Avoiding inheriting a timeshare

[MarkA]

Our mother sadly passed in Oct 2021. She was a joint owner at Canada House, Pompano Beach with her (unmarried) partner until he died in 2007, my parents divorced in early 1980's. Mum took over full ownership. We, myself and two brothers, have not found a will and looking unlikely to. We are not named on the timeshare deeds, and it was fully paid off in 2005. I have emailed and facebook messaged Canada House in the last couple of weeks, but had no reply. How do we get out of the timeshare? What are the cost options, can it be done cheaply without solicitors, and can we use a UK solicitor or would it be easier and cheaper to use US based one? The Canada House website seems to have some options to exit but they were blocked because of Covid and I was not sure they applied to us anyway.
I've looked at a few options , but it seems it is a minefiled to avoid being scammed.
Thanks

 

[kanerf]

I don't think you have to do anything if you are not named on the deed.

 

[Passepartout]

Don't do anything. IF by chance you or your brothers are notified of any legal proceedings, have a lawyer (solicitor) write the holder of the deed saying that no heirs can be found that will accept the negatively valued property, and that they can foreclose. If there's no will, there is a 'line of succession' (there always is, and people die 'intestate' (without a will) every day. But you don't need to be the one to volunteer the information. They might make some argument that a mark can be placed on your late mother's credit, but it probably won't have much effect on her now. Most likely, the BOD of the timeshare will simply dispose of the interval and you won't hear back.

Sorry for the recent loss of your Mum and that you have the need to clean up affairs you had no hand in creating.

Jim

 

[MarkA]

Thanks very much. One eventuality I saw was that one or all of us could have proceedings against us for the Maintenance Feees and in the future problems arise if we tried to enter the US with the debt built up. Does the fact I have contacted them give any power?

 

[theo]

Thanks very much. One eventuality I saw was that one or all of us could have proceedings against us for the Maintenance Feees and in the future problems arise if we tried to enter the US with the debt built up. Does the fact I have contacted them give any power?

1. Not true and no legitimate concern about any future problem entering the U.S. after non-payment of maintenance fees which were never your legal responsibility in the first place. No worries there.

2. The fact that you have voluntarily identified yourself as a heir gives them an avenue to initiate and maintain communications, but really nothing more.

3. You are within the time frame (guessing 90 --120 days?) to file a “disclaimer“ outright rejecting any such potential inheritance, but I am not sure that you would even need to bother to do so, being in the UK. The resort certainly will not expend any time, overseas effort (or money) to pursue any inheritance issue, but it might still be worth a conversation with your own attorney just to confirm whether any overt “disclaimer” action is even appropriate or at all necessary.

 

[MarkA]

1. Not true about any future problem entering the U.S. after non-payment of maintenance fees which were never your legal responsibility in the first place.

2. The fact that you have voluntarily provided a means by which to identify you as a heir gives them an avenue to maintain communications, but really nothing more.

3. You are within the time frame (guessing 90 --120 days?) to file a “disclaimer“ outright rejecting any such potential inheritance, but I am not sure that you would even need to bother to do so, being in the UK. The resort certainly will not expend any time, overseas effort (or money) to pursue any inheritance issue, but it might still be worth a conversation with your own attorney just to confirm whether any overt “disclaimer” action is even appropriate or at all necessary.

Thank you. I emailed the attorney who handled the mortgage pay off in 2005 . He's gone up in the world as had the firm, he's a partner there now. Hopefully, he says no need.

 

[Eric B]

Thanks very much. One eventuality I saw was that one or all of us could have proceedings against us for the Maintenance [Fees] and in the future problems arise if we tried to enter the US with the debt built up. Does the fact I have contacted them give any power?

The TS is in Florida, so you are protected by the antideficiency laws there against that. Ask the attorney about that and take a look at the info on the subject in this thread put together by @Grammarhero:

Links to Official State Timeshare Laws and Guides/Manuals

@TUGBrian @DeniseM @CalGalTraveler take a look. This weekend, I’m creating a spreadsheet with official links to states’ timeshare laws, as well as their statuses as to non-judicial, anti-deficiency foreclosures. In the meantime, I will just keep adding notes. * Legal Disclaimer: This list...

tugbbs.com

 

[MarkA]

Thank you, a great reference.

 

[MarkA]

I just wanted to provide an update, that may benefit others.
Although I'd emailed twice to the resort, I'd not heard back. So I wrote to the Attorney that handle the mortgage completion some years ago.
A few days later, Denise from the wrote back including the email trail with the Attorney (now a Partner) and she stated foreclosure had commenced and we need do no more.
Which had meant a major worry removed.

Thank you to everybody who wrote advising.

 

[MarkA]

Just a further follow up question.

We have recieved an invoice for Jan 2022 (Total $950) and a threat of 40% surcharge and attorney fees.
Am I correct we ignore it, they are unlikely to go to the expense of an Attorney themselves to get money in the UK as they have moved to foreclosure and they will simply reposses and not try to get the money from my Mum's estate?

 

[theo]

Just a further follow up question.

We have recieved an invoice for Jan 2022 (Total $950) and a threat of 40% surcharge and attorney fees.
Am I correct we ignore it, they are unlikely to go to the expense of an Attorney themselves to get money in the UK as they have moved to foreclosure and they will simply reposses and not try to get the money from my Mum's estate?

Just ignore it. It's only empty, idle threat (and wishful thinking). The truth is that they would not actually undertake any legal action (beyond foreclosure), even if you were here, on "this side of the pond", never mind with you being in the UK.

It's possible that this invoice was actually just a robo-generated (late) maintenance fee bill for CY 2022, without regard for (or perhaps even without any actual knowledge of) foreclosure proceedings having already been initiated. You were not on the deed to begin with, so sending you the maintenance fee bills was neither appropriate nor at all legally meaningful.

Don't give it another thought. There is no scenario in which they would ever initiate any legal action involving an estate situation, either here in the U.S. or there on the other side of the Atlantic Ocean. Rest assured that foreclosure will suffice for them and that will be the end of the matter.

 

[MarkA]

Just ignore it. It's only empty, idle threat (and wishful thinking). The truth is that they would not actually undertake any legal action (beyond foreclosure), even if you were here, on "this side of the pond", never mind with you being in the UK.

It's possible that this invoice was actually just a robo-generated (late) maintenance fee bill for CY 2022, without regard for (or perhaps even without any actual knowledge of) foreclosure proceedings having already been initiated.

Don't give it another thought. There is no scenario in which they would ever initiate any legal action involving an estate situation, either here in the U.S. or there on the other side of the Atlantic Ocean. Rest assured that foreclosure will suffice for them and that will be the end of the matter.

Brilliant, thank you.