I was foreclosed on!

[james88]

Hello everyone, I am looking for some help/advice and was hoping someone here may be able to help. I had 2 timeshares with HICV one in Florida, and one in South Carolina. I got the one from Florida in June of 2016, and the other one in August of 2017. We used them a couple of times and I really enjoyed it. Fast forward to April of 2018 I filled for divorce and could no longer afford to pay for them. They sent me papers to release me from the financial obligation but I didn't send them back. The reason was because it need my signature and my ex's signature. We lived in 2 different states because she moved and I couldn't get her signature. They were supposed to send separate letters to each of us to sign and they didn't do that. In December of 2019 the units were apparently sold and now my credit report shows that the units are foreclosed on and in collections. I spoke to them a couple of times and tried to setup payment arrangements or something to try and get these removed. The only thing they said that I could do is to dispute with Experian. Does anyone have any experience dealing with something like this or know who I can talk to in order to try and get these removed? I have talked to a bankruptcy attorney that doesn't deal with this. And I spoke to another local attorney that can't help. It is difficult to find an attorney that will help get this removed.

Thank you in advance.

 

[rickandcindy23]

Hello everyone, I am looking for some help/advice and was hoping someone here may be able to help. I had 2 timeshares with HICV one in Florida, and one in South Carolina. I got the one from Florida in June of 2016, and the other one in August of 2017. We used them a couple of times and I really enjoyed it. Fast forward to April of 2018 I filled for divorce and could no longer afford to pay for them. They sent me papers to release me from the financial obligation but I didn't send them back. The reason was because it need my signature and my ex's signature. We lived in 2 different states because she moved and I couldn't get her signature. They were supposed to send separate letters to each of us to sign and they didn't do that. In December of 2019 the units were apparently sold and now my credit report shows that the units are foreclosed on and in collections. I spoke to them a couple of times and tried to setup payment arrangements or something to try and get these removed. The only thing they said that I could do is to dispute with Experian. Does anyone have any experience dealing with something like this or know who I can talk to in order to try and get these removed? I have talked to a bankruptcy attorney that doesn't deal with this. And I spoke to another local attorney that can't help. It is difficult to find an attorney that will help get this removed.

Thank you in advance.

Yes, file disputes with every credit reporting agency that shows these in collections. Write a nice letter, layout the circumstances behind the foreclosure, and ask for them to please take it off of your credit report. No guarantees, but I would take a credit hit over whatever amount of money you were paying for those timeshares. The world has become very aware of timeshare scams. Look at the commercials for various "get out of your timeshare now" ads on TV. The reporting agencies are very aware that timeshare purchases are mostly scams, and their sympathy will be with you.

Why couldn't you mail the document to your wife? It's a stamp and a little time. I don't get that at all. Even if the notarization was on the same page, you could have had them separate the pages so that each of you could sign. Or drive to her location and get it done.

 

[Passepartout]

Well, you bought, used, then didn't pay. No mystery why they foreclosed. You are welcome to write an explanatory letter to Experian (or all 3 credit agencies) explaining why you didn't pay the debt you signed up for. They offered you an 'out'. It isn't clear to me why your ex wouldn't simply sign a quit-claim or whatever they wanted signed. It's none off my business.

The credit ding will stay on your record for about 7 years, and will go away after that. If you pay other newer debt 'as agreed', your credit will improve more quickly. We wish you well. If we'd heard from you back in 2016 and 2017, we might have been more able to help you resolve this, but since this is 3-4 years later, there isn't much we can do except pass the results on to others who might be in your situation.

Good Luck.

Jim

 

[Fredflintstone]

Hello everyone, I am looking for some help/advice and was hoping someone here may be able to help. I had 2 timeshares with HICV one in Florida, and one in South Carolina. I got the one from Florida in June of 2016, and the other one in August of 2017. We used them a couple of times and I really enjoyed it. Fast forward to April of 2018 I filled for divorce and could no longer afford to pay for them. They sent me papers to release me from the financial obligation but I didn't send them back. The reason was because it need my signature and my ex's signature. We lived in 2 different states because she moved and I couldn't get her signature. They were supposed to send separate letters to each of us to sign and they didn't do that. In December of 2019 the units were apparently sold and now my credit report shows that the units are foreclosed on and in collections. I spoke to them a couple of times and tried to setup payment arrangements or something to try and get these removed. The only thing they said that I could do is to dispute with Experian. Does anyone have any experience dealing with something like this or know who I can talk to in order to try and get these removed? I have talked to a bankruptcy attorney that doesn't deal with this. And I spoke to another local attorney that can't help. It is difficult to find an attorney that will help get this removed.

Thank you in advance.

Personally, I wouldn’t worry about it. It will clear in time. The good thing is both South Carolina and Florida are anti-deficiency, non judicial states IF you don’t object to the foreclosure.


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[CalGalTraveler]

Don't object or you could end up in a deficiency judgment where they can pursue other assets than simply taking back the timeshare (which is what you want to happen). As @Fredflintstone says let it run its course otherwise you will legally screw yourself. Your and your ex should ignore all calls and letters until they go away. Pay for an hour with with a real estate attorney to explain how this works and ensure this is the right approach for your situation. Use the TUG threads on anti-judicial anti-deficiency for background to hand the lawyer.

Worry about the credit rating agencies later when the coast is clear.

Read the Sticky's on timeshare laws for these states.

To help other Tuggers in this situation, can you let us know if you had a mortgage on each of these properties? If so how much? cc @Grammarhero

 

[james88]

Both of the ones that I had were registered as a mortgage. One I was paying $172 a month and the other one was $121 a month. I believe I would've had to pay for like 10 years. I don't remember exactly and can't find any of the paperwork I had for them.