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IFeelScrewed

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Good morning Ya'll,

Like a lot of people (though that doesn't make me feel any better) I fell for the BlueGreen sales pitch. We planned to say no so we didn't do any through research beforehand and by the time a big enough red flagged hit us it was already passed the rescind time.

If interested in what we have: 7,000 points for $18000 and the Traveler Plus. We bought in Missouri and the vacation week# is 2210Z/3F (<--I don't understand what that means)
Maintenance fees & Club dues: 591.50+159
Bonuses we got are:
- 4000 points activate next Oct 2024
- Extra Vacation getaway cert (enjoy (1) 7 night vacation per year for 3 years through Resort Rental, LLC at select resorts at which PR has inventory, etc...)
- Roundtrip airline cert for 2 coach-class airfare tickets (once made the first 6 monthly payments, turn in postcard, takes 6 weeks for delivery of airline cert package, then can book but will have to pay government taxes, carrier and agency imposed fees)
- Maintenance fee & Club dues waiver cert (offers to waive your obligation to pay the first 6 months of fees & dues) IF pay first 6 months payments of principal and interest in connection with your purchase moneu promissory note in a timely manner or pay off your purchase money promissory note in full within 6 months from date of purchase)


What the big part of the pitch that sucked us in was the idea that we could save points and after we adopted children we would have all these saved up points to use for trips with them. And that RCI also had destinations for campgrounds, cabins, RVs, etc that aren't a basic hotel and the big pro for BlueGreen Hotels was that each unit had a stove and bigger units had washer and dryer. Sidenote: the house we are currently living in doesn't have enough space to adopt so we can't start the process until after we can afford a bigger house. I stupidly was waiting to get my account access to the website so I can see the sites that RCI offers when I read online somewhere that it cost $50 to rollover BG points and you can only rollover for a year. Then read that to transfer to RCI it cost even more money to do that and that the ratio is so bad that it isn't even worth it. That's when I saw that there was no way out except to rescind but of course I was pass that date. I called customer service and they recommended sending it anyway with all the free vouchers. I did that and then was called from customer care management and he gave me my 3 options (transfer to someone else/sell through resell company/default). So now I don't even have the airline postcard and I can't get out. Then learning I could have bought this from another person by basically paying the transfer ownership cost really hit me hard, that basically showed that paying 18,000 (plus interest) is a waste and valueless.

I feel I have two best-ish options:
1. Stay in for 8 months to 2 years. If I do less than a year then I could use the Maintenance fee/Club due waiver (though I'm not clear on how that works), the airline cert (if I can get postcard back), and 1 extra vacation getaway. If more than year then I get a bonus 4000 pts and another extra vacation getaway. But then the interest is accumulating rapidly since it's 15.99% (I thought I could refinance but not seeing much lower elsewhere). Then bite the bullet and default. I don't think that would be enough time for us to save up and buy a bigger house and adopt children. And I don't know how much impact defaulting would have on us buying a new house and adoption process.

2. Default now. The foreclosure would occur per Missouri laws so it would be mortgage foreclosure deficiency, 10 years statue of limitation, and nonjudicial (still trying to learn what all that means). They would go to nonjudicial so no court appearance and since I wouldn't argue against then the deed would go to foreclosure and they would 'attempt' to sell it to re-coop the loan debt. Both of our credit scores would take a hit. And the debt collectors would come after us for the remaining balance following Wisconsin laws. Idk what other actions BlueGreen can take. This statement in the contract has us worried "Purchaser shall be liable for lendor's reasonable attorney fees and costs incurred by it by virtue of any litigation as to the parties' rights hereunder if any of the lender is the prevailing party". And depending on how things go it could lead to filing a bankruptcy. Plus we would look into hiring a debt collection lawyer. Have to work on building up our credit score before we can try to get a bigger house and adopt.


I would love to hear about similar situations and how they ended. Also what people would do in my situation. Any advice on moving forward would be appreciated!

Hopefully the responses will also help other people that don't want to spend time writing paragraphs, lol.
 

CalGalTraveler

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Welcome to TUG. There is a rescission period where you can rescind the purchase within 5 - 10 days of signing. The time depends on the state. Look at the contract. Have all people who signed the contract sign the rescission letter and mail certified or with tracking to the address indicated on your contract (usually near the back). The date stamp of when you mailed from the U.S. post office is most important. Not when they receive notice.

Hurry. Do not wait to send this rescission.

Even if you are outside of this period and haven't paid anything, then you can try it. I am not familiar with Bluegreen so don't know if they will be difficult.

Here is the credit drop/tracking data points we have for Bluegreen:


Below is the link to the Missouri Law. Note the law where the timeshare deed applies is the state where the laws are applicable - not where you live. If you bought points in a land trust, then the law has not been challenged in a court of law and is not defined.

There could be an argument that if there are any deeds in the land trust that are in California, South Carolina or Florida then perhaps Missouri law would not apply and California or Florida law should apply since those are more consumer friendly states which have anti-deficiency laws.. However we are not lawyers and you should seek legal advice. This means that they could potentially garnish your wages for payment.

Missouri – MO, MO uses non-judicial foreclosures, but resort can pursue judicial, deficiency action afterwards: https://revisor.mo.gov/main/OneSection.aspx?section=407.600&bid=23110&hl= (407.600 to 407.630)

Do not pay any upfront exit companies to get out of your timeshare. They are scams and will do no more than what we are describing here and you may still be liable and out more money than before.

Good luck. Please share back what you decided an how it turned out to pay it forward to others in a similar situation.
 
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IFeelScrewed

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Welcome to TUG. There is a rescission period where you can rescind the purchase within 5 - 10 days of signing. The time depends on the state. Look at the contract. Have all people who signed the contract sign the rescission letter and mail certified or with tracking to the address indicated on your contract (usually near the back). The date stamp of when you mailed from the U.S. post office is most important. Not when they receive notice.

Hurry. Do not wait to send this rescission.

Even if you are outside of this period and haven't paid anything, then you can try it. I am not familiar with Bluegreen so don't know if they will be difficult.

Here is the credit drop/tracking data points we have for Bluegreen:


Below is the link to the Missouri Law. Note the law where the timeshare deed applies is the state where the laws are applicable - not where you live. If you bought points in a land trust, then the law has not been challenged in a court of law and is not defined.

There could be an argument that if there are any deeds in the land trust that are in California, South Carolina or Florida then perhaps Missouri law would not apply and California or Florida law should apply since those are more consumer friendly states which have anti-deficiency laws.. However we are not lawyers and you should seek legal advice. This means that they could potentially garnish your wages for payment.

Missouri – MO, MO uses non-judicial foreclosures, but resort can pursue judicial, deficiency action afterwards: https://revisor.mo.gov/main/OneSection.aspx?section=407.600&bid=23110&hl= (407.600 to 407.630)

Do not pay any upfront exit companies to get out of your timeshare. They are scams and will do no more than what we are describing here and you may still be liable and out more money than before.

Good luck. Please share back what you decided an how it turned out to pay it forward to others in a similar situation.
Thank you for responding!
I was beyond the rescission period and I did send in a letter with both signatures but the customer care manager would only offer those 3 options and me not evening having a login yet and becoming jobless had zero impact.

I looked at the credit report, I accepted I would probably get a hit to our credit scores and have debt collectors coming. But learning how much points lost on credit I can't figure. And what happens after the debt collects start harassing.

Are you saying that for Missouri they would non-judicial foreclosure and once that is settled go after me judicial, deficiency action? I am confused about that. I would think that once the non-judicial foreclosure has completed that I would no longer own the deed in Missouri. That debt collectors would come after me in Wisconsin via WI laws.

I do not plan to pay any exit companies, I definitely learned that from this forum. Am looking into debt collection lawyers (NOT timeshare specific lawyers) to try to understand that portion.
 

MK15

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Ugh. I don’t know much about Bluegreen, and I definitely can’t provide legal advice. I just wanted to say anyway that I’m sorry you’re going through this. When you’re trying to adopt, the last thing you need is the choice between spending thousands on a timeshare when you have other priorities, and borking your credit, which depending on where you live can also impact adoption approval.

I hope you’re able to get good advice here and figure out something that works best for you!
 

IFeelScrewed

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Ugh. I don’t know much about Bluegreen, and I definitely can’t provide legal advice. I just wanted to say anyway that I’m sorry you’re going through this. When you’re trying to adopt, the last thing you need is the choice between spending thousands on a timeshare when you have other priorities, and borking your credit, which depending on where you live can also impact adoption approval.

I hope you’re able to get good advice here and figure out something that works best for you!
Thank you, it's been really hard mentally thinking that it will impact our hopes of starting a family. For all the hardships I went through in the military, I hadn't ever had thoughts of what life would be like if I hadn't joined. But this situation has made me reflect on that, I lost over half my pay joining and the people I worked with my age all have there families going and debating about getting better homes. And then there is me, taking the steps to get there and then jumped into a timeshare hole.
 

IFeelScrewed

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Has anyone tried to say that their timeshare contract was signed under fraud, misrepresentation or any other issues and the Company pushed for an Arbitrator to resolve your dispute with them?
 

Patri

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Whatever is in writing is all that holds up. Whatever is only verbal doesn’t matter. It is a foregone conclusion that timeshare sales staff lie. Buyer beware.
Give more details on what happened, but you are probably stuck.
 

Janann

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The rest of the story is here:

 

4TimeAway

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And then there is me, taking the steps to get there and then jumped into a timeshare hole.
I’m sorry it happened to you, but I always hold out hope that from seeming misfortune we become more alert to opportunities and think a bit more deeply about risks vs rewards.

Everyone makes bad decisions from time to time and pays a stupid tax (Dave Ramsey).

The trick is to learn, recover and advance. You can’t let some stupid timeshare crap get you down.

Change is hard. Hell I need to go the gym. Who knows, maybe you can use this to get fed up and engage?
 

4TimeAway

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You might seek legal cousel and see if there are any other ideas. An attorney specializing in timeshares, contract law, real estate, might be able to help, but I have no idea where to start.

Maybe they didn't give you the paper work, or there was some other reason you didn't notice the rescind period timeline.


Please keep us posted if you make any progress.
 

TUGBrian

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if you are considering defaulting on a hefty loan balance, you should at least get a free consultation from an attorney in your state that specializes in DEBT COLLECTION law.

they will be able to explain exactly what if any potential consequences can arise from stopping payment.


the foreclosure and any judgement would happen in the state the timeshare deed exists in, while an attempt to collect on a judgement would have to eventually abide by collections laws in the state you live in.
 

IFeelScrewed

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What did you want them to do instead of going to an Arbiter?
Besides just void the contract? lol.
Foreclosure so they take the damn thing back. But I don't understand if that would involve arbitrator or if that is done differently. With arbitrator, the contract says I have to pay their fees and it occurs in Florida. While them requesting foreclosure I though would occur in Missouri since that's where the contract was signed.
 

IFeelScrewed

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if you are considering defaulting on a hefty loan balance, you should at least get a free consultation from an attorney in your state that specializes in DEBT COLLECTION law.

they will be able to explain exactly what if any potential consequences can arise from stopping payment.


the foreclosure and any judgement would happen in the state the timeshare deed exists in, while an attempt to collect on a judgement would have to eventually abide by collections laws in the state you live in.
Definitely looking into Debt Collection lawyers. It seems foreclosure is the only way out even if the loan is paid so I figure foreclosure now since I don't want it at least maybe when they resale it I might have less debt verse paying the whole thing.
Plan to start checking my credit rating (through my bank it doesn't hurt my rating to look) and once I see it get hit by debt collections then I'll look into how to pump it back up.
 

IFeelScrewed

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Whatever is in writing is all that holds up. Whatever is only verbal doesn’t matter. It is a foregone conclusion that timeshare sales staff lie. Buyer beware.
Give more details on what happened, but you are probably stuck.
We do have written notes and a paper where we wrote why we like this purchase. And what we wrote shows their lies. It's the only written I can show for lies. We will see if it has any impact
 
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