Help ! I'm sure that's original :-)

[wattruler]

Hello folks, I seem to have a problem.
Seeking guidance

Hello folks.

In 2005, my ex father in law (and now deceased) quitclaimed some Wyndham points along with a week or so to myself and his daughter. In 2011 as we were preparing for divorce I found a man on a timeshare forum who agreed to take all the points/weeks off my hands for little or no remuneration to me. I trusted that he would properly take care of things. Now I see that he did not. He apparently created a deed for the county for one of the weeks and that I and my ex were listed as grantees on that 2011 deed along with another party who I do not know. This is apparently common in timeshare takeover situations like this. I assume he was to follow up on this somehow but did not.

Anyway, I had no knowledge of this until I just now got an invoice of $22K for past maintenance fees.

I have not used nor been in any way involved in that property since before 2011. And have received no communication from the management group since then either.

The week is probably not connected with the Wyndham system but I wasn’t sure where to ask about this.

Thanks

 

[Floridaman76]

You are probably screwed for not doing it the right way. Typically the deed is just tied to the "fractional ownership" of the real property/timeshare interval. The maintenance fees are something completely difference. In the Wyndham case, it's membership in "the club", which has dues (program fees) and maintenance fees.

Pretty sure you are going to be on the hook for this, sucks... this is why you don't cut corners or expect people to do the proper thing. Happy Thanksgiving.

 

[bnoble]

I would probably start by speaking with a lawyer. This will cost you a couple hundred bucks, but will be more useful than asking us collectively what to do. Given the amount we are talking about, that seems like a sound investment.

In general, the TUG consensus in this situations is: Ignore it, and take the hit to your credit score, if any. Sometimes these are reported to credit agencies, sometimes they are not. Eventually, the property will be foreclosed. Your case is a little different because you may or may not have been the legal owner of the property since the deed was filed, and you may or may not have been responsible for the fees during that time. That's where the lawyer's advice will be useful. I suspect the deed is fraudulent, in which case it gets murky very quickly.

 

[wattruler]

I would probably start by speaking with a lawyer. This will cost you a couple hundred bucks, but will be more useful than asking us collectively what to do. Given the amount we are talking about, that seems like a sound investment.

In general, the TUG consensus in this situations is: Ignore it, and take the hit to your credit score, if any. Sometimes these are reported to credit agencies, sometimes they are not. Eventually, the property will be foreclosed. Your case is a little different because you may or may not have been the legal owner of the property since the deed was filed, and you may or may not have been responsible for the fees during that time. That's where the lawyer's advice will be useful. I suspect the deed is fraudulent, in which case it gets murky very quickly.

Thank you bnoble. The management company has been nice about this so far and she even emailed me saying it wasn't about the money. They want the deed back more than anything else. She said no one has used that week in 15 years. Huh? Anyway, I don't think it is fraudulence, maybe just ineptness by the person that filed the deed for me in 2011. It seems me, my ex, and a 3rd party that I don't know are now on the deed. I am not paying them anything unless I have to to avoid collections. And even then I am sure it wouldn't be the total amount. The things I have on my side are the statute of limitations in NC where the week is. Plus the first contact I got was 15 years later. That and the fact that the 3rd party would be just as responsible as myself. We'll see. I will use an attorney if I need to.
Thanks for the feedback

 

[dioxide45]

Do you know if the deed conveying the timeshare to the other person was actually recorded with the county?

 

[wattruler]

Yes, it was. Craven County, NC

 

[bnoble]

Before you start throwing around terms like "statute of limitations" (which may or may not apply to property ownership) it would be good to talk to counsel. This is not a time when doing your own research is wise.

 

[wattruler]

Are you saying the internet could be wrong?
Hahahaha

 

[geist1223]

Just like AI is never wrong

 

[BingoBangoBongo]

If you have seen a copy of the Deed, whose signatures are on it?

 

[TUGBrian]

seek out a local attorney that specializes in debt collection, not someone who claims to be a "timeshare attorney"

 

[silentg]

Yes, it was. Craven County, NC

Are you able to get a copy of the deed?

 

[Jan M.]

Has anyone heard of any resort/resort HOA letting an owner default on the maintenance fees for 15 years and not foreclosing? Also if they're coming after you now they obviously have your contact information so why weren't you notified long before this that the maintenance fees were in arrears?

My first thought was that this has to be a scam.

 

[wattruler]

If you have seen a copy of the Deed, whose signatures are on it?

That is a good question. I know for certain it can't be mine. I will check into that thanks

 

[wattruler]

Has anyone heard of any resort/resort HOA letting an owner default on the maintenance fees for 15 years and not foreclosing? Also if they're coming after you now they obviously have your contact information so why weren't you notified long before this that the maintenance fees were in arrears?

My first thought was that this has to be a scam.

The lady at the management group said she had the wrong address for me. I'm with you though I can't believe they've waited this long. Especially considering how easy it is to find someone these days.