Ex won’t relinquish co-ownership

[Talent312]

But can they only foreclose on my half? He’s still on the deed as co-signer.

As I said, they will name both of you as defendants. Your names will appear together on the pages of the foreclosure complaint. He may hire a lawyer to respond to the suit, or not. You can either default or answer the complaint. They may use a non-judicial procedure fast-tracks the process and no deficiency judgment is issued.

Every state has local non-profit legal aid organizations for peep who cannot afford attorneys.
Check www.nolo.com 's "legal aid" section, or look at www.yellowpages.com for your city.
Or a clerk's office at a courthouse may have brochures for one.
.

 

[WVBaker]

Unfortunately I can't see that happen. If all are on the deed, all get sued.

As has been said, call the management company and try to work something out. If not, call an lawyer but as you know, that's additional expense.

 

[TS1969]

Thank you. My mom died from cancer 5 years ago. My dad just passed in a car accident recently so really haven’t had the time to put anything in my name.

My ex would never agree to paying one red cent. I’ve asked every question to him and his only response has only been to ‘f**k off.

It’s a good idea. I’ll change my screen name. Thanks for the advice.


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Stupid question. How do I change my screen name?


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[GT75]

Stupid question. How do I change my screen name?

Not a stupid questions, I sent a PM to you.

 

[TS1969]

Not a stupid questions, I sent a PM to you.

Thank you! I messaged them.


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[theo]

My take is that OP has little (maybe no) money and has zero assets in her name. How do you propose she pay an attorney... George

With all due respect, most decent attorneys would not charge her a dime for an initial consultation, but would at least provide some general guidance and / or suggestions in that conversation.

A timeshare forum is no place for (and no substitute for) competent legal advice. I am aware of your apparent disdain for lawyers, as revealed in these forums in the past George, but with no offense or disrespect intended, some legal matters are just simply "above the pay grade" of most laymen (despite their "timeshare experience"), at least in my personal opinion. Your mileage may vary

 

[TS1969]

She can't sell it or give it away w/o her ex signing the deed.
She can't even do a give-back or deed in lieu of foreclosure.
The only way out is a "friendly" foreclosure.

If they try to collect past-due fees, they'll likely find that she's
"judgment proof" (meaning no assets to seize). Or she could
file Bankruptcy. I know of one ex who used Bankruptcy to turn
their creditors loose on the other spouse.

I’ve thought about a bankruptcy. I know an attorney who’d help me out with one at lower than cost. The timeshare has racked up charges on me that costs more than a normal bankruptcy would cost. That, I’m assuming, would get me out from under it then Hilton could just go after ex, right?


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[bogey21]

A timeshare forum is no place for (and no substitute for) competent legal advice. I am aware of your apparent disdain for lawyers, as revealed in these forums in the past George, but with no offense or disrespect intended, some legal matters are just simply "above the pay grade" of most laymen (despite their "timeshare experience"), at least in my personal opinion.

I have no problem and take no offense at all with what you say...

George

 

[pedro47]

To the OP, are you near any universities that have a law school? You can contact them for free legal assistance, suggestions or advice.

 

[TS1969]

To the OP, are you near any universities that have a law school? You can contact them for free legal assistance, suggestions or advice.

The timeshare is in Florida and I live in North Georgia, so nowhere close. But thanks for the advise.


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[TS1969]

To the OP, are you near any universities that have a law school? You can contact them for free legal assistance, suggestions or advice.

I will check. Thanks for the suggestion.

Another sleepless night worrying about this.


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[TS1969]

I have no problem and take no offense at all with what you say...

George

Pedro47 suggested a university, which seems like a good idea to me. What do you think? I don’t have a job, no money, no assets (thinking about putting the home my parents left me in my husbands name) just so I won’t take a chance on them coming after that if they sue me. But ex is also on the deed, so it seems they’d go after him too. If he hired an attorney, it would only show he’s always been in contempt since he never turned the ts over to me in the divorce by getting his name off of it with a quit claim. Then sent Hilton the divorce decree 7 years later, it was so easy for them to put me as the main signer and him the co-signer. If it were that easy with a 7 year old divorce decree, can I just go online and switch it back and give them his address, etc.?

Another sleepless night that’s turning into anxiety attack over this. 10 years going on like this has just trapped me in a prison so to speak.

I appreciate the advise more than you know.


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[TS1969]

Pedro47 suggested a university, which seems like a good idea to me. What do you think? I don’t have a job, no money, no assets (thinking about putting the home my parents left me in my husbands name) just so I won’t take a chance on them coming after that if they sue me. But ex is also on the deed, so it seems they’d go after him too. If he hired an attorney, it would only show he’s always been in contempt since he never turned the ts over to me in the divorce by getting his name off of it with a quit claim. Then sent Hilton the divorce decree 7 years later, it was so easy for them to put me as the main signer and him the co-signer. If it were that easy with a 7 year old divorce decree, can I just go online and switch it back and give them his address, etc.?

Another sleepless night that’s turning into anxiety attack over this. 10 years going on like this has just trapped me in a prison so to speak.

I appreciate the advise more than you know.


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I’m sorry, the divorce decree is from 2010 - not 7 years ago.


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[TS1969]

Pedro47 suggested a university, which seems like a good idea to me. What do you think? I don’t have a job, no money, no assets (thinking about putting the home my parents left me in my husbands name) just so I won’t take a chance on them coming after that if they sue me. But ex is also on the deed, so it seems they’d go after him too. If he hired an attorney, it would only show he’s always been in contempt since he never turned the ts over to me in the divorce by getting his name off of it with a quit claim. Then sent Hilton the divorce decree 7 years later, it was so easy for them to put me as the main signer and him the co-signer. If it were that easy with a 7 year old divorce decree, can I just go online and switch it back and give them his address, etc.?

Another sleepless night that’s turning into anxiety attack over this. 10 years going on like this has just trapped me in a prison so to speak.

I appreciate the advise more than you know.


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Also, how do forecloses work?


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[GT75]

(thinking about putting the home my parents left me in my husbands name

I wouldn't do that.

 

[pedro47]

How far are you from Macon or Atlanta , Georgia?

 

[RX8]

can I just go online and switch it back and give them his address, etc.?

There really isn’t anything to switch back. Whoever is considered primary on the account doesn’t make them any more liable than the other parties on the deed.

Although this is no doubt stressful you have stated that you have no job and no assets. if you can’t afford tell HGVC, and as I suggested before, make sure they have your ex’s info. If no payments are made they will foreclose. In simple terms lenders can foreclose in a manner that is either cheap or expensive for them. The only way for a lender to retain any deficiency rights is to foreclose expensively. Most, if not all, choose the cheap route to get the deed back in their hands so they can resell it. Do what you need to do and move on.

Note this is not legal advice but free internet advice which is probably not worth the price paid.

 

[Iggyearl]

Thank you. I will provide his information for them. He just turned this over to me 3 years ago, after he had it 7 years. I was scared to death so I charged the last years fees and paid them off on my credit card. He turned it over to my name (after a 7 year old divorce decree), so what am I supposed to to do now? I think I’m just scared that I’ll loose everything: and the house my dad left me after he died.


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Not really sure how your ex UNILATERALLY turned the timeshare over to you 3 years ago. Seems impossible. Anyways, the WORST that can happen to you is that Hilton will foreclose on your interest and you will take a credit hit. You mentioned that you don't care about your credit score right now, so that should not be a problem. Florida is a non-deficiency state. The timeshare company can only take back your interest in the timeshare. They can't go after any other assets. They may yell and scream, but you can ignore them. I would ignore their requests for any payments. If you did not accept any liability 3 years ago, you should not have any now. Ignore your ex, ignore any mail, and don't answer their phone calls. This process will take some time - and patience on your part. The best thing that could happen is that you will be offered a deed in lieu of foreclosure. That means you give back your interest in the timeshare. You are in a fragile state, thanks to a belligerent ex-spouse and a relentless timeshare company. Take some stock in yourself and realize this whole thing is temporary. This is just a bump on the highway of life.

 

[TDub1313]

Not really sure how your ex UNILATERALLY turned the timeshare over to you 3 years ago. Seems impossible. Anyways, the WORST that can happen to you is that Hilton will foreclose on your interest and you will take a credit hit. You mentioned that you don't care about your credit score right now, so that should not be a problem. Florida is a non-deficiency state. The timeshare company can only take back your interest in the timeshare. They can't go after any other assets. They may yell and scream, but you can ignore them. I would ignore their requests for any payments. If you did not accept any liability 3 years ago, you should not have any now. Ignore your ex, ignore any mail, and don't answer their phone calls. This process will take some time - and patience on your part. The best thing that could happen is that you will be offered a deed in lieu of foreclosure. That means you give back your interest in the timeshare. You are in a fragile state, thanks to a belligerent ex-spouse and a relentless timeshare company. Take some stock in yourself and realize this whole thing is temporary. This is just a bump on the highway of life.

Do this. Best advice you are going to get.

 

[CalGalTraveler]

+1 you are in luck that this property is in Florida. See the TUG sticky on timeshare laws for Florida below. Biggest item is that you should not object to the foreclosure as that could turn this into a judicial deficiency and they could go after your assets.

If you don't object to foreclosure (i.e. do not pay, do not talk to them, do not respond) all they can do is take back the timeshare because Florida is an anti-judicial, anti-deficiency state. Of course if your ex objected he would get hit harder because he has deep pockets. I would still find a lawyer to go over your strategy given a divorce is involved and you cannot control his response. But HGV will be more interested in going after him than you.

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

[ 2019 ] anyone has stopped paying maintenance fees, what happened ?

i am trying to get an answer from someone who has actually stopped paying maintenance fees , so unless you are the one , please keep speculation to yourself .secondly i am referring specifically about HOA fees , NOT mortgage payments that i completely understand the consequences . help will be...

tugbbs.com

Is this timeshare paid off? If it is only behind in MF your credit may not even be impacted. Good luck!

 

[Talent312]

A foreclosure is enforcement of the lien on the property.
It "closes" the claims of anyone who may have an interest in the property.

Your squabble with your ex over who 'owns' it or the 'primary' matters not.
Not one red cent. Their foreclosure will throw both of you out, equally.
If anyone doesn't want that to happen, they need to settle up with HGVC.

HGVC may hassle you some more. Throw the letters away. Hang up on 'em.
Eventually, they'll get the message that they can't get blood out of a turnip.
They'll either write it off or go after your ex. Either way, it'll be over for you.
------------------------
BTW, your ex a house would be foolish. I'd sat something else, but too polite.

 

[pedro47]

Have you contacted legal aide for advice.?

 

[TS1969]

+1 you are in luck that this property is in Florida. See the TUG sticky on timeshare laws for Florida below. Biggest item is that you should not object to the foreclosure as that could turn this into a judicial deficiency and they could go after your assets.

If you don't object to foreclosure (i.e. do not pay, do not talk to them, do not respond) all they can do is take back the timeshare because Florida is an anti-judicial, anti-deficiency state. Of course if your ex objected he would get hit harder because he has deep pockets. I would still find a lawyer to go over your strategy given a divorce is involved and you cannot control his response. But HGV will be more interested in going after him than you.

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

[ 2019 ] anyone has stopped paying maintenance fees, what happened ?

i am trying to get an answer from someone who has actually stopped paying maintenance fees , so unless you are the one , please keep speculation to yourself .secondly i am referring specifically about HOA fees , NOT mortgage payments that i completely understand the consequences . help will be...

tugbbs.com

Is this timeshare paid off? If it is only behind in MF your credit may not even be impacted. Good luck!

That was awesome advice! Thank you so much. I will just ignore them as I’ve been doing over the past 2 years. The ts is paid off many years now and my credit is already shot, so that’s no concern to me. My biggest concern was them trying to sue me for my property so thanks for addressing that. This is just one big nightmare so thank you again for your advise


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[TS1969]

Have you contacted legal aide for advice.?

No I haven’t.


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[CalGalTraveler]

@TS1969 I would still recommend discussing this strategy with legal aid because your ex could object and they could come after both of your assets because his objection could turn this into a deficiency judgment. OTOH they may see your bad credit and decide that they would pay more in lawyers than they could recoup and would focus on recouping from your millionaire ex. He has much more to lose than you. However we are not lawyers and do not know the details of your assets. Depending on the state the lawyer may advise you to declare bankruptcy to protect your home and retirement funds.