My 82 year old mother bought a timeshare please help

[TUGMatt2024]

While on a trip to a Reno, NV casino last October my 82 year old mother attended a Holiday Inn Club vacations seminar. She was sold on the timeshare as not a timeshare and didn't tell any of her kids (me) that she had signed up. I will add that my mom is very frail and has been in and out of the hospital more than 10 times since the timeshare seminar. She is not cleared to travel and barely gets around with a walker. My mom lives in California. She finally admitted to the signup and gave me the paperwork to help her get out of the timeshare.

Here's the timeline since signing up for the timeshare.

1. Attended HIC timeshare seminar and signed documents 10/2023
2. Same day she signed up for the timeshare she "fell" in the casino and was taken to the hospital. Casino told me they don't have recordings now since it's been months. She returned home 2 days later with 11 stiches in her head, but ok.
3. Within the 5 day cancel period she called every day and was transferred to original phone number or sent to voicemail
4. She put a stop to the original deposit of $3,700
5. She made three payments before stopping payments
6. She has not made a payment since
7. She signed a contract with XYZ Financial group for $13,000 to help get out of the timeshare
8. She stopped payment on the check to XYZ Financial group prior to the check getting cashed
9. She is now receiving certified letters from HIC lawyers to pay or she'll be taken to court

Any advice as to how to handle this would be greatly appreciated. Is she on the hook to pay off the timeshare and the XYZ Financial group? She's already seen her credit score go down 200+ points, but not sure her credit score matters at 82. Any chance she can just default and ignore all the threatening letters and phone calls? If I were to handle this who should I call first? Thanks!

 

[jp10558]

At 82, not in great health, and especially if she doesn't need credit, she can just default. Which it seems like she already has if it's affected her credit score. If you miss the recession window, you're stuck except for default. The important thing is of course to read the contracts about how to rescind, which calling is not going to work as she found out. That ship has sailed, so I'd just stop paying, tell the debt collectors to only contact by mail and throw those mailings out and call it as good as it's going to get.

 

[jwalk03]

Just default. They will send letters and call but not much else. Ignore them. Eventually they will foreclose. At her age and health don't think her credit score really matters.

 

[TXgalSAM]

Be sure that you DECLINE it as an inheritance or you'll be stuck with it, too.

 

[TUGMatt2024]

Thanks for the responses. Are there concerns that they could go after her house or other assets to settle the debt?

 

[HedonisticEpicurean]

In situations like this, I tend to make a passionate yet polite, but firm stand. I call it time to make a STINK. Several years ago, my 83-year-old uncle was convinced by a banker to purchase an annuity. I sent a strongly worded letter to the bank, stating that their actions amounted to elder financial abuse and threatened legal action if the issue wasn't resolved immediately. This led to a swift response from the higher-ups within days, including an apology.

In your case, I would identify and email the higher-ups, from the Marketing VP to the CEO. In these emails, clearly state that you believe their actions constitute illegal elder financial abuse. Demand that they rectify the situation within 7 days, including a full refund of all payments made. Make it clear that if they do not comply within 7 business days, you will report the matter to the relevant Nevada authorities.

If they fail to respond, report the suspected elder financial abuse—also known as elder exploitation—to the Aging and Disability Services Division (ADSD) and the local Adult Protective Services (APS). You can reach them at (702) 486-6930 in Clark County or (888) 729-0571 in other areas. Additionally, consider reporting this to other authorities, such as the U.S. Department of Justice or local police.

While this approach may not guarantee success, it’s important not to let this business's elder exploitation go unchallenged. At least make a STINK and get their attention. What angers me most about this situation is that it was a clear case of financial elder exploitation. No elderly person, especially someone 82 years old and in poor health, should be pressured into such a financial commitment.

Others on here will tell me I'm crazy and nothing can be done. But, this isn't a typical timeshare situation, IMO. A large company has taken advantage of this woman who was in no right mind (most likely) to enter into a financial obligation like a timeshare sale.

 

[jwalk03]

In situations like this, I tend to make a passionate yet polite, but firm stand. I call it time to make a STINK. Several years ago, my 83-year-old uncle was convinced by a banker to purchase an annuity. I sent a strongly worded letter to the bank, stating that their actions amounted to elder financial abuse and threatened legal action if the issue wasn't resolved immediately. This led to a swift response from the higher-ups within days, including an apology.

In your case, I would identify and email the higher-ups, from the Marketing VP to the CEO. In these emails, clearly state that you believe their actions constitute illegal elder financial abuse. Demand that they rectify the situation within 7 days, including a full refund of all payments made. Make it clear that if they do not comply within 7 business days, you will report the matter to the relevant Nevada authorities.

If they fail to respond, report the suspected elder financial abuse—also known as elder exploitation—to the Aging and Disability Services Division (ADSD) and the local Adult Protective Services (APS). You can reach them at (702) 486-6930 in Clark County or (888) 729-0571 in other areas. Additionally, consider reporting this to other authorities, such as the U.S. Department of Justice or local police.

While this approach may not guarantee success, it’s important not to let this business's elder exploitation go unchallenged. At least make a STINK and get their attention. What angers me most about this situation is that it was a clear case of financial elder exploitation. No elderly person, especially someone 82 years old and in poor health, should be pressured into such a financial commitment.

Others on here will tell me I'm crazy and nothing can be done. But, this isn't a typical timeshare situation, IMO. A large company has taken advantage of this woman who was in no right mind (most likely) to enter into a financial obligation like a timeshare sale.

I actually agree. I considered suggesting something along these lines given the persons advanced age and health. It’s at least worth a try and there is certainly at least a case to be made her for financial elder abuse.

 

[rickandcindy23]

That is absolutely horrible that a company would push an elderly woman to buy a timeshare. That is despicable. I am disgusted that someone thought this would be okay. @HedonisticEpicurean is so right!

 

[ScoopKona]

While this approach may not guarantee success, it’s important not to let this business's elder exploitation go unchallenged.

A waste of time, ink, a stamp, and emotional energy.

Timeshares already have an awful reputation. They're able to keep selling timeshares because people will stand in line for free headaches. They already "enjoy" all the bad press this country is capable of throwing at them. See the recent John Oliver segment for proof.

The timeshare company will submit a pile of evidence and signed documents which state that mom signed up for the presentation; that she got whatever gift they promised; and that she signed paperwork which says she read every word and understood the terms of the contract.

It doesn't matter what's right, what's ethical, or "the principle of the thing." All that matters is what can be presented in court. They have a team of attorneys. And your mom doesn't. There is no chance of winning. And anyone who claims otherwise wants to scam your mother for even more of her money.

And then there's the timeshare exit company, which saw a target and scammed her for the second time on the same purchase. Block their number and bin their letters.

Default, walk away, and stop wasting emotional energy on this. Letting it eat you up internally isn't going to improve things.

The reason this continues is that there are a lot of people who are absolutely delighted with their timeshare. It's a fun toy which yields a lifetime of travel. That's what they're selling -- even if the person who buys it will never enjoy it.

 

[Snazzylass]

In situations like this, I tend to make a passionate yet polite, but firm stand. I call it time to make a STINK. Several years ago, my 83-year-old uncle was convinced by a banker to purchase an annuity. I sent a strongly worded letter to the bank, stating that their actions amounted to elder financial abuse and threatened legal action if the issue wasn't resolved immediately. This led to a swift response from the higher-ups within days, including an apology.

In your case, I would identify and email the higher-ups, from the Marketing VP to the CEO. In these emails, clearly state that you believe their actions constitute illegal elder financial abuse. Demand that they rectify the situation within 7 days, including a full refund of all payments made. Make it clear that if they do not comply within 7 business days, you will report the matter to the relevant Nevada authorities.

If they fail to respond, report the suspected elder financial abuse—also known as elder exploitation—to the Aging and Disability Services Division (ADSD) and the local Adult Protective Services (APS). You can reach them at (702) 486-6930 in Clark County or (888) 729-0571 in other areas. Additionally, consider reporting this to other authorities, such as the U.S. Department of Justice or local police.

While this approach may not guarantee success, it’s important not to let this business's elder exploitation go unchallenged. At least make a STINK and get their attention. What angers me most about this situation is that it was a clear case of financial elder exploitation. No elderly person, especially someone 82 years old and in poor health, should be pressured into such a financial commitment.

Others on here will tell me I'm crazy and nothing can be done. But, this isn't a typical timeshare situation, IMO. A large company has taken advantage of this woman who was in no right mind (most likely) to enter into a financial obligation like a timeshare sale.

A timeshare company is NOT a bank. The bank answers to the Federal Agency, Consumer Financial Production Bureau.

 

[Snazzylass]

Thanks for the responses. Are there concerns that they could go after her house or other assets to settle the debt?

No. It's an unpaid debt. They have no more recourse then if she didn't pay her dentist. The debt is "secured" by the timeshare, if that is what it is. It sounds like a vacation club which is an even more ridiculous category. So, effectively, it is an unsecured debt. Like if she didn't pay her Discover card. Hurts her credit. End of story.

Of course, like others have said, she needs to ignore the letters and phone calls, the efforts to collect a debt.

So sorry about your mom's health! Best to all of you!

 

[jp10558]

@ScoopKona doesn't have the nicest way of putting it but unless you have a guardianship on your mom, she's an adult and the law says she's competent no matter what you or anyone else might think. That means she can enter into bad deals and make stupid financial choices. The law doesn't treat someone as incapable of making decisions based on how old they are once past 18. Maybe you could start a campaign to change that, but then again, I don't know many people who would want to go back to being a "minor" just cause they turned 80 or something and need a state appointed "parent".

 

[TUGMatt2024]

Appreciate all the responses everyone. This site has been the greatest help. We will implement operation "do nothing and ignore all communications from HICV". Thanks again everyone!!!

 

[TUGBrian]

agree with most of the posts above, especially the part about not sending any more money.

in future correspondence I agree with explaining the situation and details (elderly/injured/preyed upon/etc) HICV is a publicly traded company and a household brand...this is EXACTLY the sort of thing that they want to avoid headlines about.

I see very little risk involved for your mother here other than likely getting a ton of threatening calls/emails/letters. and if push came to shove, they arent going to sick the dogs on an 82 year old handicapped grandmother vs just hoping she will pay.

very sorry for what you and your mom are going through, but PLEASE do not have her send any more money anywhere!

 

[lundberry]

A few things I strongly encourage you to look into guardianship. This situation you are describing is a prime example of why she might need it. Even if you have power of attorney for your mother, there are more substantive rights that you gain with guardianship.

Even if HICV is not a bank they can still be subject to elder abuse laws. Because this is a real estate transaction it is actually necessary for someone to have an actual understanding of what they are agreeing to. It sounds to me like your mother is lacking the competence to understand what she was agreeing to. One of the things people within the financial services industry are routinely trained on is spotting financial elder abuse by non-financial services entities whether it be a business or an individual. It is not just a reputational issue. As others have stated, there are actual legalities that come into play here.