Looking for some advice [resort will not accept the transfer]

[rboesl]

I am having an issue with Soliel Management who manages Tahiti Village in Las Vegas. We sold off our EOYE ownership there in 2016 and part of the deal was the buyer would pay for the transfer of ownership. But, I keep getting calls, emails, mail notices that I owe 2018 maintenance fees. I have a copy of the recorded deed and have verified that in the county's online database.

I've spoken with Soliel Management ownership services people, including a manager, several times. I've explained to them that I no longer own that week and they should collect the fees from the current owner. I've even provided them with a faxed copy of the recorded deed. When I spoke to the manager she told me they received the ownership transfer paperwork back in 2016 but rejected it for "insufficient information". And, unless I pay for them to transfer ownership in their systems (a $750 fee) they will keep billing me.

Unfortunately I've lost track of who the transfer agent was. I don't want to keep dealing with these calls. I also don't feel I should have to pay the 2018 fees and the transfer fees.

 

[jhac007]

How did you communicate with the transfer agent? Have you tried contacting the buyer?

 

[rboesl]

How did you communicate with the transfer agent? Have you tried contacting the buyer?

Emails that have since been lost. Part of my regular clean up routine. I guess I'll have to send a letter to the new owner, which is a company not an individual.

 

[tombanjo]

When you say you sold it to a company - I hate to ask - but did you pay them or they pay you ? If it was an "LLC", they may not exist anymore.

 

[rboesl]

When you say you sold it to a company - I hate to ask - but did you pay them or they pay you ? If it was an "LLC", they may not exist anymore.

The deal was I pay the 2016 maintenance fee and they pay the transfer fees. They chose the transfer agent.

 

[Jan M.]

Did you pay someone to sell this for you? On our Clark County, Nevada deeds it shows the name of company that submitted the paperwork and the names of the seller and buyer.

Since the deed is no longer in your name how can you be responsible for something you don't own? And they know you don't own it! Wouldn't the process be to foreclose on the actual owner, real or non existent, not come after you? I remember reading posts about how these LLC and Viking ship companies operate.

 

[DeniseM]

Let's be honest:

It appears that you actully transferred (not sold) your timeshare to a Rescue Company (Vikingship LLC) that promised you an "easy out" from your timeshare ownership.

This "rescue company" did not transfer the timeshare into their name with the resort management company, because they didn't want to pay the $750 fee.

So in the management companies records YOU still own the timeshare. The management company is not obligated to accept the transfer if the fee isn't paid - or if they know that the owner is trying to pull a fast one.

There is no easy way out - and we warn about this scenario constantly on TUG.

 

[theo]

Speaking only for myself, I have no sympathy for anyone experiencing “difficulties” after knowingly trying to use a Viking Ship operation to slither out of their ownership obligations.

Too bad, so sad as far as I’m concerned. YMMV.

 

[RX8]

You last paid MF in 2016 but Soliel is only just now contacting you, and that being only for the 2018 MF? Did someone pay 2017 MF?

As others have said just because the deed has been recorded doesn’t mean the resort has to accept it. Seems like we are missing additional details here.

 

[DeniseM]

It's an EOY ownership, so no 2017 MF.
He didn't say that they just contacted him - I suspect it's been going on for most of 2018, since the 2018 MF was not paid.

 

[RX8]

Doesn’t seem like a Viking Ship scenario based on what the OP has said. The OP said that he only paid the 2016 MF towards the sale. And it appears that the 2016 MF was indeed paid to the resort, not pocketed by anyone. If the OP has given all the facts there is no financial incentive for a Viking Ship entity to take this on at these dollars. These outfits charge thousands of dollars, not essentially zero...or less than zero in this case if the buyer were to pay the transfer fee.

 

[rickandcindy23]

I think you are still liable, if the new buyer didn't want to pay Soleil's ridiculous transfer fee. I know it's $550 for my Hawaii timeshares with Soleil. That is way out of line for a transfer fee.

Usually Soleil expects 50% of the money EOY. I don't think you can pay the full fee in the year of use.

 

[DeniseM]

It seems EXACTLY like a Viking Ship Deal - the OP just omitted some critical facts in his post to make it sound better.

Yes, the OP may have paid his maintenance fee to the resort - but that's completely separate from any fee that he paid to the company that "rescued him." He didn't disclose that info.

These rescue companies are scammers - regardless of the agreement, they had no intention of paying the transfer fee - that's not what they do. They deed the timeshare is a Viking Ship company and abandon it. They probably did tell the OP that they would pay for the transfer - that was just part of the scam.

 

[rboesl]

I'll admit I mistakenly used the word "sold" to describe the transaction. I listed the timeshare on local craigslist for free. And,as I said, the agreement was I pay the 2016 maintenance fees so it could be used and the buyer pays the transfer fees with his selected transfer agent. There were no up front or back end fees. I will dig up the copy of the recorded deed to see if it mentions the transfer agent.

 

[RX8]

I'll admit I mistakenly used the word "sold" to describe the transaction. I listed the timeshare on local craigslist for free. And,as I said, the agreement was I pay the 2016 maintenance fees so it could be used and the buyer pays the transfer fees with his selected transfer agent. There were no up front or back end fees. I will dig up the copy of the recorded deed to see if it mentions the transfer agent.

Thanks for the clarification. Seems like the buyer got cold feet after the fact and decided to not pay the $750 transfer fee. If the buyer was serious about owning this they would have complained a long time ago about not being able to use it (as the resort doesn't have them listed as owner). If you cant find out who handled the transfer then one option may be to bring the MF current and then pay the $750 transfer fee. That would likely surprise the buyer when they get the next MF bill.

 

[tombanjo]

If the deed is in a ship that's sailed name, you probably can't transfer it. Per OP, there was "insufficient information" initially. That **might** have been an actual owner's name was missing if the resort does not allow LLC transfers.

 

[tschwa2]

Even if this is not an Viking Ship Co but an actual taker, it shows the importance of follow up. If the OP had kept in contact with the closing agent and buyer and made sure that the transfer was complete it probably would have been easier to track down and pressure to the taker to complete the transfer or undo the whole thing and start over before the next MF's became due. This is also the reason the management companies (and ebay closing agents) want things like copies of driver's licence and SS# and signed ownership agreements. Just because the deed is recorded if the management company won't transfer the contract because they don't believe there is a legitimate new owners based on the facts that the transfer fee is unpaid and they do not have complete information from the new owner then the old owner is still on the hook and to make things worse they don't have a clear title to the deed.

 

[icydog]

Thanks for the clarification. Seems like the buyer got cold feet after the fact and decided to not pay the $750 transfer fee. If the buyer was serious about owning this they would have complained a long time ago about not being able to use it (as the resort doesn't have them listed as owner). If you cant find out who handled the transfer then one option may be to bring the MF current and then pay the $750 transfer fee. That would likely surprise the buyer when they get the next MF bill.

This actually happened to me with a MX timeshare. I gave it away for free and paid the maintenance fees for that year. The buyer signed the sales contract but did not return all the forms necessary to the closing company. Everything was paid for, I paid the timeshare maintenance, transfer fees, and also all the fees to the closing company. But the new owner did not send in her final document ( I cannot remember what this missing paperwork was) but it was a right to use timeshare; I remember that.

When time passed and the paperwork was not forthcoming, and after several phone calls and emails ,the closing agent faxed the timeshare company the required paperwork.

Then the closing agent and I made a conference call to the company. The closing agent told the timeshare company the story and, voila, they transferred the ownership to the new owner.

Just like you said, I'll bet she was surprised when she got her welcome letter from the timeshare company. I don't know why she didn't send in her final documents because we were finished closing--- but she did not. Again, like you said, I imagine she had cold feet. I hope she is enjoying her timeshare.

 

[DaveNV]

A few years ago, during the time Grand Pacific Resorts was taking over management of Kauai Beach Villas from Wyndham, I was in process of selling my week there. The new deed had recorded with the state nearly two weeks before GPR assumed responsibility. Wyndham turned their back on their side of things, and never transferred things out of my name. Several months later the closing company (LTT) contacted me about the account, saying things still hadn't been transferred to the new owner's name. I contacted Grand Pacific, explained the situation and timeline, and they confirmed Wyndham had dropped the ball. They said there were a number of transfers Wyndham had failed to complete. A fax of the closing docs to GPR was all it took, and within a few minutes things had been transferred. Follow through is key. (And thanks, LTT, for staying on top of things. If they hadn't called me, no idea how long things might have gone on incomplete.)

Dave

 

[icydog]

A few years ago, during the time Grand Pacific Resorts was taking over management of Kauai Beach Villas from Wyndham, I was in process of selling my week there. The new deed had recorded with the state nearly two weeks before GPR assumed responsibility. Wyndham turned their back on their side of things, and never transferred things out of my name. Several months later the closing company (LTT) contacted me about the account, saying things still hadn't been transferred to the new owner's name. I contacted Grand Pacific, explained the situation and timeline, and they confirmed Wyndham had dropped the ball. They said there were a number of transfers Wyndham had failed to complete. A fax of the closing docs to GPR was all it took, and within a few minutes things had been transferred. Follow through is key. (And thanks, LTT, for staying on top of things. If they hadn't called me, no idea how long things might have gone on incomplete.)

Dave

I absolutely agree. If LT hadn't been my closing agent I would still own the MX timeshare I gave away for free. They followed up with the timeshare company and helped me rid myself of the timeshare I gave away.

 

[DeniseM]

I'll admit I mistakenly used the word "sold" to describe the transaction. I listed the timeshare on local craigslist for free. And,as I said, the agreement was I pay the 2016 maintenance fees so it could be used and the buyer pays the transfer fees with his selected transfer agent. There were no up front or back end fees. I will dig up the copy of the recorded deed to see if it mentions the transfer agent.

This transaction doesn't add up - why would a company want your timeshare? Something is missing here.

*A reputable title company would have collected the $750 transfer fee from the new owner to send to the resort's management company with the new deed. I suspect that they did not use an independent title company, but rather did the transfer themselves, in-house.

 

[DeniseM]

And,as I said, the agreement was I pay the 2016 maintenance fees so it could be used and the buyer pays the transfer fees with his selected transfer agent.

Did you pay the 2016 maintenance fee to Soliel Management or to the title company?

 

[rboesl]

Did you pay the 2016 maintenance fee to Soliel Management or to the title company?

To Soliel Management. I provided a copy of the receipt as proof.

 

[bogey21]

And, unless I pay for them to transfer ownership in their systems (a $750 fee) they will keep billing me.

Will they let you off the hook totally including the 2018 MFs if you pay them the $750?

George

 

[icydog]

I’d pay the $750 to be out from under this contract. I know it’s like throwing good money after bad but it’s the only way out at this point. Bite the bullet and then yell GOOD RIDDANCE!