TUG MEMBERS: Joining TUG does not automatically register you as a user of the TUG Bulletin Board. You must register yourself.


*ads are disabled when logged in as a member*
  1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.
  2. The TUGBBS forums are completely free and open to the public and exist as the absolute best place for owners to get help and advice about their timeshares for more than 25 years!

    Join tens of thousands of other owners just like you here to get any and all Timeshare questions answered!
    Dismiss Notice
  3. TUG has now saved timeshare owners more than $12,000,000 dollars just by finding us in time to rescind a new Timeshare purchase! A truly incredible milestone!

    Read more here: TUG saves owners more than $12Million dollars
    Dismiss Notice
  4. Sign up to get the TUG Newsletter for free! Join tens of thousands of other owners who get this every week! Latest resort reviews and the most important topics discussed by owners during the week!
    Dismiss Notice
  5. TUG is trying out a new program that will trade you a TUG membership for a Timeshare resort review if you are an expired member, or even just a guest here on the forums!

    Read more here
    Dismiss Notice
  6. Our official "end my sales presentation early" T-shirts are available again! Also come with the option for a free membership extension with purchase to offset the cost!

    Read more Here
    Dismiss Notice
  7. Follow the TUG Member Banner as it travels the world on vacation with Timeshare owners! Also sign up to get the banner sent to you so you can submit a photo of your vacation with the banner to share with TUG! Banner Thread
    Dismiss Notice
  8. TUG has now joined Priceline.com as an affiliate!

    Members and guests who book air travel, rental cars and even Cruise Vacations thru TUG's priceline links will now support TUG in the process!

    Read more here
  9. A few of the most common links here on the forums for newbies and guests!
    Dismiss Notice

Warranty Deed Notarized 1.4 Yrs Ago

Discussion in 'Buying, Selling & Renting Timeshares' started by Grammarhero, Aug 17, 2019.

  1. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

    Joined:
    Jun 9, 2019
    Messages:
    1,063
    Likes Received:
    491
    Trophy Points:
    133
    Location:
    Washington, DC Area
    Resorts Owned:
    Wyndham, EY 434k pts
    Williamsburg Plant, EY 4L/4
    DRI South Bend, EY 1/1

    Been to:
    Intl: Aruba, Aus, Bah, China, Jpn, HK, Macau, Mex
    US: AZ, CA, DC, DE, IL, IN, KY, MD, NC, NJ, NV, NY, OH, OR, PA, SC, TN, TX, VA, WA, WV
    It looks like the notary was above board. Greatway filled in a lot of information, but left blanks on the first page eventually filled with my info. I don’t blame the notary. The notary probably didn’t know. What I meant was that words that were notarized were filled in or altered after said notarization.
     
  2. dioxide45

    dioxide45 TUG Review Crew: Veteran TUG Member

    Joined:
    May 20, 2006
    Messages:
    27,782
    Likes Received:
    2,624
    Trophy Points:
    699
    Location:
    NE Florida
    Resorts Owned:
    Marriott's Grande Vista
    Marriott's Harbour Lake
    SVV - Bella
    SVV - Key West
    Isn't the notary only notarizing the seller's signature anyway? They don't necessarily do any validation to the document itself?
     
    klpca and Grammarhero like this.
  3. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

    Joined:
    Jun 9, 2019
    Messages:
    1,063
    Likes Received:
    491
    Trophy Points:
    133
    Location:
    Washington, DC Area
    Resorts Owned:
    Wyndham, EY 434k pts
    Williamsburg Plant, EY 4L/4
    DRI South Bend, EY 1/1

    Been to:
    Intl: Aruba, Aus, Bah, China, Jpn, HK, Macau, Mex
    US: AZ, CA, DC, DE, IL, IN, KY, MD, NC, NJ, NV, NY, OH, OR, PA, SC, TN, TX, VA, WA, WV
    Correct. That’s why I don’t blame the notary himself/herself. At this point, although I believe the notarized first page had blanks for the buyer, I don’t even know that for sure. I have no idea what was originally notarized.
     
  4. dgalati

    dgalati TUG Member

    Joined:
    Jul 16, 2015
    Messages:
    1,044
    Likes Received:
    350
    Trophy Points:
    143
    Location:
    Chardon, Ohio
    Resorts Owned:
    Grand Desert
    National Harbor
    Deed will more then likely be rejected by Wyndham. I had one about 6 months ago with dates of notary stamping and my signing differing 3/09 vs 3/19. It was rejected and had to be corrected with new deed being recorded.
     
    Grammarhero likes this.
  5. goaliedave

    goaliedave Guest

    Joined:
    Jan 5, 2019
    Messages:
    117
    Likes Received:
    57
    Trophy Points:
    28
    Resorts Owned:
    vistana, diamond, shell, palace resorts
    fishy. both seller and buyer need their own notarization unless (unlikrly) they are physically together signing.

    Sent from my SM-J327W using Tapatalk
     
    Grammarhero likes this.
  6. dioxide45

    dioxide45 TUG Review Crew: Veteran TUG Member

    Joined:
    May 20, 2006
    Messages:
    27,782
    Likes Received:
    2,624
    Trophy Points:
    699
    Location:
    NE Florida
    Resorts Owned:
    Marriott's Grande Vista
    Marriott's Harbour Lake
    SVV - Bella
    SVV - Key West
    The buyer doesn't sign the deed. So no signature to notarize.
     
    dgalati, goaliedave and Grammarhero like this.
  7. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

    Joined:
    Jun 9, 2019
    Messages:
    1,063
    Likes Received:
    491
    Trophy Points:
    133
    Location:
    Washington, DC Area
    Resorts Owned:
    Wyndham, EY 434k pts
    Williamsburg Plant, EY 4L/4
    DRI South Bend, EY 1/1

    Been to:
    Intl: Aruba, Aus, Bah, China, Jpn, HK, Macau, Mex
    US: AZ, CA, DC, DE, IL, IN, KY, MD, NC, NJ, NV, NY, OH, OR, PA, SC, TN, TX, VA, WA, WV
    Dominic, which company backdated your Ts transfer by ten years?
     
  8. goaliedave

    goaliedave Guest

    Joined:
    Jan 5, 2019
    Messages:
    117
    Likes Received:
    57
    Trophy Points:
    28
    Resorts Owned:
    vistana, diamond, shell, palace resorts
    shoot sorry thought it was the transfer agreement. so then I agree with above, if ts company accepts it and MF are current, no harm done as OP didn't make the mistake it was the lawyer who registered the deed.

    Sent from my SM-J327W using Tapatalk
     
    Grammarhero likes this.
  9. Braindead

    Braindead TUG Member

    Joined:
    May 23, 2016
    Messages:
    2,115
    Likes Received:
    936
    Trophy Points:
    173
    A notary is notarizing your signature verifying you are who you say you are.
    If a document needs notarized signatures from different individuals the first notary has no idea how long before the next party signs in front of a notary.

    I see no fault on a notaries part if the next party waits 1 day or 10 years to sign in front of a notary. Ounce they notarize your signature they’re done
     
    Grammarhero and scootr5 like this.
  10. scootr5

    scootr5 TUG Review Crew: Veteran TUG Member

    Joined:
    Jul 16, 2011
    Messages:
    2,961
    Likes Received:
    282
    Trophy Points:
    219
    Location:
    Montgomery, IL
    Resorts Owned:
    Quarter House, Wyndham Avenue Plaza - Mardis Gras week, Wyndham points
    Exactly, and most locations do not even require the buyer to sign the deed. I think I’ve seen that only one time.
     
    Grammarhero and Braindead like this.
  11. BM243923

    BM243923 TUG Member

    Joined:
    Jun 12, 2006
    Messages:
    371
    Likes Received:
    7
    Trophy Points:
    229
    Location:
    Newmarket, Ontario
    I purchased a timeshare last year from one of the post card companies.

    The same situation happened to me. The deed was dated 1 year earlier. Since they were responsible for paying the current year fees I was concerned I would be responsible for paying them. They paid the fees and I get free usage of the week this year. I will be going in October just to use the week.

    It all worked out fine and I have just exchanged the unit for another unit through the resort and everything is fine.

    I paid $50.00 on ebay for a fall week 1 bedroom unit and upgraded for $500.00 through the resort for a winter week 2 bedroom lock out unit. I now own three consecutive weeks. I think I did well.
     
    Last edited: Aug 18, 2019
    Grammarhero likes this.
  12. Eric B

    Eric B TUG Member

    Joined:
    Jun 10, 2017
    Messages:
    1,337
    Likes Received:
    719
    Trophy Points:
    174
    Resorts Owned:
    Massanutten, Wyndham Bali Hai, Vidanta Estates, Buganvilias Sky Suites
    If it were me, I would be looking at whether there is anything necessary or appropriate to cure the perceived defect in the transaction. @Grammarhero didn't do anything like the ethics cases that were cited; instead it may have been that the agent for the seller had a deed that has a defect transferring the timeshare to them that needs to be fixed because it was executed prior to identifying the buyer. I don't think there is anything to worry about ethically.

    Not sure why Wyndham would care. They own one of the exchange companies that provides services to the property in question, which is a Vacation Village (VV) resort. I've never heard of an exchange company having anything to do with transfer of ownership. In any case, I believe that Williamsburg Plantation is one of those resorts that has ROFR; I know that Colonies at Williamsburg, which is managed by the same part of VV is. They already had a bite at the apple for objecting to the transfer if that's the case, and they must not have, unless the transfer agent skipped that step.

    IMHO, @Grammarhero might have a means to unwind the transaction, but I would look at it as an excuse to do so rather than a reason if it were me. I'm a licensed attorney as well, and therefore bound by ethical rules, too. I would think that backing out of a bona fide transaction without giving the seller an opportunity to cure the perceived defect would be another ethical concern that isn't all that clear cut as to whether it's the right thing to do. If there is a defect with the deed for a timeshare I bought, I would think that seeking to have the defect fixed by the seller is the right thing to do rather than starting a quiet title action. I would be surprised to learn that there have been any quiet title actions filed for timeshare deeds filed with no objection from any of the parties involved (including the resort management) in circumstances like this.
     
    Grammarhero likes this.
  13. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

    Joined:
    Jun 9, 2019
    Messages:
    1,063
    Likes Received:
    491
    Trophy Points:
    133
    Location:
    Washington, DC Area
    Resorts Owned:
    Wyndham, EY 434k pts
    Williamsburg Plant, EY 4L/4
    DRI South Bend, EY 1/1

    Been to:
    Intl: Aruba, Aus, Bah, China, Jpn, HK, Macau, Mex
    US: AZ, CA, DC, DE, IL, IN, KY, MD, NC, NJ, NV, NY, OH, OR, PA, SC, TN, TX, VA, WA, WV
    Thanks for chiming in. Appreciate your input.
     
    Last edited: Aug 18, 2019
  14. TheTimeTraveler

    TheTimeTraveler TUG Member

    Joined:
    Jan 23, 2008
    Messages:
    2,726
    Likes Received:
    401
    Trophy Points:
    318
    Location:
    Massachusetts



    Nothing surprises me anymore... I remember 10 years ago that some of the leading Banks in the USA hired folks to sit all day long and sign (forge) documents during the financial meltdown (mortgage crisis).





    .
     
    Grammarhero likes this.
  15. TheTimeTraveler

    TheTimeTraveler TUG Member

    Joined:
    Jan 23, 2008
    Messages:
    2,726
    Likes Received:
    401
    Trophy Points:
    318
    Location:
    Massachusetts
    Grammarhero: Jeff Brown runs a tight ship. Be sure he is made aware of all of this. My money is on that he will take whatever steps needed in order to make this right.

    If he doesn't fix this then his reputation is at stake!






    .
     
    Grammarhero likes this.
  16. dioxide45

    dioxide45 TUG Review Crew: Veteran TUG Member

    Joined:
    May 20, 2006
    Messages:
    27,782
    Likes Received:
    2,624
    Trophy Points:
    699
    Location:
    NE Florida
    Resorts Owned:
    Marriott's Grande Vista
    Marriott's Harbour Lake
    SVV - Bella
    SVV - Key West
    The problem may be that this could be standard business practice. It happens a lot with PCC and trade in companies.
     
    Grammarhero likes this.
  17. dgalati

    dgalati TUG Member

    Joined:
    Jul 16, 2015
    Messages:
    1,044
    Likes Received:
    350
    Trophy Points:
    143
    Location:
    Chardon, Ohio
    Resorts Owned:
    Grand Desert
    National Harbor
    Only 10 days it was a honest mistake.
     
    Grammarhero likes this.
  18. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

    Joined:
    Jun 9, 2019
    Messages:
    1,063
    Likes Received:
    491
    Trophy Points:
    133
    Location:
    Washington, DC Area
    Resorts Owned:
    Wyndham, EY 434k pts
    Williamsburg Plant, EY 4L/4
    DRI South Bend, EY 1/1

    Been to:
    Intl: Aruba, Aus, Bah, China, Jpn, HK, Macau, Mex
    US: AZ, CA, DC, DE, IL, IN, KY, MD, NC, NJ, NV, NY, OH, OR, PA, SC, TN, TX, VA, WA, WV
    In my case, it was 1.4 years.
     
  19. Gypsy65

    Gypsy65 TUG Member

    Joined:
    May 11, 2019
    Messages:
    333
    Likes Received:
    250
    Trophy Points:
    113
    Resorts Owned:
    HIVC
    Even if this is common practice in his business, most people wouldn’t have a job to worry about
    But in this case, I think he’d make the exception and make things all legit
     
    Grammarhero likes this.
  20. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

    Joined:
    Jun 9, 2019
    Messages:
    1,063
    Likes Received:
    491
    Trophy Points:
    133
    Location:
    Washington, DC Area
    Resorts Owned:
    Wyndham, EY 434k pts
    Williamsburg Plant, EY 4L/4
    DRI South Bend, EY 1/1

    Been to:
    Intl: Aruba, Aus, Bah, China, Jpn, HK, Macau, Mex
    US: AZ, CA, DC, DE, IL, IN, KY, MD, NC, NJ, NV, NY, OH, OR, PA, SC, TN, TX, VA, WA, WV
    @Eric B @sjsharkie @Passepartout
    I copied you for information helping our or our spouse’s kind.

    I called the bar ethics hotline and Sumday. Sumday will try to get a letter from the sellers acknowledging that they signed the notarized deed on March 2018, that the deed was recorded on August 2019, and going to me only. Signing and notarizing a Warranty Deed, selling years later, and then filling in buyer’s information appear to be standard practice.

    The bar ethics hotline thinks that the situation is able to be investigated, which would be annoying and stressful. However, any situation can be investigated. It just depends on whether there would be ethics charges or how zealous bar ethics counsel is.

    The result would be that since I insisted on contemporaneous notarization, I would be cleared, or a public reprimand at worst.

    Suspensions come when lawyers are involved in signing and notarizing Warranty deeds and did not insist on recent notarization. The punishment for such a lawyer ranges from a public reprimand to one month suspension.

    Another case is when a seller sold a timeshare twice, but backdated for later, lawyer buyer who did not insist on recent notarization.

    I’m glad that this is over. Yes, I over-reacted and needlessly over-stressed over this. In the future, I am going to stick with TUG TS Bargain Deals, Marketplace, Wyndham, and Lt transfers.
     
    Last edited: Aug 21, 2019
  21. Eric B

    Eric B TUG Member

    Joined:
    Jun 10, 2017
    Messages:
    1,337
    Likes Received:
    719
    Trophy Points:
    174
    Resorts Owned:
    Massanutten, Wyndham Bali Hai, Vidanta Estates, Buganvilias Sky Suites
    Thanks for updating all!
     
    Grammarhero likes this.
  22. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

    Joined:
    Jun 9, 2019
    Messages:
    1,063
    Likes Received:
    491
    Trophy Points:
    133
    Location:
    Washington, DC Area
    Resorts Owned:
    Wyndham, EY 434k pts
    Williamsburg Plant, EY 4L/4
    DRI South Bend, EY 1/1

    Been to:
    Intl: Aruba, Aus, Bah, China, Jpn, HK, Macau, Mex
    US: AZ, CA, DC, DE, IL, IN, KY, MD, NC, NJ, NV, NY, OH, OR, PA, SC, TN, TX, VA, WA, WV
    For the record, I think Sumday is great for 99 percent of people or TS owners. It’s just not for me or many attorneys, though I appreciate the cheap TS.
     
    Last edited: Aug 21, 2019
    Gypsy65 likes this.
  23. Gypsy65

    Gypsy65 TUG Member

    Joined:
    May 11, 2019
    Messages:
    333
    Likes Received:
    250
    Trophy Points:
    113
    Resorts Owned:
    HIVC
    Now
    Go make yourself a stout gin and tonic with two limes!!
     
    Grammarhero likes this.
  24. dioxide45

    dioxide45 TUG Review Crew: Veteran TUG Member

    Joined:
    May 20, 2006
    Messages:
    27,782
    Likes Received:
    2,624
    Trophy Points:
    699
    Location:
    NE Florida
    Resorts Owned:
    Marriott's Grande Vista
    Marriott's Harbour Lake
    SVV - Bella
    SVV - Key West
    I think a private transfer is probably the best, or working through a reputable broker who works directly with sellers. The Ebay guys and people who handle trade ins and PCC outfits skirt on the outer boundaries of the law and perhaps wouldn't be the best to work with in your situation.
     
    Grammarhero likes this.
  25. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

    Joined:
    Jun 9, 2019
    Messages:
    1,063
    Likes Received:
    491
    Trophy Points:
    133
    Location:
    Washington, DC Area
    Resorts Owned:
    Wyndham, EY 434k pts
    Williamsburg Plant, EY 4L/4
    DRI South Bend, EY 1/1

    Been to:
    Intl: Aruba, Aus, Bah, China, Jpn, HK, Macau, Mex
    US: AZ, CA, DC, DE, IL, IN, KY, MD, NC, NJ, NV, NY, OH, OR, PA, SC, TN, TX, VA, WA, WV
    Thanks. I think you had it right all along. I appreciated your insight.

    I’m a young, millennial attorney. If I was a middle-aged Attorney with substantial savings or older attorney close to retirement, I’d care less. I have to pay for my six (6) timeshares for 25 plus years somehow. =D
     
    Last edited: Aug 21, 2019
    Gypsy65 likes this.

Share This Page