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[2008] Who's Done a Quitclaim back to the Resort?

Eric in MN

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Anyone used a quitclaim to give up ownership of a timeshare and basically transfer it back to the Resort? I have a week at Canada House Beach Club and am thinking about doing this. I would love to hear your thoughts or experiences regarding this.

thanks
Eric
 

isisdave

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There are extensive discussions here about why this doesn't work, and how you are still responsible for the annual maintenance fees. Feel free to search for them and read them.
 

DeniseM

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The resort must agree to accept a quit claim - you can't force them to take your ownership back.
 

Lawlar

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No Can Do

Denise is correct.

However, it causes a problem for the timeshare company. A title search will show the lender as the owner if a deed is filed.

In the 90s people who were facing foreclosure tried to deed their homes back to their lenders to avoid having a foreclosure on their record. It didn't work. The lenders had their lawyers remove the unwanted deeds.

You could become liable for your lender's legal fees and costs that they incur in removing any deed you record.
 

Carolinian

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Check with your HOA. Many will accept a deedback although none I know of, for obvious reasons, advertise that fact. It is much cheaper for them than having the expense and time involved in a foreclosure.

If you record a deed without an actual acceptance by the grantee, then you can create problems for yourself, which may vary from state to state. In some states, acceptance by the grantee is presumed from the fact of recordation, and the grantee has to go to court to establish that it did not in fact accept it, which they may or may not bother to do.

I can think of some creative ways to dispose of a timeshare in which the resort would probably wish they had accepted a simple deedback. I had a relative who practiced law in western North Carolina who had acquired a small and almost valueless piece of land in a transaction with other parcels. He was on the outs politically with the mayor, and when the town discovered he owned it they started mowing it and sending him the bill, but not doing so for similar property on either side, just his. He got a bellyful of that, drafted a deed that took the property out of his name and royally screwed up the title that would make it extremely expensive and time consuming for anyone else to ever striaghten it out, and recorded the deed. He sat back, let the town keep mowing and waited until they leaned on him for payment of multiple bills. That's when he asked them to look at the deed at a particular book and page number. They quit calling and also quit mowing.
 

theo

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However, it causes a problem for the timeshare company. A title search will show the lender as the owner if a deed is filed.
.......You could become liable for your lender's legal fees and costs that they incur in removing any deed you record.

All true enough, but the OP made no mention of any actual lender presence or involvement in his ownership. The resort at issue is an older facility where very inexpensive resales are routinely available. I'd be very suprised if there was any loan or "note" involved in the OP ownership.... :shrug:
 

bogey21

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Check with your HOA. Many will accept a deedback although none I know of, for obvious reasons, advertise that fact. It is much cheaper for them than having the expense and time involved in a foreclosure.

I know of one resort that routinely does this for the reason stated. For obvious reasons they don't advertise their willingness to do this so I'm not going to identify them.

George
 

Dave M

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There are numerous resorts, including some chain resorts that allow deedbacks. Timesharing Today magazine has had a series of articles on the topic, including several "how to do it" articles and identification of some of the resorts. Examples are in the issues for November 2007 (pp. 27-29), January 2008 (pp. 5-6), May 2008 (p. 11) and July 2008 (p. 5).
 

krmlaw

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Im thinking of doing this too. I called the HOA and they said yes, for $100 they will take it back.
 
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Quitclaim back to resort/Canada House

I realize this is a very old thread, but for anyone else who may come across it in the future and want to know the answer, the Canada House does accept deedbacks from owners who are in good standing at no charge to the owner.


Their policy has changed and now they require a fee, according to resort manager. (4-19-13)
 
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AwayWeGo

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[triennial - points]
I Resemble That Remark.

The resort must agree to accept a quit claim - you can't force them to take your ownership back.
You typed a mouthful.

With advance permission, we gave the resort ownership of our unwanted timeshare week via quitclaim deed.

They provided the form & everything. All we had to do was fill in the blanks, sign the document, get the signatures notarized & wittnessed, send back the completed document, & -- POOF ! -- we were no longer owners at that timeshare.

-- Alan Cole, McLean (Fairfax County), Virginia, USA.​
 
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