How long should this take? My lawyer says not long!

[shellbelle]

We recently bought a silver Mountainside lockoff. The Summit County (Utah) website shows our deed recorded on 10/13.

How long until Marriott gets this unit attached to our account? I've read in another thread that this seems to be taking a VERY long time...I'm hoping maybe things have improved? Is there anything I can do to speed the process up at all?

 

[dioxide45]

We recently bought a silver Mountainside lockoff. The Summit County (Utah) website shows our deed recorded on 10/13.

How long until Marriott gets this unit attached to our account? I've read in another thread that this seems to be taking a VERY long time...I'm hoping maybe things have improved? Is there anything I can do to speed the process up at all?

If the posts you have read are recent, then nothing has changed. If they are old then things have gotten worse.

 

[Travelmom64]

Taking Forever

We recently bought a silver Mountainside lockoff. The Summit County (Utah) website shows our deed recorded on 10/13.

How long until Marriott gets this unit attached to our account? I've read in another thread that this seems to be taking a VERY long time...I'm hoping maybe things have improved? Is there anything I can do to speed the process up at all?

Nothing has changed, I purchased my MGO in June, Beaufort County received deed in July, Marriott received all my info in August and as of yesterday "they were still working on it". They told me MINIMUM 45 business days from the day they receive the deed, but if you read other posts, some are taking up to 60 days. Very frustrating, and I was ready to purchase another week!

Lisa in VA

 

[shellbelle]

That is bad news, indeed. Even worse, I spoke with a supervisor at Owner Modifications today, and she confirmed that it would, indeed take...at first she said 45-60 business days from the time she received our documents, but later in the conversation backpedalled to 30 to 45 business days. Still unacceptable.

I had a conversation with my lawyer, and he advised me to file an injunction here in Utah (we reside in state) to force Marriott to get it done faster. He's looking into the whole thing, but says Marriott's "we're just too busy to get to you" is outrageous, and that an injunction is probably going to be the fastest way to get them to take care of this. He did note that a stern letter from an attorney often miraculously speeds things up without the need to actually file. So he's going to send the letter, but I will file if the letter doesn't work.

 

[gores95]

I had a conversation with my lawyer, and he advised me to file an injunction here in Utah (we reside in state) to force Marriott to get it done faster. He's looking into the whole thing, but says Marriott's "we're just too busy to get to you" is outrageous, and that an injunction is probably going to be the fastest way to get them to take care of this. He did note that a stern letter from an attorney often miraculously speeds things up without the need to actually file. So he's going to send the letter, but I will file if the letter doesn't work.

An injunction....good luck with that one! It sounds like you have an overzealous attorney. Who is going to pay his legal fees while the injunction drags on?

 

[LAX Mom]

If Marriott can complete the transfer in 30-45 business days and your deed is recorded on 10/13 then the wait shouldn't be that much longer. Are you in a hurry to use or deposit the unit?

I would think by the time your lawyer files something in court and gives the defendent time to respond, you'll have your unit transferred by Marriott anyway. It sounds unnecessary and a waste of legal fees, unless there is some reason for urgency on your part.

 

[davidvel]

I know some people have a distaste for lawyers etc., but I think what Michelle is expressing is what many people feel when they are helpless in such a situation--they are up against a brick wall and need an attorney to navigate unknown waters and fight for them. As I indicated in the other thread, this would never be accepted in the purchase of any other condo (which Marriott TSs are in CA and likely other states). Rather, everyone chalks it up to "this is just how it is done in the TS industry," and "that's what you get for not buying from developer."

It is simply wrong and clearly violates the purchaser's ownership rights granted by the governing docs. Any delay beyond a few days or a week is not reasonable. Marriott receives notice of the pending sale via the ROFR request and can start the wheels in motion at that time and request EVERYTHING they need for the transfer (they get $95.) The owner should be recognized upon presentation fo the deed to Marriott.

As I said, "Imagine you buy a condo and the HOA says it will take us 2 months to recognize you as an owner and give you the pool key and your gate code [elevator access] and turn on your electricity, water and gas....sorry, [you can't move in with your family] just wait, we are too busy and have cut back staff to save money and just recently consolidated departments. [We'll call you don't call us]"

While it may be true that legal action may not help if they are close to recognizing you, I personally can attest that people lose the ability to bank a week in their own II account, reserve the week they want, etc., while Marriott delays recognizing an owner. I am certain that dozens if not hundreds of people have "lost out" on such rights as a result of Marriott's delays. Why people think this is acceptable is strange to me.

(Michelle, feel free to PM me and I can give you some further info re: enforcement for you or your attorney.)

 

[dioxide45]

If Marriott can complete the transfer in 30-45 business days and your deed is recorded on 10/13 then the wait shouldn't be that much longer. Are you in a hurry to use or deposit the unit?

I would think by the time your lawyer files something in court and gives the defendent time to respond, you'll have your unit transferred by Marriott anyway. It sounds unnecessary and a waste of legal fees, unless there is some reason for urgency on your part.

The process for this buyer just starts a couple of weeks ago. They are still in for a long haul. It has only been 10=15 business days. 30 business days is their "standard", right now they are at more like 45-60.

 

[GrayFal]

I will also comment that the OPs other ownerships are with DVC - which are not deeded properties. Those closing do take a few weeks....not the same with deeded properties. I believe your attorny has given you unrealistic expectations. If the stated closing time was not acceptable to you, you could have chosen not to go thru with the purchase .....

And never buy anything from Wyndham - the closing process is 3 months if you are LUCKY.

 

[richardm]

I will also comment that the OPs other ownerships are with DVC - which are not deeded properties. Those closing do take a few weeks....not the same with deeded properties.

Quick clarification- DVC are in fact deeded.. The closing process is the same as Marriott- requiring ROFR, deeding and recording, and final resort notification.. The only difference is Disney has consistently made the process fairly efficient, with the only exceptions being during late Dec and Jan when annual fees are also being processed.

The idea of an injunction seems a bit far fetched.... Much ado about nothing seems pretty common when you ask for legal advice regarding a timeshare transaction. Why is it that many personal attorneys are so out of touch with reality!

Currently, there isn't much you can do other than try to have as much patience as possible. Sorry....

On the bright side, once your purchase is finally completed by Marriott- you'll own a great property. Enjoy the resort!

 

[James1975NY]

I sold a Marriott Aruba week. The transfer documents and transfer fees were sent to the resort on 8/14/08 and the ownership is still not transferred. Transfers are all taking place in Lakeland, Florida for Marriott.

 

[davidvel]

As I said, the usual responses, you are SOL, don't try to enforce your rights, that's just the way it is.

I believe your attorny has given you unrealistic expectations. If the stated closing time was not acceptable to you, you could have chosen not to go thru with the purchase .....

The idea of an injunction seems a bit far fetched.... Much ado about nothing seems pretty common when you ask for legal advice regarding a timeshare transaction. Why is it that many personal attorneys are so out of touch with reality!

Currently, there isn't much you can do other than try to have as much patience as possible. Sorry....

Not sure what you mean by this. We have rights of ownership which are arbitraily being deferred at the whim of Marriott. Would never be accepted in any other area of business/law--not sure why everyone is so apt to just say too bad, that's how it works over here in the TS industry. Some of us simply don't accept that.

 

[GrayFal]

Quick clarification- DVC are in fact deeded..

I thought because they were RTUs with an end date, they was no deed involved....interesting as my brother is in the process of purchasing -Thanks!

Quick clarification- DVC are in fact deeded.. The closing process is the same as Marriott- requiring ROFR, deeding and recording, and final resort notification.. The only difference is Disney has consistently made the process fairly efficient, with the only exceptions being during late Dec and Jan when annual fees are also being processed.

Until this summer - Marriotts turn around time was approximately 4 weeks - things have gone downhill from there.

 

[Travelmom64]

11 days behind me

I sold a Marriott Aruba week. The transfer documents and transfer fees were sent to the resort on 8/14/08 and the ownership is still not transferred. Transfers are all taking place in Lakeland, Florida for Marriott.

James,
Well if your paper work arrived mid-August and your file still has not been serviced, then I have a few more weeks. Have you talked with anyone in Owner's Modification, my guess is you have to no avail. They told me to call back next week.
Lisa

 

[Eric]

Disney is NOT deeded. It's a RTU. You have the RIGHT TO USE it for a certain period of time

Quick clarification- DVC are in fact deeded.. The closing process is the same as Marriott- requiring ROFR, deeding and recording, and final resort notification.. The only difference is Disney has consistently made the process fairly efficient, with the only exceptions being during late Dec and Jan when annual fees are also being processed.

The idea of an injunction seems a bit far fetched.... Much ado about nothing seems pretty common when you ask for legal advice regarding a timeshare transaction. Why is it that many personal attorneys are so out of touch with reality!

Currently, there isn't much you can do other than try to have as much patience as possible. Sorry....

On the bright side, once your purchase is finally completed by Marriott- you'll own a great property. Enjoy the resort!

 

[shellbelle]

We have rights of ownership which are arbitraily being deferred at the whim of Marriott. Would never be accepted in any other area of business/law--not sure why everyone is so apt to just say too bad, that's how it works over here in the TS industry. Some of us simply don't accept that.

Yep. You've hit my feelings right on the head. BTW, my lawyer is a very close family friend who will do this for free, so the only costs to me will be actual filing fees. He (my lawyer) is both smart and very experienced AND has personal experience dealing with TS scum (not a category where I usually feel MVCI fits, but this time...) so he's happy (even gleeful) to help out here.

 

[Eric]

I am sure Marriott is very nervous

Yep. You've hit my feelings right on the head. BTW, my lawyer is a very close family friend who will do this for free, so the only costs to me will be actual filing fees. He (my lawyer) is both smart and very experienced AND has personal experience dealing with TS scum (not a category where I usually feel MVCI fits, but this time...) so he's happy (even gleeful) to help out here.

 

[JimC]

Disney is NOT deeded. It's a RTU. You have the RIGHT TO USE it for a certain period of time

Sorry but you are wrong. You can see the deed filed in the County records. The deed does have a reversion date, which transfers the real estate interest back to Disney, but it is a deeded real estate interest.

 

[JimC]

We recently bought a silver Mountainside lockoff. The Summit County (Utah) website shows our deed recorded on 10/13.

How long until Marriott gets this unit attached to our account? I've read in another thread that this seems to be taking a VERY long time...I'm hoping maybe things have improved? Is there anything I can do to speed the process up at all?

I agree that Marriott's closing process is not up to what one expects with that brand. Of the four I purchased only the CH and AOC third party resales closed promptly. You might try the Chief Customer Service Officer, David Babich, before you engage legal counsel. A nicely worded email or letter explaining your situation and requesting assistance to expedite your paperwork may work best.

 

[dioxide45]

Sorry but you are wrong. You can see the deed filed in the County records. The deed does have a reversion date, which transfers the real estate interest back to Disney, but it is a deeded real estate interest.

This is correct. YOu can see the deeds recorded on the Orange County FL recorders site.

 

[gregloucks]

I agree that Marriott's closing process is not up to what one expects with that brand. Of the four I purchased only the CH and AOC third party resales closed promptly. You might try the Chief Customer Service Officer, David Babich, before you engage legal counsel. A nicely worded email or letter explaining your situation and requesting assistance to expedite your paperwork may work best.

I agree with your advice, but I wrote that nice email to Babich two weeks ago about a NCV week that I am trying to get transferred and have yet to receive any repsonse. I think they just have a problem on their hands and are trying to get caught up without allocating an adequate amoount of resources.