Help ! Ex Spouse died

[Nanyb]

My then husband and I bought a timeshare at Coral Sands in Hilton Head. The timeshare was put in a trust (to my knowledge). An attorney in South Carolina was paid $350 to accomplish this transfer.
We subsequently divorced. I had my name removed from the trust and executed a quit claim deed to change the ownership to my ex.
This was 5 years ago and I heard nothing more about it except he did use it for a vacation. Last year he passed away. I am now receiving delinquent notices for past due fees. In talking to a resort representative, I’m told the timeshare is not in a trust and I am now the sole owner. I was under the impression that I did all I needed to do to remove myself from ownership to the best of my knowledge.
I now find myself in a position of owing a lot of money that I didn’t expect and am unable to do anything about it as I don’t have access to the original purchase agreement or the deed.
Any advice ??

 

[DaveNV]

My then husband and I bought a timeshare at Coral Sands in Hilton Head. The timeshare was put in a trust (to my knowledge). An attorney in South Carolina was paid $350 to accomplish this transfer.
We subsequently divorced. I had my name removed from the trust and executed a quit claim deed to change the ownership to my ex.
This was 5 years ago and I heard nothing more about it except he did use it for a vacation. Last year he passed away. I am now receiving delinquent notices for past due fees. In talking to a resort representative, I’m told the timeshare is not in a trust and I am now the sole owner. I was under the impression that I did all I needed to do to remove myself from ownership to the best of my knowledge.
I now find myself in a position of owing a lot of money that I didn’t expect and am unable to do anything about it as I don’t have access to the original purchase agreement or the deed.
Any advice ??

See if you can contact the attorney who processed the Quit Claim deed. It sounds like somebody didn't do as they were paid. Also, check the county where the timeshare is located - there should be some record of the paperwork filed with your name on it. The deed as it's recorded should be a traceable public record.

Good luck!

Dave

 

[Nanyb]

See if you can contact the attorney who processed the Quit Claim deed. It sounds like somebody didn't do as they were paid. Also, check the county where the timeshare is located - there should be some record of the paperwork filed with your name on it. The deed as it's recorded should be a traceable public record.

Good luck!

Dave

Thanks Dave.
I’m going to try to contact the attorney next week. Hopefully their office is still open. I have an unsigned copy of the quit claim deed, he had all of the signed documents. I fear that when he passed away, his son may have tossed some important papers. The attorney that handled the trust will also be contacted. Unfortunately I’m afraid that someone dropped the ball. I appreciate the response.

 

[Passepartout]

Force them to SHOW you any paper that you signed after the marriage was dissolved that says you are in any way a co-owner. That oughtta do it.

 

[dioxide45]

Do an online search with the Beaufort County register of deeds .

Search other counties: https://publicrecords.netronline.com/state/SC

See if the quit claim deed was ever recorded.

 

[Miss Marty]

Hilton Head - deeds
Beaufort County SC

Register of Deeds
100 Ribaut Road
Beaufort, SC 29903

843-255-2555

www. beaufortcountysc .gov

South Carolina Governor Henry McMaster has announced that the statewide “Work-or-Home” order will be lifted and returned to voluntary status on Monday, May 4, 2020

 

[Nanyb]

Hilton Head - deeds
Beaufort County SC

Register of Deeds
100 Ribaut Road
Beaufort, SC 29903

843-255-2555

www. beaufortcountysc .gov

South Carolina Governor Henry McMaster has announced that the statewide “Work-or-Home” order will be lifted and returned to voluntary status on Monday, May 4, 2020

Thank you so much.

 

[pedro47]

Hilton Head - deeds
Beaufort County SC

Register of Deeds
100 Ribaut Road
Beaufort, SC 29903

843-255-2555

www. beaufortcountysc .gov

South Carolina Governor Henry McMaster has announced that the statewide “Work-or-Home” order will be lifted and returned to voluntary status on Monday, May 4, 2020

This is what the TUG website and Tuggers are all about. Knowledge is Power.
Thanks you Miss Marty for your post and information.

 

[Nanyb]

This is what the TUG website and Tuggers are all about. Knowledge is Power.
Thanks you Miss Marty for your post and information.

Thanks to you all so much. I got some help from my stepson and now possess copies of the original warranty deed, the quit claim deed transferring it to the family trust, documents removing me from the trust and a copy of the new trust agreement. I know maintenance fees will still be owed even though I am no longer on the deed but now I at least have some records, except for the purchase agreement which I think was disposed of after his death. You have helped tremendously.

 

[VacationForever]

Thanks to you all so much. I got some help from my stepson and now possess copies of the original warranty deed, the quit claim deed transferring it to the family trust, documents removing me from the trust and a copy of the new trust agreement. I know maintenance fees will still be owed even though I am no longer on the deed but now I at least have some records, except for the purchase agreement which I think was disposed of after his death. You have helped tremendously.

The copies that you have, are they recorded with the county? I have a strong feeling that even if they were recorded with the county, the documents were not forwarded to the HOA for recording.

 

[bbodb1]

I just have to say this thread title works on more than one level concurrently....and while there is a lot of knowledge here on TUG there are some things just beyond the edge of our knowledge (and powers)....

 

[Nanyb]

The copies that you have, are they recorded with the county? I have a strong feeling that even if they were recorded with the county, the documents were not forwarded to the HOA for recording.

Yes, they are recorded with the county. And perhaps not forwarded. Can I do that myself or do I need an attorney.

 

[Nanyb]

I just have to say this thread title works on more than one level concurrently....and while there is a lot of knowledge here on TUG there are some things just beyond the edge of our knowledge (and powers)....

I totally understand that. And I will be speaking with an attorney as to what to do. This gave me a starting point as to how to obtain documents. I have to gather the facts and docs first then I can proceed. I appreciate the heads up about this.

 

[elaine]

things to discuss above with that atty:
I believe that just because you or your ex spouse "transferred" to a trust or signed a quitclaim deed doesn't mean that the resort accepted that transfer; that's probably why you're now getting the notices. I think coral sands (along with some other HHI timeshares) started requiring upfront annual fees to be put in escrow with them for any transfers (likely including trusts) about 5-7 years ago. Assuming that wasn't submitted to the timeshare's management, you very well might still be an "owner" of the resort.
I believe the SC is an anti-deficiency state, meaning that if they foreclosure and only take back the deed and not any extra $ from you. Your credit might take a ding. You have to decide whether that matters to you vs. paying back dues. There are certain rules--like you cannot object or counter claim once the that foreclosure starts.
Your atty might call or send a letter stating that you are divorced and the intended owner of the trust is deceased to work out a plan, such as they take back the deed due to death. Keep us posted. Elaine

 

[Nanyb]

things to discuss above with that atty:
I believe that just because you or your ex spouse "transferred" to a trust or signed a quitclaim deed doesn't mean that the resort accepted that transfer; that's probably why you're now getting the notices. I think coral sands (along with some other HHI timeshares) started requiring upfront annual fees to be put in escrow with them for any transfers (likely including trusts) about 5-7 years ago. Assuming that wasn't submitted to the timeshare's management, you very well might still be an "owner" of the resort.
I believe the SC is an anti-deficiency state, meaning that if they foreclosure and only take back the deed and not any extra $ from you. Your credit might take a ding. You have to decide whether that matters to you vs. paying back dues. There are certain rules--like you cannot object or counter claim once the that foreclosure starts.
Your atty might call or send a letter stating that you are divorced and the intended owner of the trust is deceased to work out a plan, such as they take back the deed due to death. Keep us posted. Elaine

I’ll surely let you know. The quit claim deed was recorded in 2013. Not sure how to find out if it was sent to the resort. This was way before the death of my ex. The trust it was transferred to does not have my name on it so there isn’t much I can do about that. So, am I correct in understand that the quitclaim is not valid? I’m confused.

 

[VacationForever]

Until the resort accepts the transfer, the timeshare is still in both your names. The additional step was obviously not done with your multiple changes. If you had relied on the attorney to complete each transfer but the attorney had no understanding of how timeshare works there lies the problem. If you want to DIY now, you can try sending all these documents to the resort to indicate that you no longer own the timeshare and see where that goes. Sorry that you are stuck in a bad situation.

Before I discovered TUG which I have learned alot including that a timeshare is only effectively transferred when name change is completed at the resort level, many years when I wanted to change ownership of my timeshare from 2 persons to 1, I contacted the timeshare HOA directly and I was directed to an attorney which they had recommended. It worked for me but that was because that attorney understood the transfer process pertaining to timeshare.

 

[DaveNV]

I’ll surely let you know. The quit claim deed was recorded in 2013. Not sure how to find out if it was sent to the resort. This was way before the death of my ex. The trust it was transferred to does not have my name on it so there isn’t much I can do about that. So, am I correct in understand that the quitclaim is not valid? I’m confused.

I had a situation a few years ago where I'd sold a timeshare, and it was properly recorded with the county of location. Everything was done properly up front, according to plan. Although the docs were sent to the timeshare HOA's management company, they dropped the ball and didn't record the change to the new owner. When maintenance fees came due, the HOA tried to collect them from me. All I had to do was provide them with copies of the recorded documents, and they made the change into the new owner's name. I didn't have to pay anything.

Chances are, this will be all you'll have to do as well. If you can prove the deed was recorded and sent to the HOA back in 2013, you should be able to get them to go after the current owners for any maintenance fees due. After you have the docs in hand, contact the resort directly and explain the issue.

Good luck!

Dave