deed and now they are coming after me for late fees and dues even though he is part owner. Hilton refuses to help me and even says they can’t discuss certain issues with me as he is also part owner. Is there anything that can be done? Please help.


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## SHG (Jan 31, 2020)

Sorry to hear about your problem. I have similar problem (not a divorce), but a person unwilling to remove their name from the deed, just to be hateful. The person has no access or use of the ownership, but refuses to sign over...…. I proposed (but we have not performed) suggestion number 2 below.

Hmm, a couple of questions?
1. How does Hilton explain that they will accept the divorce papers as cause to change his status to co-owner, but not to remove him from the deed?
2. If your husband was willing to submit the divorce papers to Hilton, why would he not want to sign the deed change??

Suggestions:
1. Provide your divorce papers and the court documents that award you the timeshare as proof that you should be the only name on the deed.
2. Advise your husband that if he does not sign documents to remove his name from the deed, you will take him to small claims court. This you can do on your own without and attorny, and you can suit for up to $15K (I think that is the current limit....)


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## Talent312 (Jan 31, 2020)

You need to speak to a lawyer versed in R/E law.
No one here can give you qualified legal advice.

But I will say this:
A divorce decree is typically not self-executing, meaning it is not a deed.
He needed to sign a Quit Claim Deed for HGVC to take his name off it.
So, HGVC is free to go after either of you, or both.

If you had a divorce lawyer, he failed to do his job in getting a QC Deed.
Had he done so, the TS would'a been exclusively yours all this time...
(meaning you'd have been solely responsible for fees+taxes, anyway).

If you don't want the TS, you can let them foreclose and take a credit hit.
If you're in contact with your ex, you might let him know its coming.
.


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## theo (Jan 31, 2020)

You really need to meet with an attorney, with any and all associated documentation in hand.

That much clearly stated, assuming what you describe to be accurate and complete, there *should* have been  a new (quit claim) deed prepared and signed by the "ex" for him to relinquish co-ownership, with said deed then being officially recorded, complying with the terms of the divorce decree. No real surprise that Hilton would do nothing without a new recorded deed reflecting new ownership.

It seems to me that someone "dropped the ball" here --- and my own guess is that the fumble was by *your *divorce attorney.
Meet with a licensed attorney --- perhaps even the same one who plainly seems to have dropped this ball in the first place.


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## RX8 (Jan 31, 2020)

Curious, who has been paying the MF and using the timeshare for the last 10 years?


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## TS1969 (Jan 31, 2020)

RX8 said:


> Curious, who has been paying the MF and using the timeshare for the last 10 years?



He demanded the timeshare at first, then turned it over to me 7 years later. Maybe he figured out how bad timeshares are? Seems he’s the winner here?


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## TS1969 (Jan 31, 2020)

My ex and I have had no contact over the past 10 years. When he signed it over to me, it came out out of nowhere and with a year due - after he became engaged to another woman. I don’t have a job and there’s no way I can pay this. Doesn’t help that ex is a millionaire. 


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## Karen G (Jan 31, 2020)

TS1969 said:


> I don’t have a job and there’s no way I can pay this.


What is your goal here? Do you want the timeshare even though you say you can't pay the annual maintenance fees or do you want to get rid of the timeshare?


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## TS1969 (Jan 31, 2020)

Karen G said:


> What is your goal here? Do you want the timeshare even though you say you can't pay the annual maintenance fees or do you want to get rid of the timeshare?



I don’t want the timeshare. I just want out! I can’t handle the sleepless nights and anxiety attacks anymore. 


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## Karen G (Jan 31, 2020)

So sorry you're having to deal with this unfortunate turn of events. You've been given good advice in the posts above and I hope you can find a solution.  If you can get your ex's name off the deed you could try to give away your ownership in the Bargain Deals forum, or maybe he'd be agreeable to trying to give it away as is.


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## TS1969 (Jan 31, 2020)

Karen G said:


> So sorry you're having to deal with this unfortunate turn of events. You've been given good advice in the posts above and I hope you can find a solution. If you can get your ex's name off the deed you could try to give away your ownership in the Bargain Deals forum.



What’s the bargain deals forum?


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## Karen G (Jan 31, 2020)

TS1969 said:


> What’s the bargain deals forum?
> 
> 
> Sent from my iPhone using Tapatalk


Check it out here:  https://tugbbs.com/forums/forums/free-timeshare-giveaways-and-bargain-deals.55/


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## RX8 (Jan 31, 2020)

You should verify with an attorney but I don’t think HGVC must to do anything with a 10 year old divorce decree. The more responsible parties for payment the more they like it. Primary or not, both are equally liable to HGVC.

If your ex is a “millionaire” call HGVC and tell them you haven’t used or paid for this time share in the last10 years. Further, tell them you are unemployed but your ex is gainfully employed and if they want payment they should call him. Provide HGVC with his home number and employer information for good measure.


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## TS1969 (Jan 31, 2020)

RX8 said:


> You should verify with an attorney but I don’t think HGVC must to do anything with a 10 year old divorce decree. The more responsible parties for payment the more they like it. Primary or not, both are equally liable to HGVC.
> 
> If your ex is a “millionaire” call HGVC and tell them you haven’t used or paid for this time share in the last10 years. Further, tell them you are unemployed but your ex is gainfully employed and if they want payment they should call him. Provide HGVC with his home number and employer information for good measure.



Thank you. I will provide his information for them. He just turned this over to me 3 years ago, after he had it 7 years. I was scared to death so I charged the last years fees and paid them off on my credit card. He turned it over to my name (after a 7 year old divorce decree), so what am I supposed to to do now? I think I’m just scared that I’ll loose everything: and the house my dad left me after he died. 


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## Karen G (Jan 31, 2020)

TS1969 said:


> I think I’m just scared that I’ll loose everything: and the house my dad left me after he died.
> 
> 
> Sent from my iPhone using Tapatalk


Even if you just let the timeshare company foreclose on the timeshare, they couldn't take your house or any other property. The worst
that could happen would be a hit to your credit score and even that goes away in 7 years, I think.  I hope you were able to use the timeshare in
the years that you paid the maintenance fees.


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## TS1969 (Jan 31, 2020)

Karen G said:


> Even if you just let the timeshare company foreclose on the timeshare, they couldn't take your house or any other property. The worst
> that could happen would be a hit to your credit score and even that goes away in 7 years, I think. I hope you were able to use the timeshare in
> the years that you paid the maintenance fees.



I’m just happy to know that, if I’m NEVER going to pay them (seems like they’d go after the co-owner), they can’t take the house my dad left me. 

This is so horrible. I have nightmares and panic attacks because of this. This timeshare has been my nightmare for so many years. 


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## theo (Jan 31, 2020)

TS1969 said:


> My ex and I have had no contact over the past 10 years. *When he signed it over to me*, it came out out of nowhere and...



With all due respect, it seems to me that, based upon your portrayal of events (and non-events), he *never* "signed it over to you".
If no quitclaim deed was ever prepared, signed and recorded, what is it that you could possibly interpret as "signed over"? 

From Hilton's viewpoint you have been (and still remain today) equal co-owners, divorce decree notwithstanding. That said, a good question was raised previously ( see post #5 above) --- who has been paying the maintenance fees for the past 10 years? If the answer was *no one*, then foreclosure would surely already have occurred *long* before now.


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## Karen G (Jan 31, 2020)

TS1969 said:


> I’m just happy to know that, if I’m NEVER going to pay them (seems like they’d go after the co-owner), they can’t take the house my dad left me.
> 
> This is so horrible. I have nightmares and panic attacks because of this. This timeshare has been my nightmare for so many years.
> 
> ...


That's such a shame that this has caused you so much worry. Just step back and try to think logically about this. If you don't pay for a timeshare, the most they could take would be the timeshare itself--that's what would happen in a foreclosure. They don't have any claim on anything else you own.


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## Talent312 (Jan 31, 2020)

She can't sell it or give it away w/o her ex signing the deed.
She can't even do a give-back or deed in lieu of foreclosure.
The only way out is a "friendly" foreclosure.

If they try to collect past-due fees, they'll likely find that she's
"judgment proof" (meaning no assets to seize). Or she could
file Bankruptcy. I know of one ex who used Bankruptcy to turn
their creditors loose on the other spouse.


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## TS1969 (Jan 31, 2020)

Talent312 said:


> She can't sell it or give it away w/o her ex signing the deed.
> She can't even do a give-back or deed in lieu of foreclosure.
> The only way out is a "friendly" foreclosure.
> 
> ...



Filing bankruptcy is $1400. The dues are $1800. At this point I’ll file bankruptcy. Is that wrong? Would they go after ex? As being co-signer?


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## TS1969 (Jan 31, 2020)

FYI: I don’t have a job (3 years now due to PTSD, agoraphobia and depression) he took my business, and I’ve gone through so much I don’t care about my credit anymore. I just want to be out of this. I’m willing to file bankruptcy (with a friends help) and I no longer care about my credit. I just want out. 


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## Talent312 (Jan 31, 2020)

TS1969 said:


> Filing bankruptcy is $1400. The dues are $1800. At this point I’ll file bankruptcy. Is that wrong? Would they go after ex? As being co-signer?



Getting a fresh start is what Bankruptcy is for.
They'll especially hound a  co-owner with deep-pockets, if they can find him.
.


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## TS1969 (Jan 31, 2020)

Talent312 said:


> Getting a fresh start is what Bankruptcy is for.
> They'll especially hound a co-owner with deep-pockets, if they can find him.
> .



I’ve given them his phone number and address. I’ll go out this way if it releases me from this nightmare. 


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## RX8 (Jan 31, 2020)

Where and how many points do you own?  $1800 is a lot for HGVC maintenance fees so maybe you have something worth a few thousand dollars. If so, that might be worth convincing him to sign off on the deed so you could dispose of it quickly with a few bucks in your pocket.


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## TS1969 (Feb 1, 2020)

Karen G said:


> That's such a shame that this has caused you so much worry. Just step back and try to think logically about this. If you don't pay for a timeshare, the most they could take would be the timeshare itself--that's what would happen in a foreclosure. They don't have any claim on anything else you own.



So I can just tell them I want to foreclose on my half (let ex deal with his half), tell them I have no money to pay them, and they can’t come back and take the home I received from my parents when they died? I haven’t put the home in my name yet due to this fear. If this is the best way to go about it, then I will call them on Monday. 


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## TS1969 (Feb 1, 2020)

RX8 said:


> Where and how many points do you own? $1800 is a lot for HGVC maintenance fees so maybe you have something worth a few thousand dollars. If so, that might be worth convincing him to sign off on the deed so you could dispose of it quickly with a few bucks in your pocket.



It’s a Hilton in Orlando called the Tuscany. I’ve asked ex (when I was working) to sign it over to me like he was supposed to in our divorce settlement but I got a big F**K YOU from him. He’s uncooperative and unwilling to work with me on this. And apparently Hilton has no interest in going after him, the co-owner on the deed. Just seems that I’m screwed no matter which way I turn. 


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## RX8 (Feb 1, 2020)

With two owners they won’t foreclose on just one of them. HGVC will attempt to collect the amounts owed and will concentrate their efforts on whoever they feel has the means and willingness to pay. If amounts aren’t paid then eventually they will foreclose which will effect both owners equally.


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## RX8 (Feb 1, 2020)

TS1969 said:


> It’s a Hilton in Orlando called the Tuscany. I’ve asked ex (when I was working) to sign it over to me like he was supposed to in our divorce settlement but I got a big F**K YOU from him. He’s uncooperative and unwilling to work with me on this. And apparently Hilton has no interest in going after him, the co-owner on the deed. Just seems that I’m screwed no matter which way I turn.
> 
> 
> Sent from my iPhone using Tapatalk



You may need to consult an attorney regarding all this. Although the divorce decree started you were to be responsible for the timeshare your ex may have given up that right when he refused to quit claim the deed.

How do you know HGVC refuses to go after him? Again, it doesn’t matter who is first or second on the deed as both are equally liable. Any creditor, not just timeshares, will focus on who they think can pay.  That is why I suggested to tell them you are unemployed but your ex, who has used the timeshare the last 10 years, is employed and give them all his contact info.

How many points do you have?  If it is 7,000 or more it is worth at least $5,000.


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## TS1969 (Feb 1, 2020)

theo said:


> With all due respect, it seems to me that, based upon your portrayal of events (and non-events), he *never* "signed it over to you".
> If no quitclaim deed was ever prepared, signed and recorded, what is it that you could possibly interpret as "signed over"?
> 
> From Hilton's viewpoint you have been (and still remain today) equal co-owners, divorce decree notwithstanding. That said, a good question was raised previously ( see post #5 above) --- who has been paying the maintenance fees for the past 10 years? If the answer was *no one*, then foreclosure would surely already have occurred *long* before now.



I asked for 2 things in my divorce. The timeshare and my Lincoln Navigator. My ex is very manipulative. He wouldn’t release the tag (which was in his name) so I could no longer drive it. He wanted the timeshare at first until he got with his new wife. Apparently she told him to let me have the timeshare and Hilton took the outdated divorce decree and switched our ownership from him being the main owner to the co-signer. But they will not completely remove his name and when I asked him to sign it over to me, I received 2 words from him ‘F**K YOU’. I’ve told Hilton I can’t pay the now mounting club fees and dues and gave them his phone number and addy. They just keep coming after me. Seems he’s getting off Scott free being the co-signer. Maybe he’s thinking he will get it after I die paid in full; I just don’t know why or what he is thinking other than being mean and spiteful about it. When I asked Hilton if they could change it back (reaching for anything I could grab), they told me they had to go by the divorce decree (which was already 7 years old at that point). I just don’t understand it??


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## TS1969 (Feb 1, 2020)

RX8 said:


> You may need to consult an attorney regarding all this. Although the divorce decree started you were to be responsible for the timeshare your ex may have given up that right when he refused to quit claim the deed.
> 
> How do you know HGVC refuses to go after him? Again, it doesn’t matter who is first or second on the deed as both are equally liable. Any creditor, not just timeshares, will focus on who they think can pay. That is why I suggested to tell them you are unemployed but your ex, who has used the timeshare the last 10 years, is employed and give them all his contact info.
> 
> How many points do you have? If it is 7,000 or more it is worth at least $5,000.



It’s 3500 every 2 years. I haven’t actually used the timeshare for several years. I’ve told Hilton I was unemployed and cannot pay this. But my words seem to land on deaf ears and they keep sending me the bills. Should I just be persistent and keep calling them? Or should I leave it alone and they will they eventually go after him anyway? Thanks  


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## bogey21 (Feb 1, 2020)

You say you want out.  Here is my two step solution.  First, change the mailing address, phone number and email address on the account to his.  Second, don't pay any MFs.  My guess is that they will start dunning him for payment.  If you get any phone calls from Hilton, don't discuss the situation and politely hang up.  If your ex calls, ignore him too.  Then wait and see what happens...


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## TS1969 (Feb 1, 2020)

TS1969 said:


> It’s 3500 every 2 years. I haven’t actually used the timeshare for several years. I’ve told Hilton I was unemployed and cannot pay this. But my words seem to land on deaf ears and they keep sending me the bills. Should I just be persistent and keep calling them? Or should I leave it alone and they will they eventually go after him anyway? Thanks
> 
> 
> Sent from my iPhone using Tapatalk



I want to eventually put the house my parents left me in my name but afraid to do so until this gets settled. Do I need to be concerned they will go after my house once I
Put it in my name? Right now, nothings in my name, I have no job, no bank accounts, savings, etc. nothing for them to come after.


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## TS1969 (Feb 1, 2020)

bogey21 said:


> You say you want out. Here is my two step solution. First, change the mailing address, phone number and email address on the account to his. Second, don't pay any MFs. My guess is that they will start dunning him for payment. If you get any phone calls from Hilton, don't discuss the situation and politely hang up. Then see what happens...



Okay, I will try this and see if it works. Thank you so much (and everyone) for their advise. Needless to say this has caused many sleepless nights as well as panic attacks. It’s been brutal. 


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## presley (Feb 1, 2020)

Timeshares aren't worth the adrenline rush of a panic attack. Just don't pay for it. Tell the timeshare company that you don't have any money and you aren't going to pay for it. Then, never talk to them again. Don't answer the phone and don't open any mail from them. They can choose to save their resources and take it back immediately, or they can go through foreclosure and make it more of a hassle for themselves. You don't need to absorb any of the hassles. And don't waste your brain on thinking about your Ex. You are giving him way too much power by doing that. What's done is done. Time to put one foot in front of the other and forget about the past.


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## pedro47 (Feb 1, 2020)

To the OP, you need to see a lawyer to resolve these issues. Liked ten (10) years go. Good luck do not wait; do it now.

Advice and suggestion on this website have been excellent.
However, you need a lawyer and have these issues settle in a court of law.


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## RX8 (Feb 1, 2020)

Unfortunately, 3500 points EOY has zero resale value.

The fact that they keep sending you bills doesn’t mean that they aren’t doing the same to your ex.


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## theo (Feb 1, 2020)

TS1969 said:


> So I can just tell them I want to foreclose on my half (let ex deal with his half), tell them I have no money to pay them.....



Again, if both of your names are still on the current deed, then both of you are (and will remain) equal co-owners.
Until / unless a new and different deed is prepared and recorded with different name(s), you have no available option to unilaterally and independently separate yourself from that ownership and / or its' associated obligations.

You *really and truly* should meet with an attorney. You are not going to achieve any satisfactory resolution from phone conversation with Hilton. As it currently stands right now, they have *both* of you on the hook and you can rest assured that have their own (not your) best interests at heart.


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## Talent312 (Feb 1, 2020)

TS1969 said:


> So I can just tell them I want to foreclose on my half (let ex deal with his half), tell them I have no money to pay them, and they can’t come back and take the home I received from my parents when they died? I haven’t put the home in my name yet due to this fear. If this is the best way to go about it, then I will call them on Monday.



First, they would join both of you in a foreclosure suit, not do it piecemeal.  So, in a way, you'd be married again.

Second, many states have homestead property exemptions for claims of creditors. Other exemptions may include personal property up to a certain amount and head of household income. That's why I said you're likely "judgment proof." So it likely would not make a difference.

You may find information about this on www.nolo.com.
BTW, many lawyers offer no or low fee initial consultations.
Your state or local bar association prolly has a referral list for this.
..


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## TDub1313 (Feb 1, 2020)

I would say the less you tell them the better off you are, beyond that you won’t be paying because you are unable. From the sound of things you have multiple issues hanging out there that are in need of legal attention. If your parents left you a home but it still isn’t in your name - that is odd to me. The general rule here is to stop paying and don’t talk to them. Monitor you credit going forward and assume that your ex is getting the same calls/letters you will be getting. If you can’t speak to him about selling it then I assume you’ll have very few palatable options outside of what has been talked about here. The two of you could get the fees current and then sell tuning this into a near wash for both of you. 
Please remember this is an Internet forum and nothing here is real legal advice. You’ll likely need to pay for that. You may also want to consider changing your screen name in this forum as you appear to be using your full legal name. Most here use some type of nickname... It may not be a big deal but dealing with exes can be tricky...
Best of luck.


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## TDub1313 (Feb 1, 2020)

For some reason I cannot edit my post. It seems your contract likely doesn’t have any resale value. So selling won’t be an option. It is odd that your fees are so high with the true of points you get. Maybe split the delinquent fees (possibly more than a year’s worth) and then give it away. Thus avoiding a judgement. But if you have no assets at this time maybe it’s best to foreclose. It’ll hurt him more than you... not that that Is a good reason.


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## bogey21 (Feb 1, 2020)

theo said:


> You *really and truly* should meet with an attorney.



My take is that OP has little (maybe no) money and has zero assets in her name.  How do you propose she pay an attorney...

George


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## bluehende (Feb 1, 2020)

You have received some good advice.  Try not to stress as you will come through this fine.


Having said that, to add more stress to your life,  it seems to me your biggest problem is the original divorce and his non performance of the original divorce terms.  It may add too much stress, but I would be talking to a lawyer about what consequences he may have for not following through.  The best advice you have received is to contact a lawyer and establish what you can and cannot do.

I am not a lawyer so would be more than willing to pay for good advice.  There is a thread about foreclosures as to what states cannot go after anything other than the timeshare.  I believe Florida is one of them.  If so you can ignore them and just lose the timeshare.....job done.  My view from a distance is that your vindictive husband will find another way to stress you out.


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## bluehende (Feb 1, 2020)

bogey21 said:


> My take is that OP has little (maybe no) money to pay an attorney and has zero assets in her name.  How do you propose she pay an attorney...
> 
> George




In her situation I would be surprised if some kind of legal aid would not be available.  Not ideal but at least one way to go.


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## Panina (Feb 1, 2020)

TS1969 said:


> It’s a Hilton in Orlando called the Tuscany. I’ve asked ex (when I was working) to sign it over to me like he was supposed to in our divorce settlement but I got a big F**K YOU from him. He’s uncooperative and unwilling to work with me on this. And apparently Hilton has no interest in going after him, the co-owner on the deed. Just seems that I’m screwed no matter which way I turn.
> 
> 
> Sent from my iPhone using Tapatalk


if you stop paying they will go after him.


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## TS1969 (Feb 1, 2020)

Panina said:


> if you stop paying they will go after him.



I sure hope you’re right!! That only seems fair!! How long do I have to wait before this happens do you think? Do I still need to call and give them his address?


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## TS1969 (Feb 1, 2020)

bluehende said:


> In her situation I would be surprised if some kind of legal aid would not be available. Not ideal but at least one way to go.



I have no money to hire an attorney. Someone suggested I go to attorney #1 (I had 2 attorneys during the course of the divorce), but I begged them to help me with the timeshare and they did nothing to help me. I had a consultation with a 3rd attorney and he said it was too late at that point. It seems attorney’s don’t want to get mixed up with timeshares


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## TS1969 (Feb 1, 2020)

bluehende said:


> You have received some good advice. Try not to stress as you will come through this fine.
> 
> 
> Having said that, to add more stress to your life, it seems to me your biggest problem is the original divorce and his non performance of the original divorce terms. It may add too much stress, but I would be talking to a lawyer about what consequences he may have for not following through. The best advice you have received is to contact a lawyer and establish what you can and cannot do.
> ...



I’ll happily take the foreclosure if they will just leave me alone. This is the only thing left my ex has over my head. I’ve blocked him from all areas of phone and social media and our two adult girls no longer speak with him. 

But can they only foreclose on my half? He’s still on the deed as co-signer. 


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## TS1969 (Feb 1, 2020)

TDub1313 said:


> For some reason I cannot edit my post. It seems your contract likely doesn’t have any resale value. So selling won’t be an option. It is odd that your fees are so high with the true of points you get. Maybe split the delinquent fees (possibly more than a year’s worth) and then give it away. Thus avoiding a judgement. But if you have no assets at this time maybe it’s best to foreclose. It’ll hurt him more than you... not that that Is a good reason.



This has been going on 2 years now, so dues, fees, late charges, etc for 2 years for a timeshare worth 3400 points every 2 years. 
I couldn’t give this timeshare away and he’s strapped me in since he’s unwilling to take his name off the deed. He’d never agree to trying to sell it. His main goal is to put me thru Hell over every last thing he can, but this is the last thing he’s bound me too. 

I wonder I just call the timeshare and tell them to foreclose on my half and deal with him, or will they not even let me do that? 




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## TS1969 (Feb 1, 2020)

TDub1313 said:


> I would say the less you tell them the better off you are, beyond that you won’t be paying because you are unable. From the sound of things you have multiple issues hanging out there that are in need of legal attention. If your parents left you a home but it still isn’t in your name - that is odd to me. The general rule here is to stop paying and don’t talk to them. Monitor you credit going forward and assume that your ex is getting the same calls/letters you will be getting. If you can’t speak to him about selling it then I assume you’ll have very few palatable options outside of what has been talked about here. The two of you could get the fees current and then sell tuning this into a near wash for both of you.
> Please remember this is an Internet forum and nothing here is real legal advice. You’ll likely need to pay for that. You may also want to consider changing your screen name in this forum as you appear to be using your full legal name. Most here use some type of nickname... It may not be a big deal but dealing with exes can be tricky...
> Best of luck.



Thank you. My mom died from cancer 5 years ago. My dad just passed in a car accident recently so really haven’t had the time to put anything in my name. 

My ex would never agree to paying one red cent. I’ve asked every question to him and his only response has only been to ‘f**k off. 

It’s a good idea. I’ll change my screen name. Thanks for the advice. 


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## Karen G (Feb 1, 2020)

TS1969 said:


> I wonder I just call the timeshare and tell them to foreclose on my half and deal with him, or will they not even let me do that?


You are both co-owners of the one timeshare. If they foreclose, it's on the one timeshare and both co-owners will be affected. Just let it be foreclosed and you'll eventually be done with it. Cease to respond to any phone calls or letters about it. Forget about it.  Let your ex deal with it.


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## Talent312 (Feb 1, 2020)

TS1969 said:


> But can they only foreclose on my half? He’s still on the deed as co-signer.



As I said, they will name both of you as defendants. Your names will appear together on the pages of the foreclosure complaint. He may hire a lawyer to respond to the suit, or not. You can either default or answer the complaint. They may use a non-judicial procedure fast-tracks the process and no deficiency judgment is issued.

Every state has local non-profit legal aid organizations for peep who cannot afford attorneys.
Check www.nolo.com 's "legal aid" section, or look at www.yellowpages.com for your city.
Or a clerk's office at a courthouse may have brochures for one.
.


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## WVBaker (Feb 1, 2020)

Unfortunately I can't see that happen. If all are on the deed, all get sued.

As has been said, call the management company and try to work something out. If not, call an lawyer but as you know, that's additional expense.


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## TS1969 (Feb 1, 2020)

TS1969 said:


> Thank you. My mom died from cancer 5 years ago. My dad just passed in a car accident recently so really haven’t had the time to put anything in my name.
> 
> My ex would never agree to paying one red cent. I’ve asked every question to him and his only response has only been to ‘f**k off.
> 
> ...



Stupid question. How do I change my screen name?


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## GT75 (Feb 1, 2020)

TS1969 post: 2389128 said:
			
		

> Stupid question. How do I change my screen name?


Not a stupid questions, I sent a PM to you.


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## TS1969 (Feb 1, 2020)

GT75 said:


> Not a stupid questions, I sent a PM to you.



Thank you! I messaged them. 


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## theo (Feb 1, 2020)

bogey21 said:


> My take is that OP has little (maybe no) money and has zero assets in her name.  How do you propose she pay an attorney... George



With all due respect, most decent attorneys would not charge her a dime for an initial consultation, but would at least provide some general guidance and / or suggestions in that conversation.

A timeshare forum is no place for (and no substitute for) competent legal advice. I am aware of your apparent disdain for lawyers, as revealed in these forums in the past George, but with no offense or disrespect intended, some legal matters are just simply "above the pay grade" of most laymen (despite their "timeshare experience"), at least in my personal opinion. Your mileage may vary


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## TS1969 (Feb 1, 2020)

Talent312 said:


> She can't sell it or give it away w/o her ex signing the deed.
> She can't even do a give-back or deed in lieu of foreclosure.
> The only way out is a "friendly" foreclosure.
> 
> ...



I’ve thought about a bankruptcy. I know an attorney who’d help me out with one at lower than cost. The timeshare has racked up charges on me that costs more than a normal bankruptcy would cost. That, I’m assuming, would get me out from under it then Hilton could just go after ex, right?


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## bogey21 (Feb 1, 2020)

theo said:


> A timeshare forum is no place for (and no substitute for) competent legal advice. I am aware of your apparent disdain for lawyers, as revealed in these forums in the past George, but with no offense or disrespect intended, some legal matters are just simply "above the pay grade" of most laymen (despite their "timeshare experience"), at least in my personal opinion.



I have no problem and take no offense at all with what you say...

George


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## pedro47 (Feb 2, 2020)

To the OP, are you near any universities that have a law school? You can contact them for free legal assistance, suggestions or advice.


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## TS1969 (Feb 2, 2020)

pedro47 said:


> To the OP, are you near any universities that have a law school? You can contact them for free legal assistance, suggestions or advice.



The timeshare is in Florida and I live in North Georgia, so nowhere close. But thanks for the advise. 


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## TS1969 (Feb 3, 2020)

pedro47 said:


> To the OP, are you near any universities that have a law school? You can contact them for free legal assistance, suggestions or advice.



I will check. Thanks for the suggestion. 

Another sleepless night worrying about this. 


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## TS1969 (Feb 3, 2020)

bogey21 said:


> I have no problem and take no offense at all with what you say...
> 
> George



Pedro47 suggested a university, which seems like a good idea to me. What do you think? I don’t have a job, no money, no assets (thinking about putting the home my parents left me in my husbands name) just so I won’t take a chance on them coming after that if they sue me. But ex is also on the deed, so it seems they’d go after him too. If he hired an attorney, it would only show he’s always been in contempt since he never turned the ts over to me in the divorce by getting his name off of it with a quit claim. Then sent Hilton the divorce decree 7 years later, it was so easy for them to put me as the main signer and him the co-signer. If it were that easy with a 7 year old divorce decree, can I just go online and switch it back and give them his address, etc.? 

Another sleepless night that’s turning into anxiety attack over this. 10 years going on like this has just trapped me in a prison so to speak. 

I appreciate the advise more than you know. 


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## TS1969 (Feb 3, 2020)

TS1969 said:


> Pedro47 suggested a university, which seems like a good idea to me. What do you think? I don’t have a job, no money, no assets (thinking about putting the home my parents left me in my husbands name) just so I won’t take a chance on them coming after that if they sue me. But ex is also on the deed, so it seems they’d go after him too. If he hired an attorney, it would only show he’s always been in contempt since he never turned the ts over to me in the divorce by getting his name off of it with a quit claim. Then sent Hilton the divorce decree 7 years later, it was so easy for them to put me as the main signer and him the co-signer. If it were that easy with a 7 year old divorce decree, can I just go online and switch it back and give them his address, etc.?
> 
> Another sleepless night that’s turning into anxiety attack over this. 10 years going on like this has just trapped me in a prison so to speak.
> 
> ...



I’m sorry, the divorce decree is from 2010 - not 7 years ago. 


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## TS1969 (Feb 3, 2020)

TS1969 said:


> Pedro47 suggested a university, which seems like a good idea to me. What do you think? I don’t have a job, no money, no assets (thinking about putting the home my parents left me in my husbands name) just so I won’t take a chance on them coming after that if they sue me. But ex is also on the deed, so it seems they’d go after him too. If he hired an attorney, it would only show he’s always been in contempt since he never turned the ts over to me in the divorce by getting his name off of it with a quit claim. Then sent Hilton the divorce decree 7 years later, it was so easy for them to put me as the main signer and him the co-signer. If it were that easy with a 7 year old divorce decree, can I just go online and switch it back and give them his address, etc.?
> 
> Another sleepless night that’s turning into anxiety attack over this. 10 years going on like this has just trapped me in a prison so to speak.
> 
> ...



Also, how do forecloses work?


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## GT75 (Feb 3, 2020)

TS1969 said:


> (thinking about putting the home my parents left me in my husbands name


I wouldn't do that.


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## pedro47 (Feb 3, 2020)

How far are you from Macon or Atlanta , Georgia?


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## RX8 (Feb 3, 2020)

TS1969 said:


> can I just go online and switch it back and give them his address, etc.?



There really isn’t anything to switch back.  Whoever is considered primary on the account doesn’t make them any more liable than the other parties on the deed.

Although this is no doubt stressful you have stated that you have no job and no assets. if you can’t afford tell HGVC, and as I suggested before, make sure they have your ex’s info. If no payments are made they will foreclose. In simple terms lenders can foreclose in a manner that is either cheap or expensive for them.  The only way for a lender to retain any deficiency rights is to foreclose expensively. Most, if not all, choose the cheap route to get the deed back in their hands so they can resell it. Do what you need to do and move on.

Note this is not legal advice but free internet advice which is probably not worth the price paid.


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## Iggyearl (Feb 3, 2020)

TS1969 said:


> Thank you. I will provide his information for them. He just turned this over to me 3 years ago, after he had it 7 years. I was scared to death so I charged the last years fees and paid them off on my credit card. He turned it over to my name (after a 7 year old divorce decree), so what am I supposed to to do now? I think I’m just scared that I’ll loose everything: and the house my dad left me after he died.
> 
> 
> Sent from my iPhone using Tapatalk


Not really sure how your ex UNILATERALLY turned the timeshare over to you 3 years ago.  Seems impossible.  Anyways, the WORST that can happen to you is that Hilton will foreclose on your interest and you will take a credit hit.  You mentioned that you don't care about your credit score right now, so that should not be a problem.  Florida is a non-deficiency state.  The timeshare company can only take back your interest in the timeshare.  They can't go after any other assets.  They may yell and scream, but you can ignore them.  I would ignore their requests for any payments.  If you did  not accept any liability 3 years ago, you should not have any now.  Ignore your ex, ignore any mail, and don't answer their phone  calls.  This process will take some time - and patience on your part.  The best thing that could happen is that you will be offered a deed in lieu of foreclosure.  That means you give back your interest in the timeshare.  You  are in a fragile state, thanks to a belligerent ex-spouse and a relentless timeshare company.  Take some stock in yourself and realize this whole thing is temporary.   This is just a bump on the highway of life.


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## TDub1313 (Feb 3, 2020)

Iggyearl said:


> Not really sure how your ex UNILATERALLY turned the timeshare over to you 3 years ago.  Seems impossible.  Anyways, the WORST that can happen to you is that Hilton will foreclose on your interest and you will take a credit hit.  You mentioned that you don't care about your credit score right now, so that should not be a problem.  Florida is a non-deficiency state.  The timeshare company can only take back your interest in the timeshare.  They can't go after any other assets.  They may yell and scream, but you can ignore them.  I would ignore their requests for any payments.  If you did  not accept any liability 3 years ago, you should not have any now.  Ignore your ex, ignore any mail, and don't answer their phone  calls.  This process will take some time - and patience on your part.  The best thing that could happen is that you will be offered a deed in lieu of foreclosure.  That means you give back your interest in the timeshare.  You  are in a fragile state, thanks to a belligerent ex-spouse and a relentless timeshare company.  Take some stock in yourself and realize this whole thing is temporary.   This is just a bump on the highway of life.




Do this.  Best advice you are going to get.


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## CalGalTraveler (Feb 3, 2020)

+1 you are in luck that this property is in Florida. See the TUG sticky on timeshare laws for Florida below. Biggest item is that you should not object to the foreclosure as that could turn this into a judicial deficiency and they could go after your assets.

If you don't object to foreclosure (i.e. do not pay, do not talk to them, do not respond) all they can do is take back the timeshare because Florida is an anti-judicial, anti-deficiency state. Of course if your ex objected he would get hit harder because he has deep pockets. I would still find a lawyer to go over your strategy given a divorce is involved and you cannot control his response.  But HGV will be more interested in going after him than you.









						Links to Official State Timeshare Laws and Guides/Manuals
					

@TUGBrian @DeniseM @CalGalTraveler take a look.  This weekend, I’m creating a spreadsheet with official links to states’ timeshare laws, as well as their statuses as to non-judicial, anti-deficiency foreclosures.  In the meantime, I will just keep adding notes.   * Legal Disclaimer: This list...




					tugbbs.com
				












						[ 2019 ] anyone has stopped paying maintenance fees, what happened ?
					

i am trying to get an answer from someone who has actually stopped paying maintenance fees , so unless you are the one , please keep speculation to yourself .secondly i am referring specifically about HOA fees , NOT mortgage payments that i completely understand the consequences . help will be...




					tugbbs.com
				




Is this timeshare paid off? If it is only behind in MF your credit may not even be impacted.  Good luck!


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## Talent312 (Feb 3, 2020)

A foreclosure is enforcement of the lien on the property.
It "closes" the claims of anyone who may have an interest in the property.

Your squabble with your ex over who 'owns' it or the 'primary' matters not.
Not one red cent.  Their foreclosure will throw both of you out, equally.
If anyone doesn't want that to happen, they need to settle up with HGVC.

HGVC may hassle you some more. Throw the letters away. Hang up on 'em.
Eventually, they'll get the message that they can't get blood out of a turnip.
They'll either write it off or go after your ex. Either way, it'll be over for you.
------------------------
BTW, your ex a house would be foolish. I'd sat something else, but too polite.


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## pedro47 (Feb 3, 2020)

Have you contacted legal aide for advice.?


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## TS1969 (Feb 4, 2020)

CalGalTraveler said:


> +1 you are in luck that this property is in Florida. See the TUG sticky on timeshare laws for Florida below. Biggest item is that you should not object to the foreclosure as that could turn this into a judicial deficiency and they could go after your assets.
> 
> If you don't object to foreclosure (i.e. do not pay, do not talk to them, do not respond) all they can do is take back the timeshare because Florida is an anti-judicial, anti-deficiency state. Of course if your ex objected he would get hit harder because he has deep pockets. I would still find a lawyer to go over your strategy given a divorce is involved and you cannot control his response. But HGV will be more interested in going after him than you.
> 
> ...



That was awesome advice! Thank you so much. I will just ignore them as I’ve been doing over the past 2 years. The ts is paid off many years now and my credit is already shot, so that’s no concern to me. My biggest concern was them trying to sue me for my property so thanks for addressing that. This is just one big nightmare so thank you again for your advise


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## TS1969 (Feb 4, 2020)

pedro47 said:


> Have you contacted legal aide for advice.?



No I haven’t. 


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## CalGalTraveler (Feb 4, 2020)

@TS1969 I would still recommend discussing this strategy with legal aid because your ex could object and they could come after both of your assets because his objection could turn this into a deficiency judgment. OTOH they may see your bad credit and decide that they would pay more in lawyers than they could recoup and would focus on recouping from your millionaire ex. He has much more to lose than you. However we are not lawyers and do not know the details of your assets. Depending on the state the lawyer may advise you to declare bankruptcy to protect your home and retirement funds.


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## TS1969 (Feb 4, 2020)

Talent312 said:


> A foreclosure is enforcement of the lien on the property.
> It "closes" the claims of anyone who may have an interest in the property.
> 
> Your squabble with your ex over who 'owns' it or the 'primary' matters not.
> ...



With all this great advise, I’m feeling better than I have! The panic attacks are fewer and further between. My ex owns the business we started (he ended up with it - better divorce lawyer), I didn’t ask for alimony only that he help with our college aged children and I walked away from practically everything we owned together. Now he has 2 houses, and I’m sure his credit is great. My dad recently died in a car accident so I inherited my parents house, which is paid in full. Eventually I’ll have to put it in my name, but just scared to death to do so thinking they’d come after my property. Thankfully, great advise from y’all have told me they can’t do that. They can come after me as equally as they do him. It won’t hurt me one bit to foreclose, but he may not like his credit getting hit since it’s important to continue to run his business. 

Thank you so much. I’m so glad I found this site. 


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## TS1969 (Feb 4, 2020)

GT75 said:


> I wouldn't do that.



It’s definitely not my first choice. The house is paid in full and my parents worked hard to pay the mortgage in 15 years. This just shows how frightened I am over the fact that I believe Hilton could try to come after my home. 


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## TS1969 (Feb 4, 2020)

CalGalTraveler said:


> @TS1969 I would still recommend discussing this strategy with legal aid because your ex could object and they could come after both of your assets because his objection could turn this into a deficiency judgment. OTOH they may see your bad credit and decide that they would pay more in lawyers than they could recoup and would focus on recouping from your millionaire ex. He has much more to lose than you. However we are not lawyers and do not know the details of your assets. Depending on the state the lawyer may advise you to declare bankruptcy to protect your home and retirement funds.



I have NO assets whatsoever and no retirement funds. I was actually homeless for about a year and have nothing but a past bankruptcy on my credit. My ex owns a lucrative business, 2 homes, property, stock, and the retirement accounts we set up when we first married 30+ years ago. I’d have to wait 2 more years to file bankruptcy for the Hilton only (nothing else to file bankruptcy on) but it won’t hurt me to do that. But wouldn’t Hilton also try to ‘split’ the difference between ex and myself? He put himself as co-signer and I always believed if the owner couldn’t pay, that’s why they have a co-signer. Someone else to go after as a backup? 


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## TS1969 (Feb 4, 2020)

TS1969 said:


> I have NO assets whatsoever and no retirement funds. I was actually homeless for about a year and have nothing but a past bankruptcy on my credit. My ex owns a lucrative business, 2 homes, property, stock, and the retirement accounts we set up when we first married 30+ years ago. I’d have to wait 2 more years to file bankruptcy for the Hilton only (nothing else to file bankruptcy on) but it won’t hurt me to do that. But wouldn’t Hilton also try to ‘split’ the difference between ex and myself? He put himself as co-signer and I always believed if the owner couldn’t pay, that’s why they have a co-signer. Someone else to go after as a backup?
> 
> 
> Sent from my iPhone using Tapatalk



So far the amount owed on fees, etc is $1700 (I looked it up). Around how long do they wait until they consider foreclosure? I hope the sooner the better. 


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## bogey21 (Feb 4, 2020)

I don't know why you are prolonging this discussion .  It is simple.  Just stop paying.  If Hilton calls, just tell them they have the wrong number and hang up.

George


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## Talent312 (Feb 4, 2020)

TS1969 said:


> Around how long do they wait until they consider foreclosure? I hope the sooner the better.



Only the Gods know.
The more valuable it is to them, the sooner they'll go after it.
If its value is limited, it could sit in limbo for a while.
.


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## TS1969 (Feb 4, 2020)

TS1969 said:


> I have NO assets whatsoever and no retirement funds. I was actually homeless for about a year and have nothing but a past bankruptcy on my credit. My ex owns a lucrative business, 2 homes, property, stock, and the retirement accounts we set up when we first married 30+ years ago. I’d have to wait 2 more years to file bankruptcy for the Hilton only (nothing else to file bankruptcy on) but it won’t hurt me to do that. But wouldn’t Hilton also try to ‘split’ the difference between ex and myself? He put himself as co-signer and I always believed if the owner couldn’t pay, that’s why they have a co-signer. Someone else to go after as a backup?
> 
> 
> Sent from my iPhone using Tapatalk



Question: if ex objects, can I object? He was in contempt from day 30 after divorce when he refused to turn the ts over to me by signing a quit claim. After he sent the divorce decree to Hilton 7 years after our divorce putting him as co-owner, I tried to get him to go either way - sign it completely over to me or take it completely. This man loves telling me to f**k off and if it’s something he can torture me with, he will. He’s just hanging out as co-signer after giving Hilton my daughters address to send the bill too since he knew she’d get my mail to me. I’m assuming they haven’t even contacted him since they’re still sending statements to me. This is the last thing he can torture me with and I have to admit, it is torture. 


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## TS1969 (Feb 4, 2020)

bogey21 said:


> I don't know why you are prolonging this discussion . It is simple. Just stop paying. If Hilton calls, just tell them they have the wrong number and hang up.
> 
> George



I’m sorry George. I’m just frightened and my anxiety level is extremely high. I am very thankful for this group and since I’m able to get it off my chest and receive valuable advise, it’s just making me feel better


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## TS1969 (Feb 4, 2020)

Talent312 said:


> Only the Gods know.
> The more valuable it is to them, the sooner they'll go after it.
> If its value is limited, it could sit in limbo for a while.
> .



Okay, thanks. 


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## TS1969 (Feb 4, 2020)

pedro47 said:


> How far are you from Macon or Atlanta , Georgia?



Close to Atlanta. 


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## CalGalTraveler (Feb 4, 2020)

TS1969 said:


> I have NO assets whatsoever and no retirement funds. I was actually homeless for about a year and have nothing but a past bankruptcy on my credit. My ex owns a lucrative business, 2 homes, property, stock, and the retirement accounts we set up when we first married 30+ years ago. I’d have to wait 2 more years to file bankruptcy for the Hilton only (nothing else to file bankruptcy on) but it won’t hurt me to do that. But wouldn’t Hilton also try to ‘split’ the difference between ex and myself? He put himself as co-signer and I always believed if the owner couldn’t pay, that’s why they have a co-signer. Someone else to go after as a backup?
> 
> 
> Sent from my iPhone using Tapatalk


If you already filed for bankruptcy, wouldn't that cover the TS because you owned it at that time? If so just move on and dont answer their calls.

Hold off as long as you can on putting that house in your name.


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## TS1969 (Feb 4, 2020)

CalGalTraveler said:


> If you already filed for bankruptcy, wouldn't that cover the TS because you owned it at that time? If so just move on and dont answer their calls.
> 
> Hold off as long as you can on putting that house in your name.



He was paying for the ts at that time. I didn’t include it in my bankruptcy. I’m holding off on putting the house in my name. 

As George said, I think I’m riding the crap out of a dead horse. I’ve gotten so many great answers and don’t want to burden any of you anymore. 

I’m just going to let them continue sending the bills to me, ignore them and try to let it go. 

You guys have been awesome and set my mind at ease. I appreciate each and every one of you. I can sleep better at night, so I feel better already. 


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## Karen G (Feb 4, 2020)

TS1969 said:


> You guys have been awesome and set my mind at ease. I appreciate each and every one of you. I can sleep better at night, so I feel better already.


Glad to hear you're feeling better about the situation. Hope you'll stick around and let us know when it's resolved.


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## TS1969 (Feb 4, 2020)

Karen G said:


> Glad to hear you're feeling better about the situation. Hope you'll stick around and let us know when it's resolved.



I will definitely let you know the outcome. Maybe it’ll help someone else. Thanks for being there


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## CalGalTraveler (Feb 4, 2020)

@TS1969 Good luck. Who knows? Maybe he will object to foreclosure and screw himself in the process...


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