Links to Official State Timeshare Laws and Guides/Manuals

[TUGBrian]

somehow i accidentally moved this to the bluegreen forum, ive put it back in BSR but im pretty sure it was posted in another forum instead as a sticky (perhaps newbies?) let me know so i can move it back to where it was before =)

 

[pedro47]

Brian, thanks for catching this error, This is one thread that needs to be saved.
IMHO.

 

[CalGalTraveler]

Great work @Grammarhero I was considering picking up another timeshare in Nevada but this thread has convinced me not to buy there because of their consumer unfriendly laws. We already own a TS in Vegas that we may now sell and replace with one in an anti-deficiency state to trade or just rent.

On your point about Washington DC. There are two in Georgetown. HGVC The District and the Ritz Carlton Residences which are across the street from each other.

 

[Grammarhero]

@CalGalTraveler @Fredflintstone @pedro47 @TUGBrian
@DeniseM @SNA27 @cyntravel @SteelerGal

Here is most updated TS Official Laws table, which now adds information on DC timeshare laws, with 15 day rescission period! I stand corrected about DC not having any timeshares. I'm still working on the table with deficiency/statutes of limitations information.

Edited: I just uploaded a converted PDF version, which doesn't break links. I just realized that saving as PDF breaks the links.

 

[Grammarhero]

Arkansas – AR: AR does not have separate TS foreclosure procedures. AR allows deficiency judgments, but with one year SOL after foreclosure sale. https://law.justia.com/codes/arkansas/2018/title-18/subtitle-4/chapter-50/section-18-50-112/ (unofficial link, as official Lexis link hard to access).

 

[Grammarhero]

Mississippi – MS: MS has separate TS foreclosure procedures. MS allows deficiency judgment and has not listed a SOL. Time Share, Ms. Real Estate Comm., Rul. 8.13 http://www.mrec.ms.gov/docs/mrec_rules_and_regulations_July_2019.pdf (pg. 71)

 

[Grammarhero]

District of Columbia: DC does not have separate TS foreclosure procedures. DC allows deficiency judgments and does not list a SOL. https://code.dccouncil.us/dc/council/code/sections/42-816.html

 

[Bailey#1]

Grammarhero, thank you for all the time you spent on doing this. I am happy that you got the "Tug Lifetime Member", well deserved.

Not that I would ever go this route, my understanding that Vermont has no TS laws, so anyone in Vermont would have no recourse from the TS industry
should one get into financial difficulties. Is that correct????

 

[Grammarhero]

Grammarhero, thank you for all the time you spent on doing this. I am happy that you got the "Tug Lifetime Member", well deserved.

Not that I would ever go this route, my understanding that Vermont has no TS laws, so anyone in Vermont would have no recourse from the TS industry
should one get into financial difficulties. Is that correct????

With financial difficulties for VT TS, I would say one would have "very little" recourse, as opposed to "no" recourse.

 

[Grammarhero]

@TUGBrian @CalGalTraveler @Fredflintstone @pedro47 @COSkier1 @SNA27 @SteelerGal

This is the preliminary state TS Foreclosure/Deficiency/SOLs Laws Table, about 1/3 complete. Although 1/3 complete, I focused on noting states with any TS anti-deficiency treatment first. I note the following:
1) California, Florida, Maine, South Carolina, and Wisconsin provide anti-deficiency treatment for both defaulted MF and mortgages, although for the latter four states, one cannot object to a non-judicial foreclosure;
2) Colorado provides anti-deficiency treatment for defaulting MF (but not mortgage), and an objection may waive the anti-deficiency treatment;
3) Hawaii and Montana provide anti-deficiency treatment for defaulting mortgages (but not MF).
4) Illinois, Indiana, South Dakota, and Washington are permissive anti-deficiency states. IL, SD, and WA TS resorts may pursue: 1) non-judicial, anti-deficiency foreclosures, or 2) judicial, deficiency foreclosures. Maybe if in IL, SD, and WA, the TS owner only owes MF and with lawsuits being expensive, TS resorts might agree to non-judicial, anti-deficiency foreclosures. IN only has judicial foreclosures.

I'm hoping to try to finish this Table this next weekend.

 

[CalGalTraveler]

@TUGBrian @CalGalTraveler @Fredflintstone @pedro47 @COSkier1 @SNA27 @SteelerGal

This is the preliminary state TS Foreclosure/Deficiency/SOLs Laws Table, about 1/3 complete. Although 1/3 complete, I focused on noting states with any TS anti-deficiency treatment first. I note the following:
1) California, Florida, Maine, South Carolina, and Wisconsin provide anti-deficiency treatment for both defaulted MF and mortgages, although for the latter four states, one cannot object to a non-judicial foreclosure;
2) Colorado provides anti-deficiency treatment for defaulting MF (but not mortgage), and an objection may waive the anti-deficiency treatment;
3) Hawaii and Montana provide anti-deficiency treatment for defaulting mortgages (but not MF).
4) Illinois, Indiana, South Dakota, and Washington are permissive anti-deficiency states. IL, SD, and WA TS resorts may pursue: 1) non-judicial, anti-deficiency foreclosures, or 2) judicial, deficiency foreclosures. Maybe if in IL, SD, and WA, the TS owner only owes MF and with lawsuits being expensive, TS resorts might agree to non-judicial, anti-deficiency foreclosures. IN only has judicial foreclosures.

I'm hoping to try to finish this Table this next weekend.

Thank you for your hard work and the summary. This is pure gold which will help many.

FWIW...this work demonstrates how lawyers can help consumers to advocate for themselves by being educated on their rights. It's good karma.

 

[Grammarhero]

@CalGalTraveler @Fredflintstone @pedro47 @TUGBrian @DeniseM @cyntravel @SteelerGal @andre10056 @Bailey#1
Good afternoon,
Thank you for your patience. Work and fam kept me busy, so I didn’t work on the table as much as I wanted. This is the most recent table, about 2/3 complete. The yellow highlights reflect where I filled in the MF and mortgage SOL from the last table.

 

[Grammarhero]

@CalGalTraveler @Fredflintstone @pedro47 @TUGBrian @DeniseM @cyntravel @SteelerGal @RX8 @andre10056 @Bailey#1
Apologies that this update took so long. Work, fam, TS vacations, and being really sick for two weeks kept me busy. Attached is the most recent table. I am giddy this thread has 5k views and shows up on a google search.

Yellow highlights reflect filled-in MF and mortgage SOL from the last table. This version also adds legal authorities, MF and mortgage statutes of limitations, whether there are separate or nonjudicial TS foreclosures, operative language, links to laws, and notes for: CT, DE, DC, GA, Iowa, KY, LA, MD, MA, and NM. I have sixteen (16) states remaining (all deficiency states) taking four (4) more hours, which should finish in two (2) weeks to one (1) month. This table is about 85 percent complete. By the end, I will have spent twenty-seven (27) hours on this table/research, so please be patient about mistakes.

 

[Fredflintstone]

@CalGalTraveler @Fredflintstone @pedro47 @TUGBrian @DeniseM @cyntravel @SteelerGal @RX8 @andre10056 @Bailey#1
Apologies that this update took so long. Work, fam, TS vacations, and being really sick for two weeks kept me busy. Attached is the most recent table. I am giddy this thread has 5k views and shows up on a google search.

Yellow highlights reflect filled-in MF and mortgage SOL from the last table. This version also adds legal authorities, MF and mortgage statutes of limitations, whether there are separate or nonjudicial TS foreclosures, operative language, links to laws, and notes for: CT, DE, DC, GA, Iowa, KY, LA, MD, MA, and NM. I have sixteen (16) states remaining (all deficiency states) taking four (4) more hours, which should finish in two (2) weeks to one (1) month. This table is about 85 percent complete. By the end, I will have spent twenty-seven (27) hours on this table/research, so please be patient about mistakes.

Awesome stuff. Thanks for all the hard work. Sorry to hear you were sick. I hope you feel better.


Sent from my iPad using Tapatalk

 

[Panina]

@CalGalTraveler @Fredflintstone @pedro47 @TUGBrian @DeniseM @cyntravel @SteelerGal @andre10056 @Bailey#1
Good afternoon,
Thank you for your patience. Work and fam kept me busy, so I didn’t work on the table as much as I wanted. This is the most recent table, about 2/3 complete. The yellow highlights reflect where I filled in the MF and mortgage SOL from the last table.

I cannot open files. Looking for specific info for a timeshare I own in NC. I live in SC. Title issue hopefully can be resolved but if not option is to stop paying mf. Seller took title and was suppose to take as trustee but it was transferred to her as an individual, then transferred to me from her. I got it for free with no title insurance. Bluegreen trying to fix as they agreed to take the week as it is high Demand, prime time.

 

[Grammarhero]

I cannot open files. Looking for specific info for a timeshare I own in NC. I live in SC. Title issue hopefully can be resolved but if not option is to stop paying mf. Seller took title and was suppose to take as trustee but it was transferred to her as an individual, then transferred to me from her. I got it for free with no title insurance. Bluegreen trying to fix as they agreed to take the week as it is high Demand, prime time.

NC allows deficiency only for homes of primary residence.
Try downloading Adobe Reader or opening on a PC.
https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_45/Article_2B.pdf

Operative language: “Deficiency judgments abolished where mortgage secured by primary residence.” N.C. Gen. Stats., Art. 2B, Sec. 45-21-38A

 

[Mountinfun]

Did you conclude that NC does not allow deficiency judgements for MFs or mortgages?

 

[Mountinfun]

I should have said allows deficiencies--because not primary residence

 

[Sebastiantheibis]

I should have said allows deficiencies--because not primary residence

Are deficiency judgements allowed in NY?

 

[Grammarhero]

Did you conclude that NC does not allow deficiency judgements for MFs or mortgages?

NC allows deficiency judgments for TS MF and mortgages, unfortunately.

 

[Grammarhero]

Are deficiency judgements allowed in NY?

Unfortunately yes.

 

[pattelbert]

@CalGalTraveler @Fredflintstone @pedro47 @TUGBrian @DeniseM @cyntravel @SteelerGal @RX8 @andre10056 @Bailey#1

Thanks for the research, @Grammarhero. I believe that I might be the only person wondering about not paying maintenance on a TS in Mississippi - and from what I can see, they can put a lien on my stuff if I do just stop.

I'll write them and see what they offer to take it back. It was a gift (that keeps on giving) from my in-laws and now that we're retired, we won't do the TS life.

 

[james4326]

I own paid for TS in Colorado, & live in Texas. I do not want to pay any more MFs. We've owned it for over 35 years and have enjoyed it, but now are too old to travel much. Would the TX or Co laws prevail in this situation. Also, what do you mean "Colorado provides anti-deficiency treatment for defaulting MF (but not mortgage), and an objection may waive the anti-deficiency treatment".

 

[Grammarhero]

I own paid for TS in Colorado, & live in Texas. I do not want to pay any more MFs. We've owned it for over 35 years and have enjoyed it, but now are too old to travel much. Would the TX or Co laws prevail in this situation. Also, what do you mean "Colorado provides anti-deficiency treatment for defaulting MF (but not mortgage), and an objection may waive the anti-deficiency treatment".

I believe the CO laws prevail. If you do not object to the foreclosure, you’d get anti deficiency treatment. If you object, you’d get deficiency treatment.

 

[pedro47]

The Commonwealth of Virginia passed new timeshare laws recently and I really do not understand them.