Help, bought timeshare in 2006, grant deed is wrong...

[mapper]

I bought a timeshare in Feb. 2006 from VI network and Timeshare Closing Services handled the transfer. I received all of the paperwork and a Grant Deed. In Dec. 2006 the El Dorado County Assessor's office informed me that the Grant Deed was incorrect, (the legal description had part of Tahoe Seasons and part of another timeshare listed).

I have been trying to get this corrected ever since. I faxed over all of the paperwork to Timeshare Closing Services and to John Hutchinson of VI Network with the correct legal description and informed them that the assessor's office told me the back property taxes for 2 years was in arrears. I am willing to pay those back taxes and now 2007 and 2008 if they would just get me a corrected grant deed. I have been paying the maintenance fees on this timeshare as well. I need to get this corrected right away as my husband who has now decided to become an ex wants to sign a quitclaim to me for the timeshares I own.

Does anybody have any idea of how I can get this taken care of?

Diana

 

[Talent312]

It appears that you'll have to do more to get their attention.

The mere threat of a lawsuit may get some action, but its most effective when done on a lawyer's letterhead. A lawyer's demand letter is usually not expensive. Of course, your ultimately, you may have no recourse but to sue the bastards for failure of consideration and rescission, or in the alternative, specific performance and quiet title.

But if you don't want to go thru the trouble, you could just quitclaim the mess back to them and walk away.

 

[Carolinian]

The is the risk you take in using one of these timeshare closing companies that has deeds prepared by laymen, or at best ''supervised'' by an attorney not licensed in the state where the timeshare is located. Using one of these companies is playing Russian roulette. You are lucky that a deed recorder pointed out the problems. Most do not. They just record the deed and leave you in ignorent bliss thinking everything is okay.

I would contact the State Bar in the state where the timeshare is located, the state Real Estate Commission (or whatever state agency regulates timeshares in that state), and the state Attorney General's consumer protection office and explain your problems. Come down on these weasels like a ton of bricks to get their attention or have someone in authority get their attention.

 

[Karen P]

Correctory Deeds

About 8 years ago, I sent almost all of my escrows over to a well-known title company because their prices were reasonable. I'm not kidding - about 30% of the deeds they drafted were wrong. I run a tight ship in my timeshare resale office, and it was very embarrassing and stressful on me to learn about the errors on the deeds.

The solution: The title company issued what are called 'Correctory Deeds'. The problem was due to the deed and legal descriptions being incorrect. Fortunately, Correctory Deeds resolved the problem. Of course, the title company absorbed the expenses of the correctory deed process, and needless to say, I never sent them another escrow order again.

My suggestion is to go directly to the escrow officer who prepared the deed and request a correctory deed to be prepared and recorded at Timeshare Closing Service's expense.

Additionally, you might also demand that they pay any penalties (as small as they may be) on any back taxes due, as a result of El Dorado County's inability to effectively deliver the tax bills to you. After all, this is not your fault!

 

[theo]

Huh?

But if you don't want to go thru the trouble, you could just quitclaim the mess back to them and walk away.

I don't claim expertise on the matter, but my understanding has always been that there must be a knowing and willing recipient (grantee) on the other end of a quitclaim deed. I don't think that this is a course of action that can just be undertaken unilaterally, without the knowledge, consent and acceptance of the grantee. I thought that consideration also fit into the picture, however nominal it may be. Maybe I'm somehow mistaken...

 

[Carolinian]

I don't claim expertise on the matter, but my understanding has always been that there must be a knowing and willing recipient (grantee) on the other end of a quitclaim deed. I don't think that this is a course of action that can just be undertaken unilaterally, without the knowledge, consent and acceptance of the grantee. I thought that consideration also fit into the picture, however nominal it may be. Maybe I'm somehow mistaken...

In some states, the act of recordation creates a rebuttal presumption of acceptance and consideration.

 

[nazclk]

Quitclaim

Not in California, when you think about it it doesn't make sense that you could just quitclaim property to someone else without their knowledge.

 

[Carolinian]

Not in California, when you think about it it doesn't make sense that you could just quitclaim property to someone else without their knowledge.

It does not mean it is conclusive. It just puts the burden on the grantee to go to court and rebut the presumption. And it does make perfect sense. The idea is that third persons can rely on recorded deeds.

 

[Karen P]

Not in California, when you think about it it doesn't make sense that you could just quitclaim property to someone else without their knowledge.

...Yes, you're absolutely correct, it doesn't make sense. You can't just unilaterally quitclaim a timeshare to another entity without their consent!