Any legal way out of a timeshare for someone who has become infirm?

[Abdinuk]

Hello, I am trying to help my mother-in-law get out of two different timeshare weeks that she purchased years ago, hasn't used in years and can no longer use as she is in an assisted living facility. One in Florida and one in North Carolina.

In reading some posts here, it sounds like none of these timeshare exit companies is legit? Is there no recourse for someone who becomes infirm to get out her contract?

Neither resort is particularly desirable and I have seen units posted on Tug for $0.01. I did call to ask if they would take it back and they said no.

Is that my best option, or is there any kind of legal avenue that she could take?

I'd appreciate any advice on this as I will be with her over the holidays and want to get the ball rolling before she throws away thousands more on management fees.

Thanks in advance for any advice you can share.

 

[geist1223]

Simply stop paying the Maintenance Fees.

 

[Grammarhero]

Information here isn’t legal advice, but just basic information and paraphrase.

FL has non-judicial, anti-deficiency TS foreclosure mechanism, in which TS resorts cannot recover deficient MF.

To assert that right, a defaulting TS owner simply needs to do nothing or NOT object to such a non-judicial, anti-deficiency TS foreclosure. Objection moves foreclosure into judicial courts, for which defaulting TS owner would then be responsible for deficient MF as determined by the court.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0721/0721.html

 

[bnoble]

Simply stop paying the Maintenance Fees.

I would echo this. Additionally, it might be a good idea to send a letter to each management company telling them that you have no intention to pay another dime, and they can either accept a deedback in lieu of foreclosure, they can foreclose, or they can just carry it on their books as bad debt. Even if your MIL's credit takes a hit, who cares? It's not like she's taking out a car loan anytime soon.

It's also worth trying the bargain deals forum here, maybe offering to pay closing costs, etc. You never know, it might just be thing that someone is looking for!

 

[Miss Marty]

WHAT’S THE DIFFERENCE BETWEEN JUDICIAL
AND NONJUDICIAL FORECLOSURE SALES ?

https://www.auction.com/blog/judicial-vs-non-judicial-foreclosures/

 

[presley]

No biggie if she gets bad credit. Send a letter and any MF bill back saying she is in assisted living and will no longer pay. Let them decide if they want to waste their time and money going after her legally. And who cares if they do end up doing that.

 

[Grammarhero]

No biggie if she gets bad credit. Send a letter and any MF bill back saying she is in assisted living and will no longer pay. Let them decide if they want to waste their time and money going after her legally. And who cares if they do end up doing that.

I would echo this. Additionally, it might be a good idea to send a letter to each management company telling them that you have no intention to pay another dime, and they can either accept a deedback in lieu of foreclosure, they can foreclose, or they can just carry it on their books as bad debt. Even if your MIL's credit takes a hit, who cares? It's not like she's taking out a car loan anytime soon.

It's also worth trying the bargain deals forum here, maybe offering to pay closing costs, etc. You never know, it might just be thing that someone is looking for!

OP's response to the resorts have to be very careful, particularly the FL one, prepared with the help of a FL attorney. For the FL one, perhaps the OP can write with the help of a FL attorney, "We do not object to a trustee, anti-deficiency foreclosure per FL SS 721.855(5)(a)3."

 

[easyrider]

Deeded weeks go to foreclosure. Anti-deficiency foreclosures only apply to deeded weeks.

Right to use weeks usually end up with third party collection agencies and occasionally civil court for a judgement.

With either type of ownership, the resort will know the account is delinquent and they will decide what action is appropriate on their behalf without the contract owners participation. Participation by the owner is not required. This includes communication. Signing or saying the wrong thing often has consequences, imo.

The only communication should be a simple termination sentence in a simple letter and the verbiage Grammer Hero used in the above post, imo.

Bill

 

[Grammarhero]

Hello, I am trying to help my mother-in-law get out of two different timeshare weeks that she purchased years ago, hasn't used in years and can no longer use as she is in an assisted living facility. One in Florida and one in North Carolina.

In reading some posts here, it sounds like none of these timeshare exit companies is legit? Is there no recourse for someone who becomes infirm to get out her contract?

Neither resort is particularly desirable and I have seen units posted on Tug for $0.01. I did call to ask if they would take it back and they said no.

Is that my best option, or is there any kind of legal avenue that she could take?

I'd appreciate any advice on this as I will be with her over the holidays and want to get the ball rolling before she throws away thousands more on management fees.

Thanks in advance for any advice you can share.

@Abdinuk Good afternoon, to help other tuggers in similar situations, would you kindly let me know if your family member decided to stop paying and, if so, whether her credit got affected? You may DM or PM me.