alwysonvac
TUG Lifetime Member
- Joined
- Sep 11, 2005
- Messages
- 16,463
- Reaction score
- 4,240
- Location
- New Jersey
- Resorts Owned
-
WORLDMARK, HGVC, VISTANA
SOLD (DVC, FSRC)
As of 12/28/2023
PROGRAM TERMS AND CONDITIONS
Other terms and conditions to the Voluntary Surrender Agreement (“Agreement”):
1. Property Maintenance and Expenses (Homeowner’s Association Assessments).
If all the terms and conditions of this Agreement are met, you will be released from all remaining property maintenance and expenses (“HOA Fees”) associated with your vacation ownership interest upon the successful conveyance of your vacation ownership interest back to us.
2. Satisfaction and Release of Liability (HOA Liens).
If all the terms and conditions of this Agreement are met and, upon conveyance of your vacation ownership interest to us by Warranty Deed (or the equivalent in the state where your vacation ownership interest is located), we will release any liens held by Hilton encumbering the vacation ownership interest. Upon recording the required lien release(s), as any Homeowner’s Association lien(s) for delinquent assessments (if applicable) will be satisfied, which will result in Hilton (and/or its affiliates) foregoing all rights to pursue a deficiency judgment.
3. Foreclosure Sale Suspension – only applicable to owners already in foreclosure.
We will suspend any foreclosure sale date until the conveyance of your Property has been completed, provided you return a validly executed and recordable deed and continue to abide by the terms and conditions of this Agreement. If any of the terms and conditions of this agreement are not met within 45 days as of the date of this agreement, we may initiate or continue the foreclosure process as permitted by the mortgage documents, recorded liens and/or governing association documents.
4. Termination of This Agreement.
We may terminate this Agreement at any time if:
a. Your financial situation improves significantly, you qualify for loan modification, you bring the account current or you pay off the obligations associated with the account (mortgage, association assessments, and/or other fees) in full.
b. You fail to act in good faith with the Agreement.
c. A significant change occurs to the property condition or value.
d. There is evidence of fraud or misrepresentation.
e. You file for bankruptcy and the Bankruptcy Court declines to approve the agreement.
f. Litigation is initiated or threatened that could affect title to the property or interfere with a valid conveyance.
5. Settlement of a Debt.
The proposed transaction represents our attempt to reach a settlement of your account, which may be associated with delinquent obligations (such as a delinquent mortgage or Homeowner’s Association assessments). You are choosing to enter into this Agreement even though there is no guarantee that the transaction will be successful. In the event this transaction is unsuccessful, we may exercise our remedies under the mortgage or governing association documents, including foreclosure. In consideration for Hilton’s willingness to accept the return of the Vacation Ownership Interest (VOI), you agree to release Hilton from and against any and all present or future claims and/or disputes that you may assert or may have asserted against Hilton of any nature whatsoever, known or unknown and immediately withdraw any such complaints made against the Indemnified Parties with any local, state, or federal agency, and cancel any credit card dispute or investigations it may have opened in connection with the Contract.
6. Credit Reporting Considerations
We cannot provide opinions or assumptions as to the impact to the borrower’s credit score, nor do we have control over, or responsibility for, the impact on the borrower’s credit score.
7. Membership Benefits.
Benefits associated with the above contract and HGVClub Membership shall automatically terminate once you no longer own a vacation ownership interest at an affiliated resort. Once HGVClub Membership is terminated, benefits and privileges of HGVClub Membership automatically and immediately cease. For instance, any unused Bonus Points or any Hilton Honors privileges granted solely in connection with HGVClub Membership shall automatically expire. Furthermore, reservations are subject to cancellation upon termination of the HGVClub Membership.
8. No Refund.
Owner understands and agrees that no refund of any amounts paid by the owner in connection with the VOI will be due or payable to Owner or any third party. Additionally, any chargeback attempts on credit card or debit card payment(s) previously made in connection with the VOI may be deemed as a failure to act in good faith by the owner and result in termination of this agreement.
Wanted to add this image provided by another TUG member outlining the official HGVC process for handling defaults as it is great info for any owners who may find themselves in this situation!
- The contact email for HGVC deed back is pfoliosvc@hgvc.com.
- No additional fees as of 12/28/2023
- May take 90-120 days to process the deed back.
PROGRAM TERMS AND CONDITIONS
Other terms and conditions to the Voluntary Surrender Agreement (“Agreement”):
1. Property Maintenance and Expenses (Homeowner’s Association Assessments).
If all the terms and conditions of this Agreement are met, you will be released from all remaining property maintenance and expenses (“HOA Fees”) associated with your vacation ownership interest upon the successful conveyance of your vacation ownership interest back to us.
2. Satisfaction and Release of Liability (HOA Liens).
If all the terms and conditions of this Agreement are met and, upon conveyance of your vacation ownership interest to us by Warranty Deed (or the equivalent in the state where your vacation ownership interest is located), we will release any liens held by Hilton encumbering the vacation ownership interest. Upon recording the required lien release(s), as any Homeowner’s Association lien(s) for delinquent assessments (if applicable) will be satisfied, which will result in Hilton (and/or its affiliates) foregoing all rights to pursue a deficiency judgment.
3. Foreclosure Sale Suspension – only applicable to owners already in foreclosure.
We will suspend any foreclosure sale date until the conveyance of your Property has been completed, provided you return a validly executed and recordable deed and continue to abide by the terms and conditions of this Agreement. If any of the terms and conditions of this agreement are not met within 45 days as of the date of this agreement, we may initiate or continue the foreclosure process as permitted by the mortgage documents, recorded liens and/or governing association documents.
4. Termination of This Agreement.
We may terminate this Agreement at any time if:
a. Your financial situation improves significantly, you qualify for loan modification, you bring the account current or you pay off the obligations associated with the account (mortgage, association assessments, and/or other fees) in full.
b. You fail to act in good faith with the Agreement.
c. A significant change occurs to the property condition or value.
d. There is evidence of fraud or misrepresentation.
e. You file for bankruptcy and the Bankruptcy Court declines to approve the agreement.
f. Litigation is initiated or threatened that could affect title to the property or interfere with a valid conveyance.
5. Settlement of a Debt.
The proposed transaction represents our attempt to reach a settlement of your account, which may be associated with delinquent obligations (such as a delinquent mortgage or Homeowner’s Association assessments). You are choosing to enter into this Agreement even though there is no guarantee that the transaction will be successful. In the event this transaction is unsuccessful, we may exercise our remedies under the mortgage or governing association documents, including foreclosure. In consideration for Hilton’s willingness to accept the return of the Vacation Ownership Interest (VOI), you agree to release Hilton from and against any and all present or future claims and/or disputes that you may assert or may have asserted against Hilton of any nature whatsoever, known or unknown and immediately withdraw any such complaints made against the Indemnified Parties with any local, state, or federal agency, and cancel any credit card dispute or investigations it may have opened in connection with the Contract.
6. Credit Reporting Considerations
We cannot provide opinions or assumptions as to the impact to the borrower’s credit score, nor do we have control over, or responsibility for, the impact on the borrower’s credit score.
7. Membership Benefits.
Benefits associated with the above contract and HGVClub Membership shall automatically terminate once you no longer own a vacation ownership interest at an affiliated resort. Once HGVClub Membership is terminated, benefits and privileges of HGVClub Membership automatically and immediately cease. For instance, any unused Bonus Points or any Hilton Honors privileges granted solely in connection with HGVClub Membership shall automatically expire. Furthermore, reservations are subject to cancellation upon termination of the HGVClub Membership.
8. No Refund.
Owner understands and agrees that no refund of any amounts paid by the owner in connection with the VOI will be due or payable to Owner or any third party. Additionally, any chargeback attempts on credit card or debit card payment(s) previously made in connection with the VOI may be deemed as a failure to act in good faith by the owner and result in termination of this agreement.
Wanted to add this image provided by another TUG member outlining the official HGVC process for handling defaults as it is great info for any owners who may find themselves in this situation!
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