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How to give up Wyndham Timeshare

Fredflintstone

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It has been over 120 days since i made the payment. Collection calls have already started. Waiting on 150 days before they send it for foreclosure. Is it true that i would be taxed for the deficit amount they ($46000 - amt my points gets sold for) in case of a foreclosure. This being a deeded property, in FL - not sure what are the laws concerning this foreclosure. Waiting for the next steps from Wyndham.

Florida has non judicial, anti deficiency laws for timeshares.This means foreclosure is not court supervised and you do not pay a deficiency. Thus, all they get back is their timeshare. They cannot charge you the difference between what you owe and what they get for the timeshare. Just let them foreclose, take the credit hit, learn a lesson and move on.

https://www.nolo.com/legal-encyclopedia/florida-timeshare-foreclosure-right-cancel-laws.html


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Richelle

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If you already have a bankruptcy on your credit report that was recent, your credit is going to be messed up for years anyway. Find a lawyer who deals with bankruptcies (since yours closed up shop), and ask if a foreclosure will do anymore damage then you already did with the bankruptcy. It will depend on how long ago you filed for it. Whether or not it would actually be a foreclosure, I’m not sure. It might be listed as a write off which would still affect your credit in normal circumstances. Wyndham could chose to go after you for the amount you still owe, through the courts. It is a substantial amount, and depending in how much it would cost to go to court and get your wages garnished, they may chose to do so, so tread carefully. You definitely need to get one of those free consultations. It probably goes without saying, do not buy any more expensive impulse buys. In fact, never to go a timeshare resort again because they will all try to get you to buy. Between this and your bankruptcy, it should be clear to you, that you are not great with money. Sorry to sound harsh, but you need to hear it. Stick with cash. If you don’t have the money to pay cash for a luxury item, wait u til you have saved up for it. Better yet, take that money and invest it. That investment doesn’t come with monthly fees like a timeshare does and it actually makes you money over time.
 

kiran

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Thanks for the advice. It was a purchase i regret, thought the point system is different from the regular timeshares where you get a fixed weekly location. I have let it go and taking the hit on my credit as it is already bad.
As long as they dont garnish my wages as Florida has non judicial, anti deficiency laws for timeshares. I thought only IRS can garnish your wages and come after your assets, not these collection agency.
 

Fredflintstone

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Thanks for the advice. It was a purchase i regret, thought the point system is different from the regular timeshares where you get a fixed weekly location. I have let it go and taking the hit on my credit as it is already bad.
As long as they dont garnish my wages as Florida has non judicial, anti deficiency laws for timeshares. I thought only IRS can garnish your wages and come after your assets, not these collection agency.

A collection agency can only garnish (and not in every state) if they sue you and win a judgement. As you pointed out Florida has a non judicial, anti deficiency system for timeshares. So, as long as you don’t contest a foreclosure, they cannot go after you for any losses incurred. They just get their timeshare back.

You are correct...you will most likely take a hit in your credit that lasts 7 years.


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kiran

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I did get some calls regarding settlements with timeshare and the lies they say for their sales and they would help in getting out of wyndham. they even mention that club wyndham access is deeded and is a mortgage. had one experience 3 months back where the guy wanted 10000 to get me out of wyndham. some how feel all these are connected trying to make money.
 

55plus

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They are all scams. Never pay any money upfront to anyone to sell a timeshare.
 

kiran

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Finally i get a call from Pinnacle recovery firm for my Wyndham timeshare asking for arrangements to my $50,000.00 debt or else i would end up paying the taxes on it. Wonder if i have to pay these taxes to IRS.
 

wjappraise

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Two things.

1. Worry more about the $46,000 debt than the tax which might be 15-25% of that. Look at it like 75-85% of your debt went away.

2. Talk to a tax professional. IRS.gov states there are five exceptions to needing to pay tax on a 1099C (reporting of canceled debt as income). The most likely one for you is the one “Debts canceled during insolvency.” Unless you are “solvent” by at least $46,000, you may need to pay tax on only the portion of the debt that equals your net worth, or “solvency.” IRS publication 4681 contains the explanations and requirements for this exception.

Wes.
 

dgalati

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Purchase price $46,000 and the resale value on the open market is only $400-$500. As Wes stated paying the 15-25% in taxes on a 1099C looks much better then paying off debt that is only worth pennies on the dollar.
 

55plus

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Finally i get a call from Pinnacle recovery firm for my Wyndham timeshare asking for arrangements to my $50,000.00 debt or else i would end up paying the taxes on it. Wonder if i have to pay these taxes to IRS.
This in itself might be a scam. It could just be a line to get into your pockets.
 

scot111

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National Harbor
Kiran, what is the status of your Wyndham issue?
has anything appeared on your credit report?
 

Grammarhero

Official TUGBBS Rescission Master
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Former: Wyndham 276k, HVC South Bend 1/1
Kiran, what is the status of your Wyndham issue?
has anything appeared on your credit report?

If there is a recovery or collection agency involved, there is a credit report. I will add this to my list. For the latter, the recovery or collection agency takes half. For the credit report, it only takes one hour.
 

scot111

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If there is a recovery or collection agency involved, there is a credit report. I will add this to my list. For the latter, the recovery or collection agency takes half. For the credit report, it only takes one hour.

---
I think Pinnacle Recovery is Wyndham ... and they don't report.
 

Grammarhero

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Former: Wyndham 276k, HVC South Bend 1/1

Grammarhero

Official TUGBBS Rescission Master
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Wyndham Grand Desert 154k & Bali Hai 105k, VV Williamsburg 4L/4 & 2/2
Former: Wyndham 276k, HVC South Bend 1/1
Finally i get a call from Pinnacle recovery firm for my Wyndham timeshare asking for arrangements to my $50,000.00 debt or else i would end up paying the taxes on it. Wonder if i have to pay these taxes to IRS.
@kiran to let others in your situation benefit. Would you kindly update us and let us know if there was an affect on your credit score?
 

Grammarhero

Official TUGBBS Rescission Master
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Location
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Resorts Owned
Wyndham Grand Desert 154k & Bali Hai 105k, VV Williamsburg 4L/4 & 2/2
Former: Wyndham 276k, HVC South Bend 1/1
Finally i get a call from Pinnacle recovery firm for my Wyndham timeshare asking for arrangements to my $50,000.00 debt or else i would end up paying the taxes on it. Wonder if i have to pay these taxes to IRS.
Haven't heard from you in a while. Would you kindly PM me or let us know if your credit got affected??
 

SNA27

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- deleted - didn't realize this is an outdated post -
 
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