[ 2019 ] Question on partial transfer of timeshare

[PigsDad]

I'll see if they sent me the estoppel -- I know they (title company) had said HGVC didn't note the loan in the estoppel and they were later surprised to hear there was a loan balance. I don't recall actually seeing the estoppel from HGVC.

Red flag here. With every resale I have purchased, the broker sent me the estoppel before I signed the final papers (I didn't have to explicitly ask for it). I would never just take the word of the closing company on what the estoppel stated.

Have you contacted HGVC yet to ask about the estoppel? Seems like a key piece of evidence for your claim against the closing company / original owner.

Kurt

 

[Bsachetti]

Red flag here. With every resale I have purchased, the broker sent me the estoppel before I signed the final papers (I didn't have to explicitly ask for it). I would never just take the word of the closing company on what the estoppel stated.

Have you contacted HGVC yet to ask about the estoppel? Seems like a key piece of evidence for your claim against the closing company / original owner.

Kurt

Can anyone request an estoppel? Is there a cost?

 

[PigsDad]

Can anyone request an estoppel? Is there a cost?

I believe so, but I think there is a cost -- just call and ask.

Kurt

 

[OldGuy]

It also seems like a slam dunk credit card dispute for the $1600. You say you tried to contact the "merchant" and they are non-responsive/out of business/took your money and ran.

I've won disputes for less egregious merchant conduct.

 

[seagila]

Can anyone request an estoppel? Is there a cost?

Here's the Estoppel Request Form you will need to submit, if you have all the information it's asking. Not sure if it's still the $59 fee. It may have gone up.

Try calling 800.521.3144 if you have questions about the process. Good Luck!

 

[Talent312]

I have to wonder if there ever was an estoppel issued.
They were blowing smoke by telling you what it said w/o sending it to you.
.

 

[dioxide45]

If you do nothing and a foreclosure is filed for the loan or MF's,
you will be named as a defendant and served, even if not liable
for any $$ personally, just 'cuz your name's in the chain of title.
IOW, you will be id'd as someone having "an interest" in it.

I agree. In addition to trying to recover the $1,600, I would also suggest just quit claiming it back to the prior owner to protect against what you mention.

 

[Bsachetti]

Quick Recap on this: Bought a resale timeshare online at LV Boulevard 6 years ago (Dec 2017). Paid for it and completed paperwork. It passed ROFR and the title company transferred it to me with the Clark County Recorder. Turned out the seller still had an outstanding loan so we could not process the ownership transfer through HGVC and I eventually got a refund from the seller (All Seasons / Rodgers and Lee) and I assumed that would be the end of this saga.

No further communication from the seller or Title company for almost 7 years. Today, I logged into my HGVC account and I have a new property! The downside is that I don't need this property and somehow it landed in my account 7 years later even though the sale never went through and I got a refund! Advice on what to do next? Waiting for a call back from HGVC. It even came with full 2024 points but also a small $138 "2023 Operating Fee" and $680 in "Legal Fees"

 

[brp]

Advice on what to do next? Waiting for a call back from HGVC. It even came will full 2024 points but also a small $138 2023 "Operating Fee" and $680 in "Legal Fees"

This is truly weird. I'd suggest waiting for the callback from HGVC before doing anything else, and making sure that whatever paperwork you have to substantiate the non-sale is close at hand.

Cheers.

 

[dioxide45]

Quick Recap on this: Bought a resale timeshare online at LV Boulevard 6 years ago (Dec 2017). Paid for it and completed paperwork. It passed ROFR and the title company transferred it to me with the Clark County Recorder. Turned out the seller still had an outstanding loan so we could not process the ownership transfer through HGVC and I eventually got a refund from the seller (All Seasons / Rodgers and Lee) and I assumed that would be the end of this saga.

No further communication from the seller or Title company for almost 7 years. Today, I logged into my HGVC account and I have a new property! The downside is that I don't need this property and somehow it landed in my account 7 years later even though the sale never went through and I got a refund! Advice on what to do next? Waiting for a call back from HGVC. It even came with full 2024 points but also a small $138 "2023 Operating Fee" and $680 in "Legal Fees"

Perhaps the owner paid the loan off and then they completed the transfer? A very strange situation indeed.

Did you ever sign a deed to convey it back to the owner that was selling it to you?

 

[Bsachetti]

Perhaps the owner paid the loan off and then they completed the transfer? A very strange situation indeed.

Did you ever sign a deed to convey it back to the owner that was selling it to you?

I suspect you're right -- either the previous owner paid it off or defaulted. I never got anything from the title company to transfer the deed back once they refunded my purchase price so I ignored it, expecting that someone would contact me in the future to assign it back to the current owner. I never expected it to show up in my HGVC account as another ownership!