Exit company not performing

[TUGBrian]

there has been no recorded instance of that ever happening....despite the thousands if not TENS of thousands of owners who default every year.

 

[easyrider]

there has been no recorded instance of that ever happening....despite the thousands if not TENS of thousands of owners who default every year.

This is true regarding defaulting on a timeshare or vacation club membership because the company is only allowed to foreclose on the debt for the most part.

This is false regarding a timeshare exit attorney because an attorney can place verbiage in the contract allowing them a voluntary lien to the clients home for non-payment. While considered unethical , timeshare exit companies can use predatory tactics which include high fees and contractual demands such as a voluntary lien for nonpayment.

I haven't heard of this as actually happening and no one has reported this happening here that I've seen. Can it happen is a yes, it's possible. Does it happen is a IDK and IDC. I wouldn't use an exit company so it will never be my problem.

Bill

 

[TUGBrian]

It is fascinating you can claim something as false in one line, and then in the line below it admit you have no idea if it happens or not. (despite literally no evidence of it ever happening)

these threads are intended to help people make really hard decisions, not confuse them even more with conjecture.

 

[easyrider]

It is fascinating you can claim something as false in one line, and then in the line below it admit you have no idea if it happens or not. (despite literally no evidence of it ever happening)

these threads are intended to help people make really hard decisions, not confuse them even more with conjecture.

The first thing that needs to be looked at is the contract between the attorney and client. I've never seen a contract regarding a timeshare exit attorney and the client. If the contract has the right verbiage and the client agrees and signs the contract, the attorney would have the right to what ever the contract stipulates for non-payment. This would be a voluntary lien as both parties agreed to it and because it's a voluntary lien it bypasses the Court for a Judgement.

Yes, I think its entirely possible for an unethical attorney to do and my opinion of most timeshare exit attorneys is they are unethical and their business model is predatory. I think telling anyone that asks if they should not pay a timeshare exit attorney should be told to read their contract because it's different than walking away from timeshare ownership debt.

Here is a couple AI overviews.

Bill

AI Overview 1

An attorney can place a lien on a client's house (a "charging lien") to secure payment for legal services, provided the fee agreement explicitly authorizes it and complies with state ethics rules
. This lien attaches to real property or, more commonly, the proceeds of a judgment/settlement, ensuring the attorney is paid from the funds they helped secure.

Key Aspects of Attorney Liens on Real Estate:

• Contractual Requirement: In many jurisdictions, such as California, an attorney’s lien on a client’s property must be agreed upon in the fee contract.
• Recording the Lien: While a charging lien may take effect upon signing a contract, recording the notice in the county recorder's office where the property is located is necessary to protect it against other creditors.
• Purpose: These liens are typically used to secure payment for hourly fees or contingency fees.
• Dispute Resolution: If a client disagrees with the lien, they can negotiate directly with the attorney, request a fee arbitration, or file a motion to discharge the lien.
• Ethical Constraints: The attorney must still comply with ethical rules regarding charging reasonable fees and not taking an unfair interest in client property.

AI Overview 2

An attorney can place a lien on your house to secure payment for unpaid legal fees, often referred to as a "charging lien" . This creates a security interest in your property equity, meaning you will likely have to pay the debt when selling or refinancing.
California State Portal | CA.gov +2

 

[davidvel]

The first thing that needs to be looked at is the contract between the attorney and client. I've never seen a contract regarding a timeshare exit attorney and the client. If the contract has the right verbiage and the client agrees and signs the contract, the attorney would have the right to what ever the contract stipulates for non-payment. This would be a voluntary lien as both parties agreed to it and because it's a voluntary lien it bypasses the Court for a Judgement.

Yes, I think its entirely possible for an unethical attorney to do and my opinion of most timeshare exit attorneys is they are unethical and their business model is predatory. I think telling anyone that asks if they should not pay a timeshare exit attorney should be told to read their contract because it's different than walking away from timeshare ownership debt.

Here is a couple AI overviews.

Bill

AI Overview 1

An attorney can place a lien on a client's house (a "charging lien") to secure payment for legal services, provided the fee agreement explicitly authorizes it and complies with state ethics rules
. This lien attaches to real property or, more commonly, the proceeds of a judgment/settlement, ensuring the attorney is paid from the funds they helped secure.

Key Aspects of Attorney Liens on Real Estate:

• Contractual Requirement: In many jurisdictions, such as California, an attorney’s lien on a client’s property must be agreed upon in the fee contract.
• Recording the Lien: While a charging lien may take effect upon signing a contract, recording the notice in the county recorder's office where the property is located is necessary to protect it against other creditors.
• Purpose: These liens are typically used to secure payment for hourly fees or contingency fees.
• Dispute Resolution: If a client disagrees with the lien, they can negotiate directly with the attorney, request a fee arbitration, or file a motion to discharge the lien.
• Ethical Constraints: The attorney must still comply with ethical rules regarding charging reasonable fees and not taking an unfair interest in client property.

AI Overview 2

An attorney can place a lien on your house to secure payment for unpaid legal fees, often referred to as a "charging lien" . This creates a security interest in your property equity, meaning you will likely have to pay the debt when selling or refinancing.
California State Portal | CA.gov +2

As if these exit scammers are licensed attorneys. Your AI fails you again, though. Attorney liens on real property that you cite to in CA relate to family law attorneys, with specific informed consent requirements. No scammer exit company can create an enforceable attorney charging lien because they are not providing legal services.

Bill, you are an amalgam of AI, lack of knowledge, and utter speculation. You seem to mean well, but your opinions are not well. As others have noted, please stop with your rubbish legal opinions. Stick to Mexico, motorcycles, and flowers.

 

[easyrider]

@davidvel You are wrong about California attorneys.

To me, one difference of a scam timeshare exit company with no attorney and a legit timeshare company with an attorney is in their legal options to collect their payments. A scam company not operated by an attorney would have to go to court for a judgement or turn the debt in for collection. This type of company probably avoids court is the general consensus opinion posted by others on this thread. Small claims court is where this debt ends up and the court will look at the signed contract.

A regular attorney has other options including a lien but not usually small claims court.

Should a person decide to walk away from a service type debt it would be different than walking away from a timeshare debt where foreclosure and a credit hit is a possibility no matter if it's a scam company or a legit attorney.

I really don't get all of the hostility I'm getting from saying this. This would be a fafo type of thing and no one here knows that walking away from this type of scenario is a good idea without knowing what the person signed.

Bill

https://www.dadygardner.com/blog/2019/09/obtaining-attorneys-lien-california-basics-behind-enforcing-attorneys-right-paid/

Everyone desires to have an amicable attorney-client relationship. The common attorney-client relationship in its simplest form is: the potential client signs a fee agreement retaining the attorney, the attorney performs the requested work, the client achieves an end result, and the attorney gets paid. The unfortunate reality, however, is that sometimes a retained client fail to pay its attorney for some (or all) of the legal work that the attorney performed. When this occurs, the attorney is left in a difficult divide between complying with the attorney’s ethical obligations and enforcing the attorney’s right to be paid. So how can the attorney ethically enforce its right to be paid while still complying with the Professional Rules all attorneys are bound by? Is it even possible? The answer is in one small word “liens.”

An attorney’s lien (also termed a “charging lien”) is a lien that secures an attorney’s compensation “upon the fund or judgment” recovered by the attorney for the client. Unlike most jurisdictions, where an attorney’s lien is established by operation of law in favor of an attorney to satisfy attorney fees and expenses out of the proceeds of a prospective judgment, in California, an attorney’s lien can only be created by contract.

An attorney’s lien is created and takes effect at the time the fee agreement is executed, and may be created without even using the word “lien” at all. The determinative question is “whether the parties have contracted that the lawyer is to look to the judgment he may obtain as security for his fee.” Although a notice of lien is not necessary to “perfect” an attorney’s lien, filing a notice of attorney’s lien “has become commonplace, and the courts have endorsed the practice.”

While an attorney’s lien may be used to secure either an hourly fee agreement or a contingency fee agreement, hourly fee agreements purporting to create an attorney’s lien must comply with Rule 1.8.1 of the California Rules of Professional Conduct. Rule 1.8.1 requires that:

(a) the transaction or acquisition and its terms are fair and reasonable to the client and the terms and the lawyer’s role in the transaction or acquisition are fully disclosed and transmitted in writing to the client in a manner that should reasonably have been understood by the client;

(b) the client either is represented in the transaction or acquisition by an independent lawyer of the client’s choice or the client is advised in writing to seek the advice of an independent lawyer of the client’s choice and is given a reasonable opportunity to seek that advice; and

(c) the client thereafter provides informed written consent to the terms of the transaction or acquisition, and the lawyer’s role in it.

 

[easyrider]

Ive thought about this subject and decided I just dont care.

Bill

 

[amycurl]

We really don’t care how big either of your pieces of anatomy are…take this personal beef offline. It’s not helping this thread.


Sent from my iPad using Tapatalk

 

[easyrider]

@amycurl Apparently you do or you wouldn't have posted.


Bill