Ex-Husband Put Starwood Timeshare Fees Into Arrears

[Charis Denny]

Hello!

I apologize if this becomes very lengthy, but I am in quite the pickle and I am hoping someone here can help me begin to grasp the lay of the land and what my options are here. Sooooo......years ago, when I was dating my now ex-husband, he decided on a whim to purchase a timeshare from Starwood for a resort in either Cancun or Cabo (I honestly don't remember which.) No offense intended to the timeshare enthusiasts in here, but he made this purchase against my intense protest because it didn't seem like a smart use of money to me. He did pay for the entire thing up front, minus the yearly maintenance fees, and he put me on the deed as co-owner.

We married, and after a couple of years, he went down a terrible downward spiral of mental illness and alcohol/drug abuse. I left him three years ago, but not after experiencing financial ruin due to all of his medical and legal bills from his various mishaps on the way down. (There was so much drama/trauma surrounding the situation, that it didn't even occur to me at the time to think about the timeshare and the fact that my name was on the deed.) I have only spoken to him once a year when he calls to tell my son (his former stepson) happy birthday, so I thought I was finally out of the woods.

But, ohhhh, no....this man is the gift that keeps on giving. I began receiving numerous phone calls from Vistana Signature, which I ignored because I assumed it was about a reservation he had made or something. Come to find out, he is in arrears for his 2019 maintenance fees. I got in touch with him, and he "doesn't have the bandwidth to deal with it", apparently because of his mental health and a severe downturn in his fortunes. So, I guess his plan is to just let it go into foreclosure?

I told him I would try to figure out his options, since I am obviously not super inclined to have a foreclosure on my just-beginning-to-recover credit report. I spoke to Vistana this morning, and they are sending me a packet of information to get the ball rolling to get my name off the deed. I have no idea how complicated of a procedure that is going to be, but I'm experiencing at least temporary relief that there is some sort of option there. But I don't know where to go from here. I've tried to do research, but I am so overwhelmed by all of the contrasting information.

Should I try to rent the timeshare out until he can get back on his feet? CAN I rent the timeshare if the fees are in arrears? He, of course, has a totally unrealistic idea of how much money he would want if he sold it (he said $10k), but I'm trying to convince him that if he can get out of it without any more money out of his pocket that he should do it. I saw the list of reputable brokers and other resources here on this site, but I'm wondering if someone can give me the name of someone specific who will be kind enough to help me understand my options and how to best move forward? I could care less about making any money on it, and hopefully, he will agree if I present him with something that will just make this go away for him. I can get him to send me all of the info and paperwork, but I don't have it yet.

I'll end my novel here, hopefully I have included enough info for someone to point me- if not in the RIGHT direction- at least in SOME direction. Thank you all in advance, I'm very grateful for any assistance you can give me.

 

[vacationtime1]

If this was purchased "years ago", it is the Westin Lagunamar which is actually a very nice resort.

Here is one resale website that will give you a reasonable idea of its resale value (obviously a lot less than the purchase price): www.Redweek.com

Do you have online access to his Vistana account? Can you set up online access? That would be the easiest way to determine the financial hole in which you may find yourself. But count yourself lucky: you are rid of him and you didn't finance the purchase.

Good luck.

 

[DeniseM]

Sorry for your trouble - no good news on this:

-You can't rent it when it's in arrears, but I would not be in a hurry to throw good money after bad to catch it up.
-There is far more supply than demand for rentals in Mexico, so you may find it hard to rent for even enough to cover the maintenance fee.
-To get rid of it, you will probably have to give it away - again, more supply than demand.
-The broker's fee may be more than the resale value, so brokers may not want to list it.

If your Ex will let you take your name off the deed - I would do that in a heart beat and wash your hands of it. Your Ex will have to agree to this and sign the Docs.

However, you don't need Vistana's permission or assistance for this, it just needs to be re-deeded in your Ex's name, and of course he has to cooperate/sign. Here is a reputable TS Title company (Tuggers) who can advise you on that - this may be a cheaper route for you than whatever Vistana will charge you to take your name off the deed:

L.T. Transfers
www.lttransfers.com
readylegal@gmail.com
706.219.2709

 

[SandyPGravel]

I can relate to your situation on some levels. Ex-husband, drugs, alcohol, mental illness, issues with debt collectors after divorce. But, I didn't have a timeshare with him.

In my case I was able to get out of any obligation that was his by proving we were divorced and that was his debt. That was an issue with credit cards he built up debt on after the divorce. But if your name is on the deed you might have more of an issue. I'm kinda surprised that Vistana is willing to work with you to get you off the deed.

Without getting to complicated with the time share lingo, he most likely bought at the Westin Lagunamar in Cancun which is a "voluntary resort". Basically that means on the resale market it has less value. He will NEVER get anything near what he paid for it to start with. That will be the hardest point to get across to a owner that was lied to (we all were) by the sales people. This purchase was not a break even let alone a make money prospect.

No, you can't rent out if the maintenance fees are in arrears.

You might ask a moderator of this blog to move this to the Vistana forum for more insight.

Congrats on finding TUG. You will find a wealth of knowledge on this site.

 

[bluehende]

Hopefully if he thinks this timeshare is so valuable he will give you no trouble deeding back your half to him. Just tell him it is your 5000 dollar gift to him for being so nice.

 

[DeniseM]

Good idea - present this as your gift to him and don't discuss the negatives.

 

[Cornell]

Hopefully if he thinks this timeshare is so valuable he will give you no trouble deeding back your half to him. Just tell him it is your 5000 dollar gift to him for being so nice.

This is seriously a great idea.

To the OP -- been there , done that with my ex husband. Not with a timeshare, but with EVERYTHING else you have described. I've been divorced for years and still get phone calls, mail, etc regarding new financial mishaps he's found himself in. It's so good to be free.

 

[chapjim]

OP says "ex-husband" but the rest of the narrative doesn't support that -- only that OP left him three years ago. It makes a world of difference if OP is divorced or just separated. If divorced, there should have been a property settlement and if it did not address the timeshare, OP should kick her divorce attorney's whatever.

 

[rickandcindy23]

Some divorces are no-fault and not much lawyering happens. That is how it is in Colorado.

 

[Sandy VDH]

If only 2019 is in arrears, you may want to find out from the resort what it might take to just bring it back up to date. There might be a late fees, and some interest but it may not be bad.

Question is do you want a timeshare?

 

[WVBaker]

To our original poster.

I'm sure many will feel your pain and understand, to at least some degree, what you're going through. As for the timeshare, there is no better place than this group, to explain your options with it.

Having said that, and regarding that Deed, my advise would be to find some affordable legal help for the answers to your questions regarding ownership. Property laws in your situation can vary greatly from state to state. There may be simply not one answer that will fit your needs. As you're finding out, any divorce, if that's case, can be filled with complications and disdain. This really isn't the time for conjecture.

I commend you for considering your credit and what this can do it. You need proper advice to, first and foremost, get your name off that Deed. You may wish to check your credit reports with each leading agency and make sure that this has not yet been reported. If it has, there are steps that need to be taken.

Good Luck.

 

[bogey21]

I spoke to Vistana this morning, and they are sending me a packet of information to get the ball rolling to get my name off the deed.

Pursue this with vigor. Say/do anything to get your name off the Deed. Period. End of story...

George

 

[chapjim]

Some divorces are no-fault and not much lawyering happens. That is how it is in Colorado.

In such cases, how is property divided?

OP's post makes it unclear whether she is divorced or merely separated. If divorced, regardless of whether the divorce was contested, there should have been a division of property and the division of property should have addressed the timeshare.

If OP is merely separated, the timeshare is still jointly owned, which explains her dilemma.

 

[bluehende]

From the original post

Sooooo......years ago, when I was dating my now ex-husband

ex husband certainly implies divorce. If only separated it would not be ex yet.

It is hard to believe that in a divorce the "10,000" dollar asset would be ignored. Hopefully OP has something here.

 

[chapjim]

From the original post

Sooooo......years ago, when I was dating my now ex-husband

ex husband certainly implies divorce. If only separated it would not be ex yet.

It is hard to believe that in a divorce the "10,000" dollar asset would be ignored. Hopefully OP has something here.

Well, I understand what "ex-husband" means. The uncertainty is raised by "I left him three years ago," which sounds more like a separation (which of course likely preceded a divorce, if there was one).

The asset is in fact a liability that should not have been ignored.

 

[presley]

I spoke to Vistana this morning, and they are sending me a packet of information to get the ball rolling to get my name off the deed.

That's great and I'd do whatever was needed to get the name off ASAP.

I looked at the completed auctions on Ebay for the Cancun location. They sold from $2.25 - $1150. and several didn't sell at all.

I wouldn't try to pay it and then rent it to help him out. Get your name off and let it go into foreclosure. If he believes he can sell it for $10K that's his distorted reality. Let him pursue that and let him keep all the money to himself. You shouldn't invest any time or money into it. Focus on getting out of it as soon as you can with the least amount of trouble/rumination on your part.

 

[dioxide45]

I too am surprised that Vistana would assist with the transfer of ownership with MF in arrears. In the end, they may not. You usually can't transfer ownership if there are back unpaid fees. Vistana would rather have two people to chase for the money than one.

It should also be pointed out that this is in Mexico and there is no deed. Just a certificate of ownership I believe. So transfer may be easier. If the divorce decree indicated that this asset was to go to the now ex husband, they may be willing to do the transfer as it should have been done at the time of the divorce. If mention of it is absent in the divorce, there is nothing saying that they have to permit the transfer.

It also seems that he paid in cash for the timeshare week, no no mortgage that they would foreclose on. What really happens in Mexico when you don't pay MF on a fully paid timeshare property? Is there a foreclosure process on RTU? Does lagunamar record a UCC in the US when one buys at Lagunamar? I know in Spain Marriotts, if you stop paying, the ownership reverts back to either Marriott or the HOA after a certain number of years on arrear.

 

[OldGuy]

When I first read this, I was gonna say, "Wow! You folks are really a mess."

But I didn't.

 

[Charis Denny]

Wow! Sorry for my lack of response, I stopped getting alerts for some reason and didn't realize there were so many comments.

First of all, thank you for all of the compassion and empathy. I was expecting some good advice, but I wasn't expecting that- so, thank you.

Regarding all of the questions regarding the divorce v. separation: We were, in fact, married, and are now divorced. We divorced in Colorado, and literally did our divorce online. He did not contest the divorce because he was very busy trying to kill himself with opiates and alcohol, and we didn't even have to go to court. We had no shared assets at all- other than this damned timeshare! We had a joint bank account, but also had separate accounts. All other property was in our individual names. The timeshare didn't get addressed in the divorce because, frankly, I forgot about it. I never spent a penny on it, never saw any paperwork on it, and only went to the resort once. So, yeah, it was my oversight, but with the sheer insanity happening around me at the time I'm just glad that's the worst thing I forgot. The clincher of it all, though, is that we were only dating when he bought it. I could have avoided this whole mess by just declining to be put on the deed. UGH.

 

[Charis Denny]

I'm going to compile some of the advice on this thread and send it to him, and this is going ON TOP!

I can relate to your situation on some levels. Ex-husband, drugs, alcohol, mental illness, issues with debt collectors after divorce. But, I didn't have a timeshare with him.

In my case I was able to get out of any obligation that was his by proving we were divorced and that was his debt. That was an issue with credit cards he built up debt on after the divorce. But if your name is on the deed you might have more of an issue. I'm kinda surprised that Vistana is willing to work with you to get you off the deed.

Without getting to complicated with the time share lingo, he most likely bought at the Westin Lagunamar in Cancun which is a "voluntary resort". Basically that means on the resale market it has less value. He will NEVER get anything near what he paid for it to start with. That will be the hardest point to get across to a owner that was lied to (we all were) by the sales people. This purchase was not a break even let alone a make money prospect.

No, you can't rent out if the maintenance fees are in arrears.

You might ask a moderator of this blog to move this to the Vistana forum for more insight.

Congrats on finding TUG. You will find a wealth of knowledge on this site.

 

[Charis Denny]

I too am surprised that Vistana would assist with the transfer of ownership with MF in arrears. In the end, they may not. You usually can't transfer ownership if there are back unpaid fees. Vistana would rather have two people to chase for the money than one.

It should also be pointed out that this is in Mexico and there is no deed. Just a certificate of ownership I believe. So transfer may be easier. If the divorce decree indicated that this asset was to go to the now ex husband, they may be willing to do the transfer as it should have been done at the time of the divorce. If mention of it is absent in the divorce, there is nothing saying that they have to permit the transfer.

It also seems that he paid in cash for the timeshare week, no no mortgage that they would foreclose on. What really happens in Mexico when you don't pay MF on a fully paid timeshare property? Is there a foreclosure process on RTU? Does lagunamar record a UCC in the US when one buys at Lagunamar? I know in Spain Marriotts, if you stop paying, the ownership reverts back to either Marriott or the HOA after a certain number of years on arrear.

Now THIS is interesting! There is definitely no mortgage, so I need to look into what happens when just the fees aren't paid. I would be more than happy for them to just take it back. Do you happen to have any ideas how I might find this out? I feel like if I try to call the timeshare people they aren't going to give me a straight answer.

 

[dioxide45]

Now THIS is interesting! There is definitely no mortgage, so I need to look into what happens when just the fees aren't paid. I would be more than happy for them to just take it back. Do you happen to have any ideas how I might find this out? I feel like if I try to call the timeshare people they aren't going to give me a straight answer.

First, if Vistana will let you transfer whole ownership to your ex, I would do that. If they won't, then talk to them about what happens if fees go unpaid with the Mexican timeshare.

 

[OldGuy]

There is definitely no mortgage, so I need to look into what happens when just the fees aren't paid.

I've skipped a few posts, but that's what you said in the OP, that your ex had not paid maintenance fees.

Did I miss something?

You say you have talked to Vistana, but you say you have gotten phone calls from Vistana Signature. Are you talking to a resort owners' association, the resort that the maintenance fee is owed to?

I ask because different resorts do different things about delinquent fees, but one thing in common is that they all do something.

 

[Charis Denny]

First, if Vistana will let you transfer whole ownership to your ex, I would do that. If they won't, then talk to them about what happens if fees go unpaid with the Mexican timeshare.

I am FOR SURE pursuing all possible options for getting my name off the deed and washing my hands of the situation altogether. That is Objective #1. I'm just trying to understand the general situation more so I know my options if the timeshare company won't let me do that. But hopefully Objective #1 is the end of this road for me!

 

[Charis Denny]

I've skipped a few posts, but that's what you said in the OP, that your ex had not paid maintenance fees.

Did I miss something?

You say you have talked to Vistana, but you say you have gotten phone calls from Vistana Signature. Are you talking to a resort owners' association, the resort that the maintenance fee is owed to?

I ask because different resorts do different things about delinquent fees, but one thing in common is that they all do something.

I honestly have no clue who I talked to.... I just called the number that they left me on the voicemail. I assume it's whomever he owes money to calling, right? It didn't occur to me that it could be anyone different. I can probably find that out, though.