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"Old" resale week and title issue [Pahio at KaEoKai]

Discussion in 'US - Hawaii Timesharing' started by tfalk, Aug 29, 2018.

  1. tfalk

    tfalk Guest

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    Just putting this out there, hopefully we are the only ones stuck dealing with this... If you have a 'resale' week that you bought many years ago, you might want to check your title documents...

    We bought a resale week on 1992 from Pahio at KaEoKai. At the time, I thought we were
    purchasing it directly from the resort and never paid any attention to the deed. BIG mistake...

    Apparently KaEoKai had the deed transferred directly from the previous owners to us using
    Hawaii Escrow and Title (HET). We tried to ovation the week last year, Wyndham refused it
    because they claimed there was 'a cloud' on the title...

    As it turns out, the previous owners had a mortgage through a bank in the midwest. They paid
    off the mortgage and HET recorded a release. Unfortunately, they recorded it incorrectly. The
    release does not point back to the original mortgage, it points to some other document. Based
    on that, Wyndham said we needed to get a correct release of mortgage filed.

    The bank in the midwest was liquidated in 2011. HET went out of business years ago and this
    is past the date that the records had to be retained...

    So, we now have a week that we can't sell, can't give away and can't give back to Wyndham.

    Only advice we've been given so far is stop paying the maintenance fees and let it go into foreclosure... really nice to know I'm going to have to take a credit it to fix someone else's screwup 26 years ago :(
     
  2. breezez

    breezez TUG Member

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    Sorry to here this. I would go see a real estate attorney or speak with one in Hawaii. They may be able to help.
     
  3. Panina

    Panina TUG Review Crew: Expert TUG Member

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    Wonder how they will foreclose on the property if cloud is on title. Talk to a real estate lawyer, there has to be a way to fix.
     
  4. jacknsara

    jacknsara TUG Member

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    breezez and klpca like this.
  5. tfalk

    tfalk Guest

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    I probably should have clarified... the advice to let it go into foreclosure came from
    a real estate attorney in Kona who specializes in hawaii title issues... :(
     
  6. tfalk

    tfalk Guest

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    Thought I would post an update.... Sometimes, the light at the end of the tunnel isn't always New York :p

    Out of the blue, got an email reply from the company that essentially bought the assets of HET years ago
    Saying they would look into it. A week or so later, they sent me a copy of a filing with the Hawaii
    Bureau of Conveyences correcting the problem! We contacted Wyndham and they are proceeding
    with ovation for that week. Hope it's all wrapped up by the end of the year so we can avoid
    all the maintenance fees for next year. 2 gone, hopefully DONE with Wyndham soon!
     
    BJRSanDiego and slip like this.

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