Actually our law firm does timeshare foreclosures. And no, if the deed does not transfer title completely, as in the examples above, the rule is you name everyone that has held title back to a good title. That is the policy wether it is a timeshare or a million dollar house.
So while tombo transferred title to jimbo and the title contained a defect and did not legally transfer title and 5 years from now, Jimbo quits paying his maintenance fees and the Association goes to foreclose and they turn it over to the attorney, when title search is done AND the deed was not sufficent to pass title to Jimbo, both Tombo and Jimbo will be named in the foreclosure in order to make sure all parties having an interest or appearing to have an interest are named so that at the conclusion of the foreclosure title is clear again.
So, tell me, is it worth that risk down the road that the deadbeat Jimbo, just put a foreclosure on your public records section of your credit report.
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Simple transaction, all parties agree that a transfer has occurred (buyer, seller, resort, state), yet later down the road if any legal i is not dotted then lawyers can place a foreclosure on the current owner and the original seller. Why not simply send a letter to the original seller to see if they want to retain any interest in the week? If the previous owner signs a form saying he has no interest or ownership in the week then foreclose on the current owner. Instead lawyers sue everyone who they can show to be possibly involved, place collections on anyone who is possibly involved, and place foreclosures forcing people to hire lawyers to save their credit rating over something they did in good faith.
Lawyers force people to hire lawyers to perform simple tasks to prevent being sued. It is a racket. As a lawyer once told me, you can sue anyone you feel like suing whether they have done something wrong or not. You might not win but you can sue them. This is why lawyers are so disliked. JMHO