how long till they pop up again with a YET LONGER list of back maintenance fees?

[acal]

We bought a RedWol[f] Squaw EOY summer studio in like 2002. We no longer live in CA, and the maintenance fees are abusive to owners of smaller and non-winter units, so we stopped paying maybe 5 years ago? It's owned fully outright. For several years, we got occasional letters or calls from a collection agency.
My answer was always 'I will pay the back maintenance and the title transfer if you will take this'. They refused. I said 'great. please forclose on me'.
they ofc never have.
It's been maybe 18 months since we've heard from them. I assume at some point they'll contact us again w/ a yet longer backlog of owed fees?

If no one wants to buy it, and the timeshare won't take it back and won't forclose - is it actually just impossible to no longer own this??

 

[DeniseM]

Are you sure you have the name of the resort right?

 

[chapjim]

I think it's Red Wolf.

 

[DeniseM]

You have done what you could - now just go radio silent, and they will definitely foreclose eventually. But as long as you keep communicating, they will think there is some hope of you paying. Cut them cold.

 

[acal]

In an amazing coincidence - we got a letter from the collection agency today! It has an offer to pay "only" 1/2 of the back dues and have our usage restored (hard-pass), and a threat that if we don't they'll foreclose. fingers-crossed!!

 

[chapjim]

In an amazing coincidence - we got a letter from the collection agency today! It has an offer to pay "only" 1/2 of the back dues and have our usage restored (hard-pass), and a threat that if we don't they'll foreclose. fingers-crossed!!

Yep! One can only hope!

Offer a deed in lieu of foreclosure and see what they say. They should agree because it will save them a bunch of money.

 

[Fido Chuckwagon]

In an amazing coincidence - we got a letter from the collection agency today! It has an offer to pay "only" 1/2 of the back dues and have our usage restored (hard-pass), and a threat that if we don't they'll foreclose. fingers-crossed!!

Any time you get anything from a collections agency I always recommend sending to the collections agency, via certified mail, a letter stating that:

1. You demand verification of the validity of the debt;
2. You demand that the collections agency cease any attempts to contact you telephonically.
3. You dispute the validity of the debt.

If they don’t do 1, they can’t collect, if the violate 2, then you can sue them pretty easily under the FDCPA. I used to participate in a now defunct finance forum where some members made decent money filing pro-se lawsuits against debt collection agencies that violated the FDCPA.

 

[acal]

Yep! One can only hope!

Offer a deed in lieu of foreclosure and see what they say. They should agree because it will save them a bunch of money.

more info....

they've provided 3 options:
1) pay them 890$ and be restored, back into the fold as a member in good standing! (pass)
2) pay them 1350$ and they'll buy-back the deed and we're all done
3) they'll forclose
ultimately, my goal is to be done with them. Which makes it tempting to pick door number 2. What happens if I just do nothing and they forclose? Assume I don't care about impact on my credit score (I don't). what would that actually cost me? Is it possible a court orders that I pay all back dues (would be more than option 2)? Assuming they go through with it, would that in fact be a cheaper option?

wonder what happens if I offer them some smaller number than 1350 for the buyback?

 

[davidvel]

Any payment reinstates the statute of limitations, which is 5 years. If you do anything be sure a competent HOA lawyer in CA is involved. They may try to trick you into a payment without a formal deal. They are really good at what they do.

 

[TUGBrian]

id offer a suggestion in countering the $1400 option with something more appealing to you or simply agreeing to it to be done with it. assuming that offer is in writing!

You said from your first post you havent paid any maintenance fees in over 5 years so you are still WELL ahead thus I dont consider that offer to be unreasonable at all and there are tangible costs involved with the transfer of a deeded property (they arent 1400, but also not zero).

 

[Fido Chuckwagon]

Any payment reinstates the statute of limitations,

Just jumping in to echo that this is accurate. Op, Is this property located in a different state than your residence?

 

[acal]

Just jumping in to echo that this is accurate. Op, Is this property located in a different state than your residence?

It's in CA (Tahoe). We currently reside in IL (for 2 years now), but were CA residents when we bought it (like 20 years ago)

 

[Fido Chuckwagon]

It's in CA (Tahoe). We currently reside in IL (for 2 years now), but were CA residents when we bought it (like 20 years ago)

The odds that a timeshare foreclosure results in an enforceable deficiency judgment in your situation is probably somewhere close to the odds of being struck by lightning multiple times. Given the history here, if it were me I would tell them I'll sign a deed in lieu of foreclosure, or would otherwise be willing to surrender or deed back the unit, but otherwise they can pound sand they're not seeing a dime from me. I also would not do this with the collections company, I would do this with the HOA, and I would make sure that whatever I put in writing makes it clear that you do not agree with the debt.

 

[Cindy M]

I am thinking about doing the same with a GPX resort, Southern California Beach Club. Has this affected your credit score?

 

[chriskre]

I let one go at Grandview and it has not impacted my credit score at all.
It's been more than 6 years now. I was able to refinance my home 2 years
ago and buy a new car. My score is 740. It doesn't even appear on my
credit report.

And I am now letting a BG one go and so far it's not showing up on my credit.
That one is delinquent for this year.
I'm assuming that it's going to be the same thing.
Harassing Phone calls and collection letters and then 5 years later a foreclosure
letter will one day arrive saying I no longer own it.

I've told them to take it back but these collection companies don't want to hear that
because they don't make any money doing the deed in lieu of foreclosure so if you
don't deal directly with the HOA you won't get anywhere, but if you aren't years behind
then the HOA won't deal with you either. By then I don't want to deal with them so they
can just spend their money to take it back. I'm sure they have lawyers on retainer doing
it for peanuts at this point.

 

[Cindy M]

Thank you for your response. My timeshare no longer fits my needs and the fees are too high. I am trying to give it away. I am getting older and do not want to burden my children with this when I pass. As a new MF year approaches, it is decision making time.

 

[acal]

I ignored the first offer, and what do you know, but they (collection agency) sent another letter stating that they are now authorized to accept an even lower one-time payment to transfer ownership back to the Association (was 1400. is now 1075).
When I called the collection agency and asked 'how do I know this is legit?' they gave me a number at the association to call w/ questions. so I guess now that I know they're willing, and we're apparently dutch-auctioning for price, I guess I'll call them and see what we can do here.
There is definitely a price, and it might be 1075, at which I'm happy to pay it and have a clear transfer of ownership and be done. We'll see.

 

[Fido Chuckwagon]

I ignored the first offer, and what do you know, but they (collection agency) sent another letter stating that they are now authorized to accept an even lower one-time payment to transfer ownership back to the Association (was 1400. is now 1075).
When I called the collection agency and asked 'how do I know this is legit?' they gave me a number at the association to call w/ questions. so I guess now that I know they're willing, and we're apparently dutch-auctioning for price, I guess I'll call them and see what we can do here.
There is definitely a price, and it might be 1075, at which I'm happy to pay it and have a clear transfer of ownership and be done. We'll see.

Make sure that there is something in writing that they will not report this to any credit agencies if you pay them the money.

 

[vacation911]

I ignored the first offer, and what do you know, but they (collection agency) sent another letter stating that they are now authorized to accept an even lower one-time payment to transfer ownership back to the Association (was 1400. is now 1075).
When I called the collection agency and asked 'how do I know this is legit?' they gave me a number at the association to call w/ questions. so I guess now that I know they're willing, and we're apparently dutch-auctioning for price, I guess I'll call them and see what we can do here.
There is definitely a price, and it might be 1075, at which I'm happy to pay it and have a clear transfer of ownership and be done. We'll see.

Yes it sounds like you may be able to negotiate a deal more to your liking. You could just default but for some it feels better to have a cleaner break. If thats your prefrence, I think youi are on your way.