Florida Timeshare Foreclosure

[MickeyMan]

I read many helpful posts related to purchase recessions and cancels. Does anyone remember a post about timeshare foreclosure sale cancelations?
I do not remember if I read the post here or another board. The post mentioned how an owner can cancel a non-judicial Trustee Foreclosure sale scheduled in Florida.

I remember the post mentioned a simple signed letter emailed from the owner to the attorney who is handling the Trustee foreclosure writing this worked:

I {owner name(s) object to the non-judicial foreclosure sale of our timeshare located at ____________________.
Our contract number is ____________________
Your firm's file number is __________________
Please terminate any further non-judicial proceedings.
I / we will save the transmission of this email as confirmation this objection was received by your firm.
Thank you,

__________________________
signed by owner(s)

 

[dioxide45]

That letter doesn't cancel a timeshare foreclosure sale, though it does move the foreclosure from non-judicial into a judicial foreclosure that would instead go through the court. The timeshare will likely still be foreclosed upon. What exactly are you looking to accomplish with the letter? Is this a timeshare you want to keep and are challenging the legitimacy of the foreclosure?

 

[andre10056]

I read many helpful posts related to purchase recessions and cancels. Does anyone remember a post about timeshare foreclosure sale cancelations?
I do not remember if I read the post here or another board. The post mentioned how an owner can cancel a non-judicial Trustee Foreclosure sale scheduled in Florida.

I remember the post mentioned a simple signed letter emailed from the owner to the attorney who is handling the Trustee foreclosure writing this worked:

I {owner name(s) object to the non-judicial foreclosure sale of our timeshare located at ____________________.
Our contract number is ____________________
Your firm's file number is __________________
Please terminate any further non-judicial proceedings.
I / we will save the transmission of this email as confirmation this objection was received by your firm.
Thank you,

__________________________
signed by owner(s)

Why would you want to do that? I believe from everything that I've read that a non-judicial foreclosure is the dream objective of anyone who owns a timeshare that they don't want in Florida. Since no judge is involved, it would not be possible for any judgement to be entered against you. If there could not be a deficiency judgement, you're out scot free, owing zero forever after..

 

[andre10056]

I read many helpful posts related to purchase recessions and cancels. Does anyone remember a post about timeshare foreclosure sale cancelations?
I do not remember if I read the post here or another board. The post mentioned how an owner can cancel a non-judicial Trustee Foreclosure sale scheduled in Florida.

I remember the post mentioned a simple signed letter emailed from the owner to the attorney who is handling the Trustee foreclosure writing this worked:

I {owner name(s) object to the non-judicial foreclosure sale of our timeshare located at ____________________.
Our contract number is ____________________
Your firm's file number is __________________
Please terminate any further non-judicial proceedings.
I / we will save the transmission of this email as confirmation this objection was received by your firm.
Thank you,

__________________________
signed by owner(s)

I'm busy this morning, but I keep coming onto TUG to see your response. You'd apparently prefer to go from a quick and easy administrative filing of papers that would result in your oweing nothing (and owning nothing in regards to your timeshare) to:

-a full blown judicial proceeding involving plaintiff's and defendant's arguments to a judge in court
-the court proceeding being scheduled who knows how far in the future
-the plaintiff would seek and perhaps succeed in getting a judgement for EVERYTHING, which may include everything their accounting indicates you owe (possibly including but not limited to maintenance fees, late fees, filing fees, court fees, attorney's fees, who knows?)
-your paying your own attorney and/or acting as your own attorney and/or witness by traveling to the court
-the judgement being reported to all credit bureaus
-and who knows if they'll seek to collect on the judgement

I hope this is not one of these "I only owe $3500 and not the $3750 they say I owe" kinds of objections.

If you're objecting because you think the timeshare actually has some extraordinary value, check out ebay and see how many owners can't give away their timeshares.