• The TUGBBS forums are completely free and open to the public and exist as the absolute best place for owners to get help and advice about their timeshares for more than 30 years!

    Join Tens of Thousands of other Owners just like you here to get any and all Timeshare questions answered 24 hours a day!
  • TUG started 31 years ago in October 1993 as a group of regular Timeshare owners just like you!

    Read about our 31st anniversary: Happy 31st Birthday TUG!
  • TUG has a YouTube Channel to produce weekly short informative videos on popular Timeshare topics!

    Free memberships for every 50 subscribers!

    Visit TUG on Youtube!
  • TUG has now saved timeshare owners more than $24,000,000 dollars just by finding us in time to rescind a new Timeshare purchase! A truly incredible milestone!

    Read more here: TUG saves owners more than $24 Million dollars
  • Sign up to get the TUG Newsletter for free!

    Tens of thousands of subscribing owners! A weekly recap of the best Timeshare resort reviews and the most popular topics discussed by owners!
  • Our official "end my sales presentation early" T-shirts are available again! Also come with the option for a free membership extension with purchase to offset the cost!

    All T-shirt options here!
  • A few of the most common links here on the forums for newbies and guests!

How to Dump Timeshare - Sands of Kahana

jj2

newbie
Joined
May 19, 2021
Messages
14
Reaction score
6
As part of the assets I inherited after my Father's passing a year and a half ago was his every other week at Sands of Kahana timeshare in Maui. I kept up with the dues and taxes and my use year in 2022 is coming up that I have no plans to use then or any time in the future. I contacted Soleil and offered to let them take ownership but they refused. I contacted a couple timeshare brokers, including one on the island and they said the units are worthless and no one will currently buy them because the maintenance fees are too high. So the resort doesn't want them back either because they know the same thing.

This reminds me of a story a friend told me once when he went through financial hardship and had to let his credit card go unpaid and he offered to pay off a portion of the balance and close the account. The credit card company refused but a few months later after he hadn't made any payments, they charged it off, and turned around and offered him a pay off agreement of 25% the total to change it from a chargeback on his credit report to paid as agreed for less than amount owed, which the latter was less deterimental to his credit.

My gut feeling is this is similar in that the management company, rather than go through a foreclosure process would prefer (once you stop paying) to just do what I read is called a "deedback". But I think like the credit card company, they won't agree to it until you have gone X months late on your payment. The concern is obviously they could send it to collections before foreclosing or agreeing to a deedback and thereby negatively effect my credit.

My Uncle suggested why not just create a single owner S-Corp (cost about $200 in fees) to protect my individual credit, transfer ownership to the S-Corp (I read here LT Transfers is a good low-cost outfit to use), and then once the transfer is done, send a letter to Soleil (the management company) under the Corporation letterhead saying the Corporation is dissolving and you're not paying anymore and will do a "deedback." ??? That will probably cost close to another $1000 in fees from LT Transfer and he resort, but what other option do I have to divest myself from it without negatively affecting my credit?
 
Last edited:
Credit card company would be unrelated to the resort's decision to take a deedback or not, or foreclose or not. Once you pay with the credit card, the resort gets their money less cc fees. Any unpaid CC bills are between you and the CC company.

And, I know it's too late for you, but I'm beating this drum for others who may read this thread and face your situation later. There is no requirement to accept an "asset" left to you in a will. Anyone facing such a generous bequeathal as a timeshare liability should inform the executor's lawyer that she has no intention of accepting it. The lawyer should know how to proceed with a quitclaim.
 
is there any chance you can list it here on tug bargain basement? someone may want it?
 
shouldnt cost much if anything to give it away:


it is a very popular resort for resales and rentals on TUG, albeit the resales are giveaways.
 
As part of the assets I inherited after my Father's passing a year and a half ago was his every other week at Sands of Kahana timeshare in Maui. I kept up with the dues and taxes and my use year in 2022 is coming up that I have no plans to use then or any time in the future. I contacted Soleil and offered to let them take ownership but they refused. I contacted a couple timeshare brokers, including one on the island and they said the units are worthless and no one will currently buy them because the maintenance fees are too high. So the resort doesn't want them back either because they know the same thing.

This reminds me of a story a friend told me once when he went through financial hardship and had to let his credit card go unpaid and he offered to pay off a portion of the balance and close the account. The credit card company refused but a few months later after he hadn't made any payments, they charged it off, and turned around and offered him a pay off agreement of 25% the total to change it from a chargeback on his credit report to paid as agreed for less than amount owed, which the latter was less deterimental to his credit.

My gut feeling is this is similar in that the management company, rather than go through a foreclosure process would prefer (once you stop paying) to just do what I read is called a "deedback". But I think like the credit card company, they won't agree to it until you have gone X months late on your payment. The concern is obviously they could send it to collections before foreclosing or agreeing to a deedback and thereby negatively effect my credit.

My Uncle suggested why not just create a single owner S-Corp (cost about $200 in fees) to protect my individual credit, transfer ownership to the S-Corp (I read here LT Transfers is a good low-cost outfit to use), and then once the transfer is done, send a letter to Soleil (the management company) under the Corporation letterhead saying the Corporation is dissolving and you're not paying anymore and will do a "deedback." ??? That will probably cost close to another $1000 in fees from LT Transfer and he resort, but what other option do I have to divest myself from it without negatively affecting my credit?
What your uncle is suggesting is the "Viking Ship" strategy that is well-known in the timeshare industry. They consider it fraud and will likely fight you tooth and nail.
 
As part of the assets I inherited after my Father's passing a year and a half ago was his every other week at Sands of Kahana timeshare in Maui. I kept up with the dues and taxes and my use year in 2022 is coming up that I have no plans to use then or any time in the future. I contacted Soleil and offered to let them take ownership but they refused. I contacted a couple timeshare brokers, including one on the island and they said the units are worthless and no one will currently buy them because the maintenance fees are too high. So the resort doesn't want them back either because they know the same thing.

This reminds me of a story a friend told me once when he went through financial hardship and had to let his credit card go unpaid and he offered to pay off a portion of the balance and close the account. The credit card company refused but a few months later after he hadn't made any payments, they charged it off, and turned around and offered him a pay off agreement of 25% the total to change it from a chargeback on his credit report to paid as agreed for less than amount owed, which the latter was less deterimental to his credit.

My gut feeling is this is similar in that the management company, rather than go through a foreclosure process would prefer (once you stop paying) to just do what I read is called a "deedback". But I think like the credit card company, they won't agree to it until you have gone X months late on your payment. The concern is obviously they could send it to collections before foreclosing or agreeing to a deedback and thereby negatively effect my credit.

My Uncle suggested why not just create a single owner S-Corp (cost about $200 in fees) to protect my individual credit, transfer ownership to the S-Corp (I read here LT Transfers is a good low-cost outfit to use), and then once the transfer is done, send a letter to Soleil (the management company) under the Corporation letterhead saying the Corporation is dissolving and you're not paying anymore and will do a "deedback." ??? That will probably cost close to another $1000 in fees from LT Transfer and he resort, but what other option do I have to divest myself from it without negatively affecting my credit?


If the ownership isn't yet in your name you don't have to take it. All you do is let them know the owner has passed away. If it is in your name because they said you are responsible for it you can probably make them take it back just by telling them you will sue because they misled you.

Bill
 
Just stop paying, unlikely it'll hit your credit report. If it does, your credit card analogy is probably about right...

All the decent timeshare companies accept deeds back and the HOA controlled timeshares actually want the deeds back to secure title. I haven't dealt with Soleil, but I wouldn't worry about it.
 
If the ownership isn't yet in your name you don't have to take it. All you do is let them know the owner has passed away. If it is in your name because they said you are responsible for it you can probably make them take it back just by telling them you will sue because they misled you.

Bill
100% this.... is your name on the deed or are you just assuming you inherited it when your father passed?
 
I own at SOK. It is a nice-enough place.

If I were in your shoes, I would not pay any maintenance fee. If you aren't on the deed, then there really isn't a lot of risk to your credit rating. They used to do deed-backs but have apparently stopped.

The people who handle foreclosures are Kainoa Properties. Here is their contact info:
Kainoa Properties LLC HK MAUI INT
10 Hoohui Road, Suite 108
Lahaina, Hawaii 96761

Phone: (800) 648-1007 ext 55
Fax (808) 270-2567
info@kainoaproperties.com

Schedule an online meeting with one of our experienced Agents and they can help answer any of your questions. Schedule a Day and time that works for all of you on the deed for your property and we will contact you shortly.
 
shouldnt cost much if anything to give it away:


it is a very popular resort for resales and rentals on TUG, albeit the resales are giveaways.
I concur. I think there is a good possibility that if the ownership is free and clear of debt, someone would gladly take this off your hands for free. If DW and I weren't advancing in years and more interested in winding down our ownerships instead of adding to our portfolio, this would be attractive to us.
 
Refuse the inheritance. No one is forcing you to own this if you haven't used it. Hopefully the name wasn't changed to yours. If not contact a lawyer to change it back to the estate since it was done in error. If they ask why you paid tell them you paid out of the estate and it is in your father's name and you were resolving the debts. Then walk away. They cannot go after you if you don't own it, and never used it since the death.

If the deed is still in your father's name (hopefully) then walk - you have no obligation. Death is the only time you can walk from a timeshare without a commitment if you refuse the inheritance of this timeshare.
 
Last edited:
Just an FYI, the management company charges a whopping $550 for a "transfer fee" but does nothing to transfer the timeshare through the county. It's a blatant money grab. So giving it away costs a little bit but totally worth it.

As others have said, refuse it in the inheritance, if you can.
 
Just an FYI, the management company charges a whopping $550 for a "transfer fee" but does nothing to transfer the timeshare through the county. It's a blatant money grab. So giving it away costs a little bit but totally worth it.

Yes, by my calculations between all the fees for LT Transfers including doc fees and the transfer fee, it will amount to close to $1000 in fees to transfer.

@BJRSanDiego So if I'm unable to "give it away" how soon should I contact Kainoa to explain I'm abandoning the week? I would guess a minimum amount of time has to pass after the due date of the dues before they can initiate a foreclosure process? Do you know if they report the foreclosure to the credit bureaus?
 
Yes, by my calculations between all the fees for LT Transfers including doc fees and the transfer fee, it will amount to close to $1000 in fees to transfer.

@BJRSanDiego So if I'm unable to "give it away" how soon should I contact Kainoa to explain I'm abandoning the week? I would guess a minimum amount of time has to pass after the due date of the dues before they can initiate a foreclosure process? Do you know if they report the foreclosure to the credit bureaus?
Is it in your name?
 
Yes, by my calculations between all the fees for LT Transfers including doc fees and the transfer fee, it will amount to close to $1000 in fees to transfer.

@BJRSanDiego So if I'm unable to "give it away" how soon should I contact Kainoa to explain I'm abandoning the week? I would guess a minimum amount of time has to pass after the due date of the dues before they can initiate a foreclosure process? Do you know if they report the foreclosure to the credit bureaus?
You havent answered the question about this being in your name or still in the name of the deceased...
 
ah ok, well that certainly eliminates the option to simply refuse the inheritance :(
 
So possibly back to what easyrider said:
"If it is in your name because they said you are responsible for it you can probably make them take it back just by telling them you will sue because they misled you."
And/or what daverunfast said:
"Just stop paying, unlikely it'll hit your credit report. If it does, your credit card analogy is probably about right..."
and if rickandcindy23 are correct in their assertion:
"does nothing to transfer the timeshare through the county " are you truly the owner with title?
 
"If it is in your name because they said you are responsible for it you can probably make them take it back just by telling them you will sue because they misled you."

Who misled who about what? This week was purchased years ago and no one misled me as far as what I was getting when I inherited it.

"Just stop paying, unlikely it'll hit your credit report. If it does, your credit card analogy is probably about right..."

@BJRSanDiego seems to confirm this. Basically they're not accepting deedbacks so you have to let it go into foreclosure, the equivalent of the "chargeback" status on a credit card that is several months past due.

"does nothing to transfer the timeshare through the county " are you truly the owner with title?

I'm the owner of the title and I'm fully aware of who does what for what cost. As mentioned the resort banks $550 basically for just updating a record in their own database with the new owner information. Everything else is handled by LT Transfers and the county.
 
Another quick question, if the dues for 2022 bi-annual have been paid for (in 2020 and 2021), and I have trouble selling it. If I decide to use the 2022 week myself but pay no dues in 2022 will Soleil cancel my 2022 reservation due to being past due on 2022 dues, or are the obligated to let me stay there in 2022 since it's already been paid for?
 
What reservation do you have for 2022. That week is very rentable during whale season.
 
You should make a reservation for 2022; I suggest a summer week if one is still available. That way, when you are trying to give the place away, it will have the sizzle of an upcoming reservation to use.
 
Yes, by my calculations between all the fees for LT Transfers including doc fees and the transfer fee, it will amount to close to $1000 in fees to transfer.

@BJRSanDiego So if I'm unable to "give it away" how soon should I contact Kainoa to explain I'm abandoning the week? I would guess a minimum amount of time has to pass after the due date of the dues before they can initiate a foreclosure process? Do you know if they report the foreclosure to the credit bureaus?
I'm reading this thread sequentially so others may have already responded.

If it was me, I'd call up Kainoa Properties and tell them that your Dad, who owns the deed, died and that you want to give them the option of doing a deed back rather than going through a more costly foreclosure.

As others have said, if your name isn't on the deed and the management company hasn't changed the contact info, they probably don't have any recourse against you.

Edit: you had mentioned that your name is in the management company system. But did you actually have the deed recorded with the county with YOUR name on it. If you did, then perhaps offer it on tug bargain section. If you didn't get the deed recorded, then it technically belongs to your Dad's estate.
 
Top