Wyndham is suing several PCC's that Tuggers have been complaining about for years 
Tomorrow will be their third appearance before the judge, requesting another extension. I wish they would get this case settled and put some people in jail. (See origial complaint with much more detail here: http://wyndhamlawsuits.com/wp-content/uploads/2014/08/Amended-Complaint1.pdf )
Tomorrow will be their third appearance before the judge, requesting another extension. I wish they would get this case settled and put some people in jail. (See origial complaint with much more detail here: http://wyndhamlawsuits.com/wp-content/uploads/2014/08/Amended-Complaint1.pdf )Plaintiffs, Wyndham Vacation Resorts, Inc. and Wyndham Vacation Management, and file this First Amended Complaint against Defendants, Property Relief, LLC, IAVacations, Inc., VP Title, LLC, C&S Resort Getaway, LLC, AJC Resort Services, TimeShare Relief, Inc., Pacific Transfers, Robert Pickel, Stacy Gillispie, and David MacMillan, and state as follows:
NATURE OF CASE
(1) This cause of action is predicated upon Civil RICO, Fraud, Intentional Interference with Current and Prospective Business Relations, Breach of Contract, Intentional Interference Case 3:13-cv-00434 Document 33 Filed 07/03/13 Page 1 of 43 PageID #: 1722 with Contractual Relations, Procurement of Breach of Contract, violation of the Tennessee Consumer Protection Act and Civil Conspiracy.
(2) Defendants are an enterprise of multiple LLCs owned and operated by the same individuals and utilized to commit various acts of mail, wire and financial fraud. The enterprise is meticulously structured to orchestrate the following activities:
(3) Defendants operate multiple fraudulent schemes to defraud timeshare owners and Wyndham. Defendants use a litany of different LLCs owned, operated and managed by the same individuals. The schemes or scams include unsolicited telephone calls and unsolicited mailers to timeshare owners advising timeshare owners that a buyer is in place to purchase their timeshares.
(4) Defendants utilize multiple LLCs to charge upfront fees for the sale of real estate. The California Defendants utilize AJC Resort Services, Resort Management Association, Resort Notification Services, Resort Owners’ Association or Resort Members’ Association to mail unsolicited “Final Notices” to timeshare owners. These mailers fraudulently state “Final Expiration Notice” to eliminate maintenance fees “Your eligibility will expire on [_/_/]13.”
(5) The mailers are designed to initiate a scheme of inducing individuals to pay upfront fees for the sale of real estate or to attend presentations at hotels throughout the country. The hotel presentations are used to induce timeshare owners to pay upfront fees to Defendants to sell their property or to unknowingly pay Defendants for fraudulent transfers and fraudulent conveyances. Defendants then utilize one of their many other affiliate companies to perform fraudulent transfers or fraudulent conveyances including, but not limited to:
(6) Charging upfront fees for the sale of timeshare deeds has been prosecuted in multiple states. Defendants’ acts of mailing unsolicited “Final Expirations Notices” to induce payment of upfront fees for sale of real estate constitute mail fraud. Fees or commissions may only be collected after a sale of real estate. TimeShare Relief was sanctioned by the Vermont Attorney General for soliciting consumers through deceptive bait and switch tactics. Consumers were induced by unsolicited mailers to meet with TimeShare Relief and induced to “pay several hundred to several thousand dollars to transfer ownership of their timeshares.”
(7) Defendants fraudulently charge upfront fees, but never transfer deeds out of the owners’ names. The deeds remain in the original owners name and the original owners unknowingly default, believing their timeshares to have been transferred or sold.
(8) Defendants utilize the US Mail to facilitate and accomplish their schemes. Timeshare owners complete paperwork, execute power of attorneys and mail the documents requested by Defendants to facilitate the fraud. Defendants submit fraudulently prepared warranty deeds and closing documents to Wyndham through the US Mail to accomplish fraudulent transfers. The warranty deeds and transfer documents contain fraudulent representations upon which Wyndham relies, thereby inducing Wyndham to complete the fraudulent transfers. Wyndham is then harmed and defrauded as a creditor.
(9) Defendants utilize multiple companies to orchestrate a bait and switch and reverse sales process. Timeshare owners are induced to pay Defendants upfront fees for transfers and to then pay Defendants thousands of dollars to repurchase what they already owned. Pacific Transfers provided a deed back, escrow and closing service to VO Group. VO Group’s owner and multiple employees were indicted for wire or mail fraud. Property Relief and IAVacations are listed on Wesley Financial Group’s contracts as performing the same deed back services for Wesley. Wesley is owned and operated by Chuck McDowell, a former manager of VO Group, and Wesley uses the same or a similar business model as VO Group that resulted in the wire and mail fraud indictments.
(10) Property Relief and VP Title fraudulently submitted to Wyndham, by US Mail, at least (82) warranty deeds and closing documents transferring Wyndham deeds back to the original owners’ names without the original owners’ consent or knowledge and after the original owners paid TimeShare Relief, Pacific Transfers, Property Relief, IAVacations or VP Title to sell their deeds. These are fraudulent real estate transfers, made without knowledge or consent of the purchaser, initiated and facilitated by mailing fraudulent closing documents to Wyndham by Property Relief and VP Title. Property Relief and VP Title’s acts constitute wire fraud or mail fraud and are predicate acts to the RICO claim.
(11) Defendants induce timeshare owners to pay upfront or advanced fees under the auspices that Defendants’ services will absolve timeshare owners from all legal liability. This is false. Some deeds are never transferred out of the owners’ names or Defendants fraudulently convey the deeds. Both scenarios result in a default to Wyndham and are designed to defraud Wyndham as a creditor. Timeshare owners are unaware that they are paying for fraudulent conveyances that are void and do not absolve them of their legal liability. Defendants utilize sham or fictitious purchasers that have no intention, at any time, to ever pay the contractually obligated fees attached to the Wyndham deeds. The damage to Wyndham has already been done and the accounts are typically already in default when the fraudulent transfers or fraudulent conveyances are ultimately discovered.
(12).....
NATURE OF CASE
(1) This cause of action is predicated upon Civil RICO, Fraud, Intentional Interference with Current and Prospective Business Relations, Breach of Contract, Intentional Interference Case 3:13-cv-00434 Document 33 Filed 07/03/13 Page 1 of 43 PageID #: 1722 with Contractual Relations, Procurement of Breach of Contract, violation
(2) Defendants are an enterprise of multiple LLCs owned and operated by the same individuals and utilized to commit various acts of mail, wire and financial fraud. The enterprise is meticulously structured to orchestrate the following activities:
(1) charge upfront or advanced fees for the sale of real estate deeds when a legitimate third-party purchaser is not in place;
(2) fraudulently induce timeshare owners to pay for fraudulent transfers or fraudulent conveyances;
(3) defraud Wyndham;
(4) defraud consumers; and
(5) permit Defendants to garner ill-gotten gains on an ongoing basis.
(2) fraudulently induce timeshare owners to pay for fraudulent transfers or fraudulent conveyances;
(3) defraud Wyndham;
(4) defraud consumers; and
(5) permit Defendants to garner ill-gotten gains on an ongoing basis.
(3) Defendants operate multiple fraudulent schemes to defraud timeshare owners and Wyndham. Defendants use a litany of different LLCs owned, operated and managed by the same individuals. The schemes or scams include unsolicited telephone calls and unsolicited mailers to timeshare owners advising timeshare owners that a buyer is in place to purchase their timeshares.
(4) Defendants utilize multiple LLCs to charge upfront fees for the sale of real estate. The California Defendants utilize AJC Resort Services, Resort Management Association, Resort Notification Services, Resort Owners’ Association or Resort Members’ Association to mail unsolicited “Final Notices” to timeshare owners. These mailers fraudulently state “Final Expiration Notice” to eliminate maintenance fees “Your eligibility will expire on [_/_/]13.”
(5) The mailers are designed to initiate a scheme of inducing individuals to pay upfront fees for the sale of real estate or to attend presentations at hotels throughout the country. The hotel presentations are used to induce timeshare owners to pay upfront fees to Defendants to sell their property or to unknowingly pay Defendants for fraudulent transfers and fraudulent conveyances. Defendants then utilize one of their many other affiliate companies to perform fraudulent transfers or fraudulent conveyances including, but not limited to:
Pacific Transfers,
Transfer on the Spot,
Donate Title,
Property Relief,
VP Titles,
Right Choice Transfers or
C&S Resort Getaway.
Transfer on the Spot,
Donate Title,
Property Relief,
VP Titles,
Right Choice Transfers or
C&S Resort Getaway.
(6) Charging upfront fees for the sale of timeshare deeds has been prosecuted in multiple states. Defendants’ acts of mailing unsolicited “Final Expirations Notices” to induce payment of upfront fees for sale of real estate constitute mail fraud. Fees or commissions may only be collected after a sale of real estate. TimeShare Relief was sanctioned by the Vermont Attorney General for soliciting consumers through deceptive bait and switch tactics. Consumers were induced by unsolicited mailers to meet with TimeShare Relief and induced to “pay several hundred to several thousand dollars to transfer ownership of their timeshares.”
(7) Defendants fraudulently charge upfront fees, but never transfer deeds out of the owners’ names. The deeds remain in the original owners name and the original owners unknowingly default, believing their timeshares to have been transferred or sold.
(8) Defendants utilize the US Mail to facilitate and accomplish their schemes. Timeshare owners complete paperwork, execute power of attorneys and mail the documents requested by Defendants to facilitate the fraud. Defendants submit fraudulently prepared warranty deeds and closing documents to Wyndham through the US Mail to accomplish fraudulent transfers. The warranty deeds and transfer documents contain fraudulent representations upon which Wyndham relies, thereby inducing Wyndham to complete the fraudulent transfers. Wyndham is then harmed and defrauded as a creditor.
(9) Defendants utilize multiple companies to orchestrate a bait and switch and reverse sales process. Timeshare owners are induced to pay Defendants upfront fees for transfers and to then pay Defendants thousands of dollars to repurchase what they already owned. Pacific Transfers provided a deed back, escrow and closing service to VO Group. VO Group’s owner and multiple employees were indicted for wire or mail fraud. Property Relief and IAVacations are listed on Wesley Financial Group’s contracts as performing the same deed back services for Wesley. Wesley is owned and operated by Chuck McDowell, a former manager of VO Group, and Wesley uses the same or a similar business model as VO Group that resulted in the wire and mail fraud indictments.
(10) Property Relief and VP Title fraudulently submitted to Wyndham, by US Mail, at least (82) warranty deeds and closing documents transferring Wyndham deeds back to the original owners’ names without the original owners’ consent or knowledge and after the original owners paid TimeShare Relief, Pacific Transfers, Property Relief, IAVacations or VP Title to sell their deeds. These are fraudulent real estate transfers, made without knowledge or consent of the purchaser, initiated and facilitated by mailing fraudulent closing documents to Wyndham by Property Relief and VP Title. Property Relief and VP Title’s acts constitute wire fraud or mail fraud and are predicate acts to the RICO claim.
(11) Defendants induce timeshare owners to pay upfront or advanced fees under the auspices that Defendants’ services will absolve timeshare owners from all legal liability. This is false. Some deeds are never transferred out of the owners’ names or Defendants fraudulently convey the deeds. Both scenarios result in a default to Wyndham and are designed to defraud Wyndham as a creditor. Timeshare owners are unaware that they are paying for fraudulent conveyances that are void and do not absolve them of their legal liability. Defendants utilize sham or fictitious purchasers that have no intention, at any time, to ever pay the contractually obligated fees attached to the Wyndham deeds. The damage to Wyndham has already been done and the accounts are typically already in default when the fraudulent transfers or fraudulent conveyances are ultimately discovered.
(12).....
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