[2008] Southcape Resort

ecwinch · Oct 27, 2009

Does NEVS control enough summer inventory to allow Frank to occupy unit 32 and 33? Or will they vacate those units during peak season?

Sou13 · Oct 27, 2009

Sou13 said:
I received a report from owners who took the bait (a Visa gift card) and met with Frank in "Owner Services" for 2 1/2 hours recently. Here are some interesting "updates" they received:

First, there is a new parking pass system. You receive a pass for your dashboard window for your numbered parking spot. The second car in your party receives a pass for a guest spot. If you have more than two cars, you receive a pass to park in the parking lot upfront. The parking passes are given out by Frank Rose, who is the new Owner Services Department. He was hired 7 months ago and lives at Unit 33, with his office at Unit 32. According to Frank, the parking pass system was implemented because of complaints from owners of their parking spaces being taken. It also enables Southcape to know which cars belong on the property.

In addition to giving you your parking passes upon check-in, he also sets up a meeting with you to tell you what has been done at the resort with your maintenance fees and assessment fees. Here's what these owners were told:

NEVS owns 500 weeks that are not sold.
450 owners have defaulted and NEVS has begun putting liens on their property.

There will be no assessment fee in 2010. However, they (these owners) did not ask whether there will be an increase in maintenance fees for 2010.

Owner Advisory Council will not be meeting until the first of the year. This means we will not get a look at the 2010 budget or have any input before it goes before the Board of Trustees.

According to Frank, Cliff is a "junior partner" in NEVS. There are three other partners. One of them worked for the government as head of the department that deals with condo regulations.

Frank also said that Barnstable County inspectors gave them extended time on the septic because they saw how much work NEVS had to do to the units (i.e. roofing, shingles, trim, rotted wood). The inspectors were impressed that they were getting the work done and rewarded them with an extension on getting the septic done right away. No mention on where the assessment money we paid this year for the septic went.

The cost to switch over to points will be going up in November. Frank strongly encourages week owners to switch to points because it is to their advantage since there is no deed involved. He gave an example of parents dying and kids being left with their deeded week and having to pay maintenance fess on them. With points, if you don't keep up on fees, they revert back to NEVS and you owe nothing. He also said points are the way of the future!

He did acknowledge firings at Sandcastle. The manager and the maintenance person "because he was always sleeping."

He also mentioned about the 35 timeshare owners at Southcape and Sandcastle who are "stirring things up." He claims the AG threw out the complaint from Sandcastle. He also questioned who was going to pay for legal fees for an attorney to take the case.

Frank said they are trying to explain to as many owners as they can about the point system because Outfield Marketing might not have gotten to visit them at their home or they misunderstood it.

I'm wondering why we had to ante up $90,000 or be locked out of our units for septic repairs that don't have to be done right away.

Sou13 · Oct 27, 2009

Mortgage update

Bk-Pg:23138-185 Recorded: 09-04-2008 @ 3:44:18pm Inst #: 46645 Chg: Y Vfy: N Sec: N

Pages in document: 82
Grp: 1
Type: Mortgage Doc$: 2,500,000.00
Desc: SEE INSTRUMENT

Town: MASHPEE Addr: 950 FALMOUTH RD
Town: PROVINCETOWN Addr: ROUTE 6A
Gtor: NEW ENGLAND VACATION SERVICES LLC (Gtor)
Gtee: COLEBROOK FINANCIAL COMPANY LLC (Gtee)

Ref By: 03-18-2009 Partial Discharge In book: 23537-176
Ref By: 03-18-2009 Partial Discharge In book: 23537-181
Ref By: 09-15-2009 Partial Discharge In book: 24034-114
Ref By: 09-15-2009 Partial Discharge In book: 24034-118
Ref By: 09-15-2009 Partial Discharge In book: 24034-122
Ref By: 09-15-2009 Partial Discharge In book: 24034-126
Ref By: 09-15-2009 Partial Discharge In book: 24034-130
Ref By: 09-15-2009 Partial Discharge In book: 24034-134
Ref By: 09-15-2009 Partial Discharge In book: 24034-138
Ref By: 09-15-2009 Partial Discharge In book: 24034-142
Ref By: 09-15-2009 Partial Discharge In book: 24034-146
Ref By: 09-15-2009 Partial Discharge In book: 24034-150
Ref By: 10-16-2009 Partial Discharge In book: 24100-69
Ref By: 10-16-2009 Partial Discharge In book: 24100-71
Ref By: 10-16-2009 Partial Discharge In book: 24100-73
Ref By: 10-16-2009 Partial Discharge In book: 24100-75
Ref By: 10-16-2009 Partial Discharge In book: 24100-77
Ref By: 10-16-2009 Partial Discharge In book: 24100-79
Ref By: 10-16-2009 Partial Discharge In book: 24100-81
Ref By: 10-16-2009 Partial Discharge In book: 24100-83
Ref By: 10-16-2009 Partial Discharge In book: 24100-85

Return addr: DUNNING KIRRANE MCNICHOLS & GARNER LLP
REGISTRY BOX # 9
P. O. BOX 560
MASHPEE, MA 02649

Recording Fee: 150.00 State excise: .00 Surcharge: 25.00

NEW ENGLAND VACATION SERVICES LLC (Gtee)
COLEBROOK FINANCIAL CO UNIT 504 TIME 9
Partial Discharge Provincetown
09-15-2009 24034-114
NEW ENGLAND VACATION SERVICES LLC (Gtor)
INTERCITY ESCROW SERVI UNIT 504 TIME 9
Time Sharing Deed Provincetown
09-15-2009 24034-116
NEW ENGLAND VACATION SERVICES LLC (Gtee)
COLEBROOK FINANCIAL CO UNIT 510 TIME 9
Partial Discharge Provincetown
09-15-2009 24034-118
NEW ENGLAND VACATION SERVICES LLC (Gtor)
INTERCITY ESCROW SERVI UNIT 510 TIME 9
Time Sharing Deed Provincetown
09-15-2009 24034-120
NEW ENGLAND VACATION SERVICES LLC (Gtee)
COLEBROOK FINANCIAL CO UNIT 408 TIME 9
Partial Discharge Provincetown
09-15-2009 24034-122
NEW ENGLAND VACATION SERVICES LLC (Gtor)
INTERCITY ESCROW SERVI UNIT 408 TIME 9
Time Sharing Deed Provincetown
09-15-2009 24034-124
NEW ENGLAND VACATION SERVICES LLC (Gtee)
COLEBROOK FINANCIAL CO UNIT 601 TIME 9
Partial Discharge Provincetown
09-15-2009 24034-126
NEW ENGLAND VACATION SERVICES LLC (Gtor)
INTERCITY ESCROW SERVI UNIT 601 TIME 9
Time Sharing Deed Provincetown
09-15-2009 24034-128
NEW ENGLAND VACATION SERVICES LLC (Gtee)
COLEBROOK FINANCIAL CO UNIT 501 TIME 9
Partial Discharge Provincetown
09-15-2009 24034-130
NEW ENGLAND VACATION SERVICES LLC (Gtor)
INTERCITY ESCROW SERVI UNIT 501 TIME 9
Time Sharing Deed Provincetown
09-15-2009 24034-132
NEW ENGLAND VACATION SERVICES LLC (Gtee)
COLEBROOK FINANCIAL CO UNIT 605 TIME 9
Partial Discharge Provincetown
09-15-2009 24034-134
NEW ENGLAND VACATION SERVICES LLC (Gtor)
INTERCITY ESCROW SERVI UNIT 605 TIME 9
Time Sharing Deed Provincetown
09-15-2009 24034-136
NEW ENGLAND VACATION SERVICES LLC (Gtee)
COLEBROOK FINANCIAL CO UNIT 606 TIME 9
Partial Discharge Provincetown
09-15-2009 24034-138
NEW ENGLAND VACATION SERVICES LLC (Gtor)
INTERCITY ESCROW SERVI UNIT 606 TIME 9
Time Sharing Deed Provincetown
09-15-2009 24034-140
NEW ENGLAND VACATION SERVICES LLC (Gtee)
COLEBROOK FINANCIAL CO UNIT 503 TIME 9
Partial Discharge Provincetown
09-15-2009 24034-142
NEW ENGLAND VACATION SERVICES LLC (Gtor)
INTERCITY ESCROW SERVI UNIT 503 TIME 9
Time Sharing Deed Provincetown
09-15-2009 24034-144
NEW ENGLAND VACATION SERVICES LLC (Gtee)
COLEBROOK FINANCIAL CO UNIT 32 TIME 1
Partial Discharge Mashpee
09-15-2009 24034-146
NEW ENGLAND VACATION SERVICES LLC (Gtor)
INTERCITY ESCROW SERVI UNIT 32 TIME 1
Time Sharing Deed Mashpee
09-15-2009 24034-148
NEW ENGLAND VACATION SERVICES LLC (Gtee)
COLEBROOK FINANCIAL CO UNIT 37 TIME 24
Partial Discharge Mashpee
09-15-2009 24034-150
NEW ENGLAND VACATION SERVICES LLC (Gtor)
INTERCITY ESCROW SERVI UNIT 37 TIME 24
Time Sharing Deed Mashpee
09-15-2009 24034-152
NEW ENGLAND VACATION SERVICES LLC (Gtee)
COLEBROOK FINANCIAL CO UNIT 10 TIME 50
Partial Discharge Mashpee
10-16-2009 24100-69
NEW ENGLAND VACATION SERVICES LLC (Gtee)
COLEBROOK FINANCIAL CO UNIT 47 TIME 11
Partial Discharge Mashpee
10-16-2009 24100-71
NEW ENGLAND VACATION SERVICES LLC (Gtee)
COLEBROOK FINANCIAL CO UNIT 406 TIME 10
Partial Discharge Provincetown
10-16-2009 24100-73
NEW ENGLAND VACATION SERVICES LLC (Gtee)
COLEBROOK FINANCIAL CO UNIT 409 TIME 9
Partial Discharge Provincetown
10-16-2009 24100-75
NEW ENGLAND VACATION SERVICES LLC (Gtee)
COLEBROOK FINANCIAL CO UNIT 17 TIME 53
Partial Discharge Mashpee
10-16-2009 24100-77
NEW ENGLAND VACATION SERVICES LLC (Gtee)
COLEBROOK FINANCIAL CO UNIT 414 TIME 10
Partial Discharge Provincetown
10-16-2009 24100-79
NEW ENGLAND VACATION SERVICES LLC (Gtee)
COLEBROOK FINANCIAL CO UNIT 403 TIME 9
Partial Discharge Provincetown
10-16-2009 24100-81
NEW ENGLAND VACATION SERVICES LLC (Gtee)
COLEBROOK FINANCIAL CO UNIT 503 TIME 10
Partial Discharge Provincetown
10-16-2009 24100-83
NEW ENGLAND VACATION SERVICES LLC (Gtee)
COLEBROOK FINANCIAL CO UNIT 407 TIME 10
Partial Discharge Provincetown
10-16-2009 24100-85
NEW ENGLAND VACATION SERVICES LLC (Gtor)
INTERCITY ESCR (AS TR) UNIT 10 TIME 50
Time Sharing Deed Mashpee
10-16-2009 24100-87
NEW ENGLAND VACATION SERVICES LLC (Gtor)
INTERCITY ESCR (AS TR) UNIT 47 TIME 11
Time Sharing Deed Mashpee
10-16-2009 24100-89
NEW ENGLAND VACATION SERVICES LLC (Gtor)
INTERCITY ESCR (AS TR) UNIT 409 TIME 9
Time Sharing Deed Provincetown
10-16-2009 24100-91
NEW ENGLAND VACATION SERVICES LLC (Gtor)
INTERCITY ESCR (AS TR) UNIT 406 TIME 10
Time Sharing Deed Provincetown
10-16-2009 24100-93
NEW ENGLAND VACATION SERVICES LLC (Gtor)
INTERCITY ESCR (AS TR) UNIT 17 TIME 53
Time Sharing Deed Mashpee
10-16-2009 24100-95
NEW ENGLAND VACATION SERVICES LLC (Gtor)
INTERCITY ESCR (AS TR) UNIT 414 TIME 10
Time Sharing Deed Provincetown
10-16-2009 24100-97
NEW ENGLAND VACATION SERVICES LLC (Gtor)
INTERCITY ESCR (AS TR) UNIT 403 TIME 9
Time Sharing Deed Provincetown
10-16-2009 24100-99
NEW ENGLAND VACATION SERVICES LLC (Gtor)
INTERCITY ESCR (AS TR) UNIT 503 TIME 10
Time Sharing Deed Provincetown
10-16-2009 24100-101
NEW ENGLAND VACATION SERVICES LLC (Gtor)
INTERCITY ESCR (AS TR) UNIT 407 TIME 10
Time Sharing Deed Provincetown
10-16-2009 24100-103

Sou13 · Oct 28, 2009

It appears to me that the above weeks that have been deeded to Festiva are delinquent in MFs and SAs for 2009. That comes to more than $20,000.

NEVMSLLC · Oct 28, 2009

Sou13 said:
It appears to me that the above weeks that have been deeded to Festiva are delinquent in MFs and SAs for 2009. That comes to more than $20,000.

Once again, that's simply not true

Fig · Oct 28, 2009

Sou13 said:
It appears to me that the above weeks that have been deeded to Festiva are delinquent in MFs and SAs for 2009. That comes to more than $20,000.

Just wondering out loud here. The default rate on points must be pretty high....afterall, you don't even have a deed or a confirmed week and resorts are chasing down deeded week owners for non-payment, if they can find them...and even if they find them they don't always get payment. If the owner fails to pay Festiva is Festiva still bound to pay Southcape? Does Festiva get to give back weeks for non-payment to the property or do they have to pay forever?

Classylassy523 · Oct 28, 2009

They sell to others

Fig said:
Just wondering out loud here. The default rate on points must be pretty high....afterall, you don't even have a deed or a confirmed week and resorts are chasing down deeded week owners for non-payment, if they can find them...and even if they find them they don't always get payment. If the owner fails to pay Festiva is Festiva still bound to pay Southcape? Does Festiva get to give back weeks for non-payment to the property or do they have to pay forever?

What happens is that Festiva will attempt to sell points to other people. Terry, the trainee, when asked about availability of weeks and said they don't sell weeks, they sell points, provided a price of $12,000.00 to purchase enough points for one week in the fall and maybe a weekend some other time (if the person was able to get reservations) at the Sandcastle. Don't know what that amount of money would buy at other resorts. And that was for 30 years with the person paying maintenance fees or membership fees annually. I guess they wouldn't be paying maintenance fees because they wouldn't be associated with a particular resort, so the term 'membership fees' would suffice. It seemed to me to be a very grey area, lots of smoke and mirrors.
Festiva or the trust fund is the deeded owner so they would be required to pay the MFs and SAs, but whether they do or not is another grey area ... no available information is forthcoming from management. Well, we are told they do, but have no ability to see it in black and white within the accounting program.

e.bram · Oct 28, 2009

you have to sue and find out during the discovery phase.

Fig · Oct 29, 2009

Classylassy523 said:
Terry, the trainee, when asked about availability of weeks and said they don't sell weeks, they sell points, provided a price of $12,000.00 to purchase enough points for one week in the fall and maybe a weekend some other time (if the person was able to get reservations) at the Sandcastle.

Gotta love how they inflate the value of what they are trying to sell. Someone might want to bring their laptop to one of these little meetings show Terry what the real value of a week at Sandcastle is currently selling for...and that is deeded. Points...I don't even think they can get a buck for them.

Sou13 · Oct 30, 2009

What's "simply" not true?

NEVMSLLC said:
Once again, that's simply not true

Here's what's not true, but it's NOT "simply":

It's true that NEVMS did not pay MFs or SAs for any of these weeks. What's not true is that Festiva owes MFs and SAs for 2009 for all 21 of these weeks. The reason for this is that only two of these weeks can still be used by the FAC in 2009.

One interesting note about the Southcape weeks is that one of them is for the unit currently occupied by Outfield Marketing:

COLEBROOK FINANCIAL CO UNIT 32 TIME 1
Partial Discharge Mashpee
09-15-2009 24034-146
NEW ENGLAND VACATION SERVICES LLC (Gtor)
INTERCITY ESCROW SERVI UNIT 32 TIME 1
Time Sharing Deed Mashpee
09-15-2009 24034-148

This is a maintenance week.

Since Outfield Marketing has had exclusive use of units 32 and 33 since at least November 2008, and since rentals for NEVS are supposed to be assigned to the Community Association, NEVS should have been paying seasonal weekly rental rates for both of these units. I use the word should because NEVS claims to have "developer rights" which seem to appear to NEVS to mean that the "develper" has the right to use certain units or space for "sales"!

Here's another whopping outrageous statistic:

To date more than 700 Southcape and Sandcastle weeks have been converted to the FAC. At approximately $3000 per week, that means that Outfield Marketing has raked in more than $2.1 million in "conversion" fees. Of that, 1/2 has gone to Outfield Marketing, which means that by this time the $1.2 million for the two resorts has been nearly if not entirely recouped.

I know NEVMSLLC will probably claim that this, too, is not true, or be too busy strumming his guitar. (Have you listened to those guys? They sound like a buncha drunks!)

NEVMSLLC · Oct 30, 2009

Hey Sou13

I've gotten used to your lies, misstatements and untruths about NEVS, Festiva and the like but when you call a fine band like mine a bunch of drunks . . .

Now we're getting personal! :0

Carolinian · Oct 31, 2009

Sounds like owners need to file a corporate derivative suit against NEVS to recover this rental income for those two units. This is just piracy.

Sou13 said:
Here's what's not true, but it's NOT "simply":

It's true that NEVMS did not pay MFs or SAs for any of these weeks. What's not true is that Festiva owes MFs and SAs for 2009 for all 21 of these weeks. The reason for this is that only two of these weeks can still be used by the FAC in 2009.

One interesting note about the Southcape weeks is that one of them is for the unit currently occupied by Outfield Marketing:

COLEBROOK FINANCIAL CO UNIT 32 TIME 1
Partial Discharge Mashpee
09-15-2009 24034-146
NEW ENGLAND VACATION SERVICES LLC (Gtor)
INTERCITY ESCROW SERVI UNIT 32 TIME 1
Time Sharing Deed Mashpee
09-15-2009 24034-148

This is a maintenance week.

Since Outfield Marketing has had exclusive use of units 32 and 33 since at least November 2008, and since rentals for NEVS are supposed to be assigned to the Community Association, NEVS should have been paying seasonal weekly rental rates for both of these units. I use the word should because NEVS claims to have "developer rights" which seem to appear to NEVS to mean that the "develper" has the right to use certain units or space for "sales"!

Here's another whopping outrageous statistic:

To date more than 700 Southcape and Sandcastle weeks have been converted to the FAC. At approximately $3000 per week, that means that Outfield Marketing has raked in more than $2.1 million in "conversion" fees. Of that, 1/2 has gone to Outfield Marketing, which means that by this time the $1.2 million for the two resorts has been nearly if not entirely recouped.

I know NEVMSLLC will probably claim that this, too, is not true, or be too busy strumming his guitar. (Have you listened to those guys? They sound like a buncha drunks!)

NEVMSLLC · Oct 31, 2009

It's not piracy, Carolinian, it's just ignorance of the facts and a perfect example of how far out the wild speculations, rumors and half truths can get. If it weren't for the fact that some owners might actually believe some of the stuff that's posted on here it would be laughable.

NEVS owns ALL of the weeks in units 32 and 33!! No weeks were ever sold in either of the units. That's the fact.

Classylassy523 · Oct 31, 2009

Excuse me, did I understand you correctly?

NEVMSLLC said:
It's not piracy, Carolinian, it's just ignorance of the facts and a perfect example of how far out the wild speculations, rumors and half truths can get. If it weren't for the fact that some owners might actually believe some of the stuff that's posted on here it would be laughable.

NEVS owns ALL of the weeks in units 32 and 33!! No weeks were ever sold in either of the units. That's the fact.

Cliff,

Am I understanding your statement (in red) that no weeks of 32 or 33 have been sold? None? No even a single one?

Can you clarify what this is, then?

NEW ENGLAND VACATION SERVICES LLC (Gtee)
COLEBROOK FINANCIAL CO UNIT 32 TIME 1
Partial Discharge Mashpee
09-15-2009 24034-146
NEW ENGLAND VACATION SERVICES LLC (Gtor)
INTERCITY ESCROW SERVI UNIT 32 TIME 1
Time Sharing Deed Mashpee
09-15-2009 24034-148

Does the Registry have the listing incorrect? Is the week incorrect? Is this some other location? Does NEVS own other property that the owners at Southcape and Sandcastle don't know about?

You were so forceful with your statement ... about it being a FACT. I am trying with due diligence to give you the benefit of the doubt, and know that mistakes can be made, even by public servants in the Barnstable Registry of Deeds. If that is the case then you might want to notify them of this gross error. If not, then maybe you can explain the difference between what you stated as a FACT and what is in the records at the Registry.

Thanks in advance for your clarification.

NEVMSLLC · Oct 31, 2009

When NEVS purchased the inventory, none of the weeks in those units were sold and the units were wholly owned by NEVS. It is clearly stated in the deed. Everything owned by NEVS is a matter of public record. As NEVS has told all the owners, NEVS goal is to sell all their weeks. The first sales in those units took place last summer and the deeds are now being recorded as the sales close. You have identified one of those weeks that was recently sold by NEVS. Those units have been sitting there unsold by the previous developer for more than twenty years.

Classylassy523 · Oct 31, 2009

NEVMSLLC said:
When NEVS purchased the inventory, none of the weeks in those units were sold and the units were wholly owned by NEVS. It is clearly stated in the deed. Everything owned by NEVS is a matter of public record. As NEVS has told all the owners, NEVS goal is to sell all their weeks. The first sales in those units took place last summer and the deeds are now being recorded as the sales close. You have identified one of those weeks that was recently sold by NEVS. Those units have been sitting there unsold by the previous developer for more than twenty years.

But, Cliff, you said that NONE of them had been sold and that was a FACT ... now you are saying that there have been sales. And, are those sales to Festiva via Intercity Escrow? Am I mistaken? Or, is Colebrook Financial and Intercity just intermediate steps inbetween the deed being registered in the actual name of the buyer? Or, is Festiva and/or FAC the actual owner of this unit?

Why is that anything that involves either of these resorts, NEVS, NEVMS, Outfield Marketing, Festiva Resorts and FAC is convoluted and twisted so much that you need to be an expert at untying knots to figure it out?

JackB62 · Nov 1, 2009

Classic shell game?

That's what it sounds like to me...

NEVMSLLC · Nov 1, 2009

Classy

Let's not forget the original criticism which was about NEVS keeping a sales office etc. at the resort without paying rent. All I did was point out that NEVS keeps a sales office in a unit that they own entirely which is not at all inappropriate.

Now you're asking questions about deeding process, partial releases, assignments and other conveyancing issues which is not a problem, it's all public record. The problem has been the misunderstandings of the public record that has been posted on here by you and others.

It seems that, when there's something you don't understand, the automatic assumption is that it must be illegal, underhanded or even criminal. Nothing could be further from the truth and the truth is right there for everyone to see in the Registry of Deeds. Any attorney, title examiner and even a real estate broker could tell you what it means with no effort at all.

But when you refer to the legal process as "convoluted and twisted so much that you need to be an expert at untying knots to figure it out", you mischaracterize the whole process. You're not an attorney and shouldn't be expected to understand all of the issues involved. I wonder why, when you don't understand something, you don't ask an attorney to explain it to you instead of defaming everything and everyone.

And you're not alone, JackB62 just did the same thing by referring to it as a "Classic shell game". It's always difficult to try and explain things to people who's minds are already made up. More than that, it's typically a useless effort. When I see those types of things posted on here and the attacks on me personally, do you really wonder why I don't bother responding anymore? Treat me respectfully and I'm happy to reciprocate.

ChrisH · Nov 1, 2009

Sold Units - SANDCASTLE

This should really be in the Sandcastle forum for these particular units, however the discussion seems to be here so I will ask this question here:

All these Sandcastle Units were 'sold' by NEVS but the buyer in every case is Intercity Escrow Services, Trustee for Festiva Resorts LLC and Festiva Adventure Club. None sold by NEVS LLC went to individuals that I can find. Only to Intercity and Festiva.

So are these units being offered to owners or individuals, visitors for promotions etc. or all they all being 'given' 'transferred' or however it's done, to Festiva/Intercity for $1.00 as listed on the deeds???

INTERCITY ESCROW SERVICES (Gtee)
NEW ENGLAND VACATION S UNIT 2C TIME 32
Time Sharing Deed Provincetown
09-02-2009 24009-195

INTERCITY ESCROW SERVICES (Gtee)
NEW ENGLAND VACATION S UNIT 504 TIME 9
Time Sharing Deed Provincetown
09-15-2009 24034-116

INTERCITY ESCROW SERVICES (Gtee)
NEW ENGLAND VACATION S UNIT 510 TIME 9
Time Sharing Deed Provincetown
09-15-2009 24034-120

INTERCITY ESCROW SERVICES (Gtee)
NEW ENGLAND VACATION S UNIT 408 TIME 9
Time Sharing Deed Provincetown
09-15-2009 24034-124

INTERCITY ESCROW SERVICES (Gtee)
NEW ENGLAND VACATION S UNIT 601 TIME 9
Time Sharing Deed Provincetown
09-15-2009 24034-128

INTERCITY ESCROW SERVICES (Gtee)
NEW ENGLAND VACATION S UNIT 501 TIME 9
Time Sharing Deed Provincetown
09-15-2009 24034-132

INTERCITY ESCROW SERVICES (Gtee)
NEW ENGLAND VACATION S UNIT 605 TIME 9
Time Sharing Deed Provincetown
09-15-2009 24034-136

INTERCITY ESCROW SERVICES (Gtee)
NEW ENGLAND VACATION S UNIT 606 TIME 9
Time Sharing Deed Provincetown
09-15-2009 24034-140

INTERCITY ESCROW SERVICES (Gtee)
NEW ENGLAND VACATION S UNIT 503 TIME 9
Time Sharing Deed Provincetown
09-15-2009 24034-144

INTERCITY ESCROW SERVICES (AS TR) (Gtee)
NEW ENGLAND VACATION S UNIT 409 TIME 9
Time Sharing Deed Provincetown
10-16-2009 24100-91

INTERCITY ESCROW SERVICES (AS TR) (Gtee)
NEW ENGLAND VACATION S UNIT 406 TIME 10
Time Sharing Deed Provincetown
10-16-2009 24100-93

INTERCITY ESCROW SERVICES (AS TR) (Gtee)
NEW ENGLAND VACATION S UNIT 414 TIME 10
Time Sharing Deed Provincetown
10-16-2009 24100-97

INTERCITY ESCROW SERVICES (AS TR) (Gtee)
NEW ENGLAND VACATION S UNIT 403 TIME 9
Time Sharing Deed Provincetown
10-16-2009 24100-99

INTERCITY ESCROW SERVICES (AS TR) (Gtee)
NEW ENGLAND VACATION S UNIT 503 TIME 10
Time Sharing Deed Provincetown
10-16-2009 24100-101

INTERCITY ESCROW SERVICES (AS TR) (Gtee)
NEW ENGLAND VACATION S UNIT 407 TIME 10
Time Sharing Deed Provincetown
10-16-2009 24100-103

Thanks
Chris

NEVMSLLC · Nov 1, 2009

Chris

Those are weeks that were sold by NEVS to new buyers who joined the Festiva Adventure Club. Those weeks were deeded directly to Festiva to support the number of points purchased by the buyer. It's one of the ways that weeks are sold. Each of those weeks is now generating a new maintenance fee to the resort.

You may also notice that the weeks are weeks 9 and 10 - perhaps the most difficult weeks to sell in Provincetown. By selling them as part of a Festiva package, NEVS is able to add real value to off season weeks, get them sold and get a maintenance fee.

This is actually great news for the Sandcastle (and for Southcape as well) because NEVS has a way of efficiently selling off season time for real value. Again, something that should have been done twenty years ago but wasn't. I understand why people are confused about the relationship with NEVS, but the best thing that can happen to either resort is to have a company selling the weeks and generating new maintenance fees. That is exactly what NEVS is doing and you've published the actual proof. You don't need to take my word anymore. This is great news!!

Classylassy523 · Nov 1, 2009

NEVMSLLC said:
Classy

Let's not forget the original criticism which was about NEVS keeping a sales office etc. at the resort without paying rent. All I did was point out that NEVS keeps a sales office in a unit that they own entirely which is not at all inappropriate.

Now you're asking questions about deeding process, partial releases, assignments and other conveyancing issues which is not a problem, it's all public record. The problem has been the misunderstandings of the public record that has been posted on here by you and others.

It seems that, when there's something you don't understand, the automatic assumption is that it must be illegal, underhanded or even criminal. Nothing could be further from the truth and the truth is right there for everyone to see in the Registry of Deeds. Any attorney, title examiner and even a real estate broker could tell you what it means with no effort at all.

But when you refer to the legal process as "convoluted and twisted so much that you need to be an expert at untying knots to figure it out", you mischaracterize the whole process. You're not an attorney and shouldn't be expected to understand all of the issues involved. I wonder why, when you don't understand something, you don't ask an attorney to explain it to you instead of defaming everything and everyone.

And you're not alone, JackB62 just did the same thing by referring to it as a "Classic shell game". It's always difficult to try and explain things to people who's minds are already made up. More than that, it's typically a useless effort. When I see those types of things posted on here and the attacks on me personally, do you really wonder why I don't bother responding anymore? Treat me respectfully and I'm happy to reciprocate.

Cliff ...
No where in my posts did I question the legality of anything.

What I was questioning was your statement that no units had been sold ... a FACT, to quote you. When I pointed out that there had been units sold, now I am accusing you of illegalities. What I was also questioning ... who the owners were of those units.

Now that I think about your statement ... no units have been SOLD .... you are GIVING those units to Festiva or FAC or Intercity Escrow or Colebrook or which ever entity takes units and deposits them into the related trust. Is this another way to give Festiva increased ownership, even if it is in white weeks? And, what is NEVS getting out of this? You have to be making money somehow, and charging $1.00 for a unit doesn't make those monthly payments on your $2.5 milliion mortgage you have on the Southcape and Sandcastle Resorts.

NEVMSLLC · Nov 1, 2009

Classylassy523 said:
Cliff ...
No where in my posts did I question the legality of anything.

What I was questioning was your statement that no units had been sold ... a FACT, to quote you. When I pointed out that there had been units sold, now I am accusing you of illegalities. What I was also questioning ... who the owners were of those units.

Now that I think about your statement ... no units have been SOLD .... you are GIVING those units to Festiva or FAC or Intercity Escrow or Colebrook or which ever entity takes units and deposits them into the related trust. Is this another way to give Festiva increased ownership, even if it is in white weeks? And, what is NEVS getting out of this? You have to be making money somehow, and charging $1.00 for a unit doesn't make those monthly payments on your $2.5 milliion mortgage you have on the Southcape and Sandcastle Resorts.

Actually, you have. On September 30 in post #64, you accuse us of "criminal acts'. You posted that you "have no respect for Cliff Hagberg" on September 16 in post number 482 and several times you've suggested that there are legal problems in what management is doing. You've accused us of "terrorizing" the owners. You've said a lot more but I didn't bother going through all of your posts.

Would you communicate with someone who accused you of criminal acts, publicly stated that they have no respect for you and told people you were terrorizing them? Do you really want me to go back through all of your posts because I have no problem doing that, I just think people get the idea of where you're coming from. Frankly, I don't have a problem telling you what's going on, I just won't do it when I'm insulted, defamed and my reputation is attacked.

Here are some facts for you based on the information you posted.

NEVS is selling weeks and generating new maintenance fee paying owners. If you want to get NEVS out, help them sell weeks - the faster they sell the weeks, the sooner they'll be out. FYI, when NEVS sells it's weeks and then forecloses and sells the weeks owned by delinquent owners who aren't paying any fees, the resort will have over $500,000 more per year to operate. What do you think that will do to your maintenance fee and the financial health of your resort?

Finally, the details of how NEVS makes it's money is not your business, except that you are aware that NEVS makes money by selling the weeks it owns.

And with this post, I'm once again - gone. You just caught me on a weekend the Patriots aren't playing and the Red Sox are done!!

Classylassy523 · Nov 1, 2009

NEVMSLLC said:
Actually, you have. On September 30 in post #64, you accuse us of "criminal acts'. You posted that you "have no respect for Cliff Hagberg" on September 16 in post number 482 and several times you've suggested that there are legal problems in what management is doing. You've accused us of "terrorizing" the owners. You've said a lot more but I didn't bother going through all of your posts.

Would you communicate with someone who accused you of criminal acts, publicly stated that they have no respect for you and told people you were terrorizing them? Do you really want me to go back through all of your posts because I have no problem doing that, I just think people get the idea of where you're coming from. Frankly, I don't have a problem telling you what's going on, I just won't do it when I'm insulted, defamed and my reputation is attacked.

Here are some facts for you based on the information you posted.

NEVS is selling weeks and generating new maintenance fee paying owners. If you want to get NEVS out, help them sell weeks - the faster they sell the weeks, the sooner they'll be out. FYI, when NEVS sells it's weeks and then forecloses and sells the weeks owned by delinquent owners who aren't paying any fees, the resort will have over $500,000 more per year to operate. What do you think that will do to your maintenance fee and the financial health of your resort?

Finally, the details of how NEVS makes it's money is not your business, except that you are aware that NEVS makes money by selling the weeks it owns.

And with this post, I'm once again - gone. You just caught me on a weekend the Patriots aren't playing and the Red Sox are done!!

Cliff ...

CRIMINAL ACTS -

The criminal acts I spoke about in Post 64 was NEVS breaking MGL 183. You have denied deeded owners access to the owners list ... you charged owners a special assessment without the right to vote ... all clearly stated in the law and in our deed/trust. Yes, NEVS has broken the law and the last time I checked, when you break a law that constitutes a criminal act.

RESPECT -

Respect is not something you get, Cliff, it is something you earn. I have a difficult time respecting someone who uses doublespeak when communicating with owners and who tells the same story 2 or 3 different ways, whichever fits at the time. I have a difficult time knowing that the people who are running my resort have denied me and others their rights as owners.

TERRORISM -

I am pretty sure that the terrrorizing of owners was laid at Outfield Marketing's feet. Even you have admitted, when it suited your purpose, that they have used unsavory tactics to convince owners to give up their property. Playing on people's fears is a form of terrorism. Terry, the Outfield trainee, tried to use fear to get me to give up my property just this year. Fear tactics to convince me I would be leaving my children nothing but problems if I didn't turn my deeded property over to FAC. Questioned my wisdom and concern about my family. Of course, he wasn't as crude as Greg Hughes last year, but the pressure was there just the same. That is terrorism.

Please, Cliff, you adopting the role of victim is a laugh. Maybe you should talk to owners who were victims of Outfield Marketing. You know those people ... the ones you are in partnership with and make up the principals of NEVS and control the Board of Trustees at both Southcape and Sandcastle Resorts.

Help you sell weeks? Excuse me? I should help you sell weeks, when you have a sales force on site that won't sell them? When questioned, Outfield salespeople inform us that they DO NOT sell weeks, they sell points. They do everything they can to discourage deeded ownershp of weeks. Do you tell Outfield to sell weeks? If you are so hot to sell weeks, how come there is NOTHING on the websites about selling units? Where is all this selling of deeded weeks going on? I know you are GIVING units to Festiva ... well you are charging $1.00, but beyond that where are the units that you have sold? I haven't seen anything in the Registry of Deeds ... just Festiva, Intercity, FAC!

Just calling it the way I see it, Cliff.

NEVMSLLC · Nov 1, 2009

Yes, I think we all know how you see it. Must be awful to have such blurry vision when the truth is right in front of you . . . .

Sou13 · Nov 2, 2009

Contacts and links info

The following email appeared to me to be a request to post this info to this discussion:

In speaking with Al Ewald today, he indicated that he would like information on contacts for local Cape Cod newspapers, state and local senators published for any owners that may wish to step up the public side of these issues.

I have posted the information on TUG Sandcastle posts - with names, addresses, phone #'s and emails - one for the newspaper component and one for the government component.

You may wish to post it either or both on sandcastlegroups as well. I wasn't sure - thought it was you - who was involved in this aspect. You can read them below; cut and paste if you wish. Or send them to whomever would be doing this.

http://www.tugbbs.com/forums/showthread.php?p=811920&posted=1#post811920

http://www.tugbbs.com/forums/showthread.php?t=85788

I requested that the sender of this request post it herself but she chose not to. However, since there's some discussion of where to find the truth it now appears relevant to this discussion:

Contacts: Cape Cod Area Newspapers - Write to an Editor

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For those owners who wish to have their voices heard in the local Cape Cod media, here are some resources:

Letters Editor,
Cape Cod Times
319 Main St., Hyannis MA 02601.
Letters may be faxed to: (508) 771-3292.
Editor in chief: Paul Pronovost, 508 862-1166
Editorial Staff: Newsroom staff list
Ombudsman: Jayne M. Iafrate
letters@capecodonline.com

The Cape Cod Chronicle
60-C Munson Meeting Way,
Chatham, MA 02633
508-945-2220 • 508-430-2700
Editorial Dept.: 508-945-2220
Production Dept: 508-945-2228
Advertising Dept: 508-945-2229
FAX: 508-945-2579
letters@capecodchronicle.com

The Barnstable Patriot
Submit Letter to the Editor
4 Ocean Street
Hyannis, MO 01206
Phone: 508-771-1427
Fax: 508-790-3997
letters@barnstablepatriot.com

The Provincetown Banner
167 Commercial St.
PO Box 977
Provincetown, MA 02657
Tel: 1 (508) 487-7400
Free: 1 (888) 782-2267
Fax: 1 (508) 487-7144
editor@provincetownbanner.com

Contacts: Cape Cod Area Govt Representation - US Senators

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For those who wish to voice their concerns to the Representatives in the Cape Cod Area or to our US Senators here are the contacts:

Senator Robert O’Leary
State House
Room 511B
Boston, MA 02133
Telephone: (617) 722-1570
Fax: (617) 722-1271
Robert.O'Leary@state.ma.us
DISTRICT REPRESENTED: CAPE AND ISLANDS.— Barnstable, precincts 1 to 9, inclusive, and 13, Mashpee, Provincetown,

MATTHEW C. PATRICK - Mashpee
State House District Office
Room 540 24 Collins Road
State House P.O. Box 3252
Boston, MA 02133 Falmouth, MA 02536
Telephone: 617-722-2090 508-540-6308
Facsimile: 617-722-2848
E-mail: Rep.MatthewPatrick@hou.state.ma.us
RepMattP@Cape.com

JEFFREY D. PERRY - Mashpee
State House District Office
Room 136 49 Route 6A
State House Post Office Box 1435
Boston, MA 02133 Sandwich, MA 02563
Telephone: 617-722-2396 Phone: (508)-888-2158
Facsimile: 617-722-2819 Fax: (508) 888-1179
Email: Rep.JeffreyPerry@hou.state.ma.us

SARAH K. PEAKE - Provincetown
State House District Office
Room 473F
State House
Boston, MA 02133
Telephone: 617-722-2210 508-487-5694
Facsimile:617-722-2239
E-Mail: Rep.SarahPeake@Hou.State.MA.US

US SENATORS - MA

John F. Kerry (Democrat)
421 Russell Senate Office Building
United States Senate
Washington, D.C. 20510
PHONE:
1-202-224-2742
FAX:
1-202-224-8525
E-MAIL:
john_kerry@kerry.senate.gov
WEB:
http://www.senate.gov/~kerry/

Paul G. Kirk, Jr.
Democrat - Massachusetts
317 RUSSELL SENATE OFFICE BUILDING
WASHINGTON DC 20510
DC Phone: 202-224-4543
Email: Senator_Kirk@kirk.senate.gov

Here are the links to check out the claims by NEVMSLLC:
Massachusetts Corporations Search
Barnstable County Capeview Internet Access
Southcape Condo I Master Deed