Exit company not performing

[TUGBrian]

They've realized that not many people can pony up thousands or tens of thousands upfront for an exit. So they do this instead. They can probably extract more from the timeshare owner over time and it is an incentive to drag it on as long as possible.

100%

and it lets them claim "we dont charge any upfront fees like those other scammers, just a monthly service charge"

 

[T_R_Oglodyte]

This, too, is a mistake.

Walk away. And walk away quietly. Most of these stories involve people who want to involve the DOJ, FBI, FTC, BBB. They'll lawyer up and spend even more money chasing ghosts. You got cheated by the timeshare company. Then you got cheated by the exit company. There is no recourse. Thousands of people before you have tried the same thing. And not once ever have I read a success story where someone was made financially whole by fighting the system.

This minor chapter in your life has already taken too much time and too much money. Close this chapter just as fast as possible and open a new chapter.

What Scoop said. Just drop it and get on with your life, now wiser though sadder.

 

[easyrider]

Walking away from a timeshare is different than walking away from a timeshare exit company because they are different types of debt.

Timeshare debts are a secured consumer installment debts that fall under specific State Laws on how they are treated. They can get a judgement but not so much a garnishment because the debt is secured by the property.

With an exit company using an attorney, the debts are considered professional services, meaning a measure of work for a client is involved and not paying them is a breach of contract in all 50 States. They can get a judgement and a garnishment.

Once a person signs up with a sleazeball exit company it really depends on the contract they signed as to how they can exit the exit company.

Bill

 

[WorldT]

Walking away from a timeshare is different than walking away from a timeshare exit company because they are different types of debt.

Timeshare debts are a secured consumer installment debts that fall under specific State Laws on how they are treated. They can get a judgement but not so much a garnishment because the debt is secured by the property.

With an exit company using an attorney, the debts are considered professional services, meaning a measure of work for a client is involved and not paying them is a breach of contract in all 50 States. They can get a judgement and a garnishment.

Once a person signs up with a sleazeball exit company it really depends on the contract they signed as to how they can exit the exit company.

Bill

The exit company "can get a judgement and a garnishment" but will they? I am yet to see that happen.
I am also the kind of person that would love to see them try. I am also not the kind of person that will engage their services so the above will never come up.

 

[easyrider]

The exit company "can get a judgement and a garnishment" but will they? I am yet to see that happen.
I am also the kind of person that would love to see them try. I am also not the kind of person that will engage their services so the above will never come up.

What makes me think the probability of an attorney at an exit company chasing payments for service is high is they are chasing clientes with bs advertisments and for the most part the solution is foreclosure.

I wouldnt be surprised that nonpayment to an exit company results in addtional costs as they have the ability to pad all of the services they claim to have provided unlrss it is fee based. Even then they can claim you asked a question that was out of the scope of the fee arrangement.

It would be interesting if someone could add their experiences of nonpayment to an exit company. None of us really know. It could be no problems or a can of worms,imo.

It would be helpful to actually read an exit companies contract. Everything they can do is based off the contract.

Bill

 

[TUGBrian]

id imagine the last place an exit company wants to be is in a courtroom arguing about services rendered.

 

[stewartmorgan]

Well I can agree that the exit company probably won't chase after the balance that I supposedly owe, approximately one thousand dollars, but I expect Bluegreen to play hardball because I supposedly still owe them about half of what the timeshare cost and that was almost 25 thousand dollars. I've been informed that deedback and default doesn't apply because of the mortgage with Bluegreen. They say foreclosure is the only way out. Does anyone have a different opinion on what can and possibly will happen.

 

[TUGBrian]

What Happens If I Stop Paying My Timeshare Maintenance Fees?

Wondering what happens if you stop paying timeshare maintenance fees? Learn likely outcomes—collections, credit impact, foreclosure risk, and practical owner options.

tug2.net

 

[LannyPC]

Does anyone have a different opinion on what can and possibly will happen.

You might face a bunch of annoying collection calls and letters, some of them with idle threats. It's possible that you will face a hit to your credit score or rating. But i emphasize "possible".

 

[stewartmorgan]

You might face a bunch of annoying collection calls and letters, some of them with idle threats. It's possible that you will face a hit to your credit score or rating. But i emphasize "possible".

Bluegreen has already reported me as delinquent. Hasn't seemed to affect my score yet. That was only to one agency.

 

[andre10056]

If I were a judge or on a jury, I would be very sympathetic to finding AGAINST a timeshare entity or a timeshare exit firm if they were to file suit. I'd definitely find in favor of the defrauded owner. Furthermore, any owner's counterclaim that sought punitive damages would certainly be awarded to the owner. A million dollars perhaps?

I'm not sure the plaintiffs would like seeing the counterclaim that I envision might be filed against them. I think they'd drop their suit real quick.

 

[ScoopKona]

I think they'd drop their suit real quick.

I think they would not. Because they employ salaried attorneys to make people's lives miserable.

The only thing that matters is what's written on the contract. Not what anyone said. And since there is no video evidence of what was said, it won't be considered.

 

[WorldT]

I think they would not. Because they employ salaried attorneys to make people's lives miserable.

The only thing that matters is what's written on the contract. Not what anyone said. And since there is no video evidence of what was said, it won't be considered.

They haven't sued the OP and they will not. It is bad for their kind of business to be inside a court room and be placed under oath in addition to being subjected to discovery.

 

[WorldT]

Bluegreen has already reported me as delinquent. Hasn't seemed to affect my score yet. That was only to one agency.

The worst case scenario here that I see is this report that will show up on your credit history. Remember, you can submit a clarification to the credit bureau that will be shared with anyone looking at the report.
If you don't have a need for a pristine credit history then just keep an eye on the report, ignore all letters, emails or calls. The only thing that should elicit a response is if:
1. Bluegreen says they are ready to take the unit back (unlikely)
2. You see a court summons (also unlikely).

Most likely scenario is you will get a submission to the bureaus like you have seen, may see a slight ding on your credit, and after sometime, your credit score comes back up.

 

[andre10056]

I think they would not. Because they employ salaried attorneys to make people's lives miserable.

The only thing that matters is what's written on the contract. Not what anyone said. And since there is no video evidence of what was said, it won't be considered.

On the contrary, as soon as one alleges "fraud in the inducement", the ONLY thing that matters is what someone testifies was said. You're basically arguing that the contract only came about due to fraud. And then it's up to the fact finder (judge or jury) to determine who is more believable.

And we all know how believable the timeshare salesperson or the timeshare exit company might be.

 

[easyrider]

id imagine the last place an exit company wants to be is in a courtroom arguing about services rendered.

Especially when the timeshare owner still owns the timeshare, lol.

Bill

 

[ScoopKona]

On the contrary, as soon as one alleges "fraud in the inducement", the ONLY thing that matters is what someone testifies was said. You're basically arguing that the contract only came about due to fraud. And then it's up to the fact finder (judge or jury) to determine who is more believable.

And we all know how believable the timeshare salesperson or the timeshare exit company might be.

Can you cite a single example of someone who was made financially whole by doing this?

I've never read a single example of someone who fought timeshare fraud and won. The case is going to be heard in a venue favored by the developer and the exit company. The developer probably goes golfing with the DA.

Every time this comes up, there are a dozen people who advise the hapless owner to lawyer up. That costs even more money. Money that the hapless owner already doesn't have. The best piece of advice an attorney ever gave me: "If you care about 'the principle of the thing,' that's going to be very, very expensive. I advise you to make this go away for as little as possible."

This is the very definition of the idiom "throwing good money after bad."

 

[carlrocky]

I hired an exit company and I don't feel they are performing as they said they would. They say they are in negotiations with the timeshare company and don't forward any details. It's been 8 months since I hired them. Is this the way all exit company's work, and should I ask for a refund. What are my rights?

Contact your Timeshare resort and ask if they have an Exit program.

I contacted my timeshare company and asked if they had an exit program.
They did have an exit program and while it took a few months, I easily filled out the paperwork and did get my Timeshare canceled

 

[andre10056]

Can you cite a single example of someone who was made financially whole by doing this?

I've never read a single example of someone who fought timeshare fraud and won. The case is going to be heard in a venue favored by the developer and the exit company. The developer probably goes golfing with the DA.

Every time this comes up, there are a dozen people who advise the hapless owner to lawyer up. That costs even more money. Money that the hapless owner already doesn't have. The best piece of advice an attorney ever gave me: "If you care about 'the principle of the thing,' that's going to be very, very expensive. I advise you to make this go away for as little as possible."

This is the very definition of the idiom "throwing good money after bad."

The DA has nothing to do with a timeshare entity or timeshare exit company suing an individual owner. It's not a criminal case so I don't care how often the developer plays golf with the DA,

And what would the venue be if a timeshare entity or timeshare exit company sues a timeshare owner? Would it be hundreds if not thousands of miles away in the timeshare owner's home court jurisdiction? So good luck with getting any sympathy with a jury there (or, in my opinion, anywhere).

Would you, as timeshare entity or timeshare exit company, be able to respond to challenges since you'd likely not send your salesmen out of state?

So you're saying, if they're going to file suit and appear in court against you in which they're seeking a judgment against you, that you should not contest it? Just let them claim they're owed $200,000, $300,000?

I would think they're never going to risk all of the above, including a counterclaim for punitive damages.

 

[andre10056]

Can you cite a single example of someone who was made financially whole by doing this?

I've never read a single example of someone who fought timeshare fraud and won. The case is going to be heard in a venue favored by the developer and the exit company. The developer probably goes golfing with the DA.

Every time this comes up, there are a dozen people who advise the hapless owner to lawyer up. That costs even more money. Money that the hapless owner already doesn't have. The best piece of advice an attorney ever gave me: "If you care about 'the principle of the thing,' that's going to be very, very expensive. I advise you to make this go away for as little as possible."

This is the very definition of the idiom "throwing good money after bad."

I will agree with you that, if the timeshare company simply seeks to get back the timeshare, that an owner shouldn't stand in their way. BEGINNING new litigation is foolhardy. Just lick your wounds and walk away.

 

[dioxide45]

Can you cite a single example of someone who was made financially whole by doing this?

Cases and situations where this happens tend to have the timeshare entity protected with an NDA. So they have happened, we just don't know about them because they don't want to risk the NDA.

 

[davidvel]

I have been engaged with them for 8 months and paid them almost three grand and still owe about one thousand. I'm not going to make any further payments to them, just going to try to get my money back. I doubt I will get the money back but what else can I do with my time.

Don't walk away, run. Some of these exit companies are run by the same cartel who is killing police in Mexico. You want no part of them.

 

[ScoopKona]

but what else can I do with my time.

Anything is better than fighting a battle that is impossible to win.

Go fishing, perhaps?

 

[am1]

This, too, is a mistake.

Walk away. And walk away quietly. Most of these stories involve people who want to involve the DOJ, FBI, FTC, BBB. They'll lawyer up and spend even more money chasing ghosts. You got cheated by the timeshare company. Then you got cheated by the exit company. There is no recourse. Thousands of people before you have tried the same thing. And not once ever have I read a success story where someone was made financially whole by fighting the system.

This minor chapter in your life has already taken too much time and too much money. Close this chapter just as fast as possible and open a new chapter.

Check out the Wyndham forum.

 

[easyrider]

They haven't sued the OP and they will not. It is bad for their kind of business to be inside a court room and be placed under oath in addition to being subjected to discovery.

It really depends on the exit companies contract with the client. Officers of the corporation can file a claim in small claims court. Many contracts have wording in their contract that allows them a charging lien on real property for services rendered so they can just attach a lien on the real estate and wait. The amount owed occurs an interest rate at the highest amount the jurisdiction allows if not stated in the contract.

Bill