Maintenance Fees Debt Collection

[gaellynn]

The maintenance fees have not been paid for 9 years, they continue to compound and never went away. They post constantly on my credit report, add the new amount year after year with interest. This has been a nightmare to get out of, to negotiate a payment and to get rid of these two timeshares. One even is a "deeded" time share, default on the taxes and it still won't go away. I really need help on figuring this out. Any guidance is greatly appreciated. Feeling defeated and trying to do the right thing.

 

[DeniseM]

Have you considered declaring bankruptcy?

 

[Fredflintstone]

I am assuming they are soaking the other owners under “bad debt expense” and trying to double dip.

Check the laws in the State where the timeshare is at. There is probably a Statute of Limitations on suing. Since it’s 9 years ago, I would write them a certified letter telling them that their Statute of Limitations are now over and hence their ability to collect is now impossible. Not foreclosing is irresponsible to their other owners. If they want, you will sign over a deed in lieu of foreclosure. If they want to continue their ways, you will consider them a lost cause and get on with your life.

As for credit file, there are limits on how many times and how long they can report. My guess is 7 years. In that case, dispute the credit reporting under the 7 year maximum rule.

Best advice would be to consult a lawyer. The above is intended to give you a starting point with your lawyer in terms of questions to ask and possible solutions.

Good luck with it.


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[VacationForever]

I am assuming they are soaking the other owners under “bad debt expense” and trying to double dip.

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There is really no double dipping as any unpaid MF has to be covered by other owners. If they ever collect the debt then the payment goes back to their income pool.

 

[gaellynn]

I am assuming they are soaking the other owners under “bad debt expense” and trying to double dip.

Check the laws in the State where the timeshare is at. There is probably a Statute of Limitations on suing. Since it’s 9 years ago, I would write them a certified letter telling them that their Statute of Limitations are now over and hence their ability to collect is now impossible. Not foreclosing is irresponsible to their other owners. If they want, you will sign over a deed in lieu of foreclosure. If they want to continue their ways, you will consider them a lost cause and get on with your life.

As for credit file, there are limits on how many times and how long they can report. My guess is 7 years. In that case, dispute the credit reporting under the 7 year maximum rule.

Best advice would be to consult a lawyer. The above is intended to give you a starting point with your lawyer in terms of questions to ask and possible solutions.

Good luck with it.


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Thank you. I can not find a lawyer who is willing to help me with this, I have spoken to at least six. Guessing they don't make big money on this so they won't take it. I have contacted so many. I am in California. Now considering bankruptcy just to get out.

 

[breezez]

It’s an ongoing debt so I don’t think statue of limitations will help.

I don’t know your financial situation but if you want to stop the callls go see a bankruptcy attorney.

At best he can send them a letter about harassment they will foreclose and give up. Or you may need to file bankruptcy to get out from under.

If you have financial means to pay and just didn’t want too then expect the harassment to continue. That said if they were going to sue you they would have by now.

 

[Fredflintstone]

Thank you. I can not find a lawyer who is willing to help me with this, I have spoken to at least six. Guessing they don't make big money on this so they won't take it. I have contacted so many. I am in California. Now considering bankruptcy just to get out.

Yes, bankruptcy may work. I have personally seen a trustee letting you keep the timeshare as it’s not considered an asset.

California?

Please try

Mr. Bowman

[Link to "Timeshare Rescue Company" deleted]

Mr. Sussman in Beverly Hills, ca is a good timeshare lawyer too.

Good luck with this.


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[Fredflintstone]

It’s an ongoing debt so I don’t think statue of limitations will help.

I don’t know your financial situation but if you want to stop the callls go see a bankruptcy attorney.

At best he can send them a letter about harassment they will foreclose and give up. Or you may need to file bankruptcy to get out from under.

If you have financial means to pay and just didn’t want too then expect the harassment to continue. That said if they were going to sue you they would have by now.

I know for a fact debts can’t accumulate forever. You are right, lawsuit is out.


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[Fredflintstone]

Bankruptcy is an option but be sure the trustee will return the deed. I personally know of 3 cases where the trustee let the person KEEP their timeshare because it was not seen as an asset but were able to remove the past due maintenance fees.


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[breezez]

Bankruptcy is an option but be sure the trustee will return the deed. I personally know of 3 cases where the trustee let the person KEEP their timeshare because it was not seen as an asset but were able to remove the past due maintenance fees.


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Mmmm Makes me wonder then if you did file bankruptcy could you just sign your deed over to the trustee or HOA without their asking. I have never seen a deed where the receiver signs anything.

 

[gaellynn]

Thank you. Beverly Hills lawyer is probably out of my price range! I am in Los Angeles.

 

[Fredflintstone]

The cases I know the bankruptcy trustee left the deed in the persons name. They said the person can keep it because it’s not an asset. So, they were still left with the MF in the future.

I think any Board that leaves a deed in the hands of a nonpayor for 9 years and just keeps soaking other owners for the costs are very irresponsible. If they do that with every defaulting owner, the owners in good standing really get hosed. The least the HOA can do is foreclose and find another paying owner.


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[gaellynn]

I want to negotiate the maintenance fees that are in the rears and have been turned over to a bully, difficult collection agency. Once the fees are current I understand that I will still have the MF fees and the deed, at which time I hope to turn it around and give it away. Any thoughts?

 

[Fredflintstone]

My thoughts would be to check out your rights here first.

https://www.ftc.gov/enforcement/rul...dings/fair-debt-collection-practices-act-text

Then consult a consumer protection lawyer.

A collection agency is bound by the FDCPA. Learn that and I think you will have solutions.


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[Panina]

I want to negotiate the maintenance fees that are in the rears and have been turned over to a bully, difficult collection agency. Once the fees are current I understand that I will still have the MF fees and the deed, at which time I hope to turn it around and give it away. Any thoughts?

How long has it been with the collection agency? Prior to going to collection agency did the resort try to collect? did you talk to the resort to try to resolve or deed back or did you ignore correspondence? Where is the resort? Is it a chain or a smaller self run HOA. Are the two at the same resort?

 

[VacationForever]

I want to negotiate the maintenance fees that are in the rears and have been turned over to a bully, difficult collection agency. Once the fees are current I understand that I will still have the MF fees and the deed, at which time I hope to turn it around and give it away. Any thoughts?

Once debt has been turned over to collections, you really cannot negotiate out of it, without simply forgiven through bankruptcy court. Companies sell bad debts to collection agencies. Collection agencies want to collect whatever they can to recover the money that they had paid to buy your bad debt.

I know it is water under the bridge, but why did you not reach out to them 9 years ago to either have them foreclose on you or do a deedback in lieu of foreclosure?

 

[gaellynn]

How long has it been with the collection agency? Prior to going to collection agency did the resort try to collect? did you talk to the resort to try to resolve or deed back or did you ignore correspondence? Where is the resort? Is it a chain or a smaller self run HOA. Are the two at the same resort?

It has been with the collection agency for at least 7 years, the activate it as a "new debt" every year on my credit report, add the new MF and interest. I've tried contacting the resort directly. The say it is "out of their hands" once it goes to collection. I've been trying to talk to them for years on the phone (the collection agency) I have had other representatives call them. They are bullies, difficult and horrible to deal with. The time shares are at two different companies, one is deeded one is not. I don't understand all this, I was left with the mess and I'm trying to do the "right thing". I appreciate all the feedback here but I am lost.

 

[boris-bear]

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[boris-bear]

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[TUGBrian]

seems kinda fishy they have clearly sold the debt to a collection agency, but still try to bill you year after year and tack on the new debt...vs just foreclosing.

ive honestly never ever heard of this, is this a US based timeshare? what system? independent resort?

my first call/email would be to the consumer protection division of the california atty generals office!

 

[Fredflintstone]

I still suggest you talk to a lawyer about your situation. I can only give you things to discuss with your lawyer. I am sure you will find one lawyer who can help you. Los Angeles has 1000s of lawyers. I wish you luck.

 

[gaellynn]

Once debt has been turned over to collections, you really cannot negotiate out of it, without simply forgiven through bankruptcy court. Companies sell bad debts to collection agencies. Collection agencies want to collect whatever then can to recover the money that they had paid to buy your bad debt.

I know it is water under the bridge, but why did you not reach out to them 9 years ago to either have them foreclose on you or do a deedback in lieu of foreclosure?[/QUO

I still suggest you talk to a lawyer about your situation. I can only give you things to discuss with your lawyer. I am sure you will find one lawyer who can help you. Los Angeles has 1000s of lawyers. I wish you luck.

and most time share lawyers seem to have not so good reputations. I'm trying, no luck

 

[DeniseM]

Fredflintstone - We don't support "Timeshare Rescue" companies on TUG.

Please try Mr. Bowman

On what basis are you making this recommendation?

 

[Fredflintstone]

Do you have a family lawyer you trust? Maybe they can steer you in the right direction. Your situation is complex and I think beyond the scope of a forum like this. One last name of a lawyer I know is good in SAN Diego. Young and dynamic and has a stellar reputation.

[Link to "Timeshare Rescue Company" deleted]




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[gaellynn]

Fredflintstone - We don't support "Timeshare Rescue" companies on TUG.

On what basis are you making this recommendation?

This "Mr. Bowman" has a terrible reputation and complaints with the BBB. I don't need more problems and money takers . https://www.bbb.org/western-washing...n-lynnwood-wa-22783129/reviews-and-complaints