Need advice on timeshare [Campground: North fork resort in VA]

[Mikenlaura]

Hi, this is my first post, hopefully I can get some helpful advice.

My wife and her brother were gift deeded a timeshare (North fork resort in VA) in 1995 by her father (who owned it). She only used it herself twice, the last time in 2002. Her father passed in 2011. Her brother used it and was paying the maintenance fees (no loan) for a few years and since my wife had no interest in it thought he had taken it over. He stopped paying years ago and now we just got a bill from a collection agency/law firm for 10 years of MF.

Should we hire a lawyer and try to negotiate something with the resort and collection agency?

Thanks,
Mike

 

[Ty1on]

They'll eventually foreclose. It will be a ding on her credit, but I don't think it will be a crippling one if she otherwise has a good rating.

If you want to try to negotiate an out to preserve her credit rating, you should be able to do this directly with the collection agency and avoid paying a lawyer. It's likely that that will result in a "settled for less than owed" credit report, so she still isn't getting out without a credit ding.

 

[Passepartout]

Write the collection agency demanding whatever information they have showing that your wife is responsible for these charges. If she ever paid maintenance fees, or was shown as a co-owner either with her dad or her brother might be enough for them to go on. It wouldn't hurt to have a lawyer versed in consumer debt write the letter.

Good Luck!

Jim

 

[Passepartout]

After re-reading the original post, I see that the wife and her brother were 'gift deeded' this timeshare. It is conceivable that these charges are legitimate. I'd be looking for her signature on any deed they can produce. Real Estate deeds are public record in the county where the TS is located. You can order a copy of the deed from the County Clerk.

Let us know how this works out.

 

[dioxide45]

After re-reading the original post, I see that the wife and her brother were 'gift deeded' this timeshare. It is conceivable that these charges are legitimate. I'd be looking for her signature on any deed they can produce. Real Estate deeds are public record in the county where the TS is located. You can order a copy of the deed from the County Clerk.

Let us know how this works out.

With very few exceptions (Louisiana), the buyer does not sign a deed.

 

[Passepartout]

With very few exceptions (Louisiana), the buyer does not sign a deed.

Thanks

 

[easyrider]

Hi, this is my first post, hopefully I can get some helpful advice.

My wife and her brother were gift deeded a timeshare (North fork resort in VA) in 1995 by her father (who owned it). She only used it herself twice, the last time in 2002. Her father passed in 2011. Her brother used it and was paying the maintenance fees (no loan) for a few years and since my wife had no interest in it thought he had taken it over. He stopped paying years ago and now we just got a bill from a collection agency/law firm for 10 years of MF.

Should we hire a lawyer and try to negotiate something with the resort and collection agency?

Thanks,
Mike

When I google North Fork Resort VA it shows a campground. Is this right ?

Bill

 

[Mikenlaura]

You are correct, North Fork is a member owned campground, my wife's family used to own a trailer there which they would use along with all the amenities at the campground (which I guess the MF go to). The trailer has not been there for 10 years or so.

 

[Passepartout]

Whatever you do, DO NOT sign up for one of those 'get you out of your timeshare' outfits. They are ALL scams that just get more of your money and do nothing you can't do yourself.

 

[Mikenlaura]

I thought about signing up for one of those outfits but changed my mine. Can a timeshare be given back? I'm concerned that they could take us to claims court, does that happen often?

 

[Passepartout]

I thought about signing up for one of those outfits but changed my mine. Can a timeshare be given back? I'm concerned that they could take us to claims court, does that happen often?

We really don't have much to do with campground TSs. You'd have to read whatever contract the campground membership rules say. How much are these 10 years of MFs being billed for? Whether or not they can file in court, or whatever, since they turned your wife over to collection indicates that THEY think they have the right.

I bought a campground membership a dozen or so years ago, and iirc the annual nut was something like $120/yr for maintenance. I sold it to somebody else when I sold my trailer. In answer to your question, some timeshares can be given back to the developer, usually at a charge, but honestly, they'd rather the owners kept sending them a check every month.

 

[Mikenlaura]

The bill is for all 10 years and about 10k. I don't know why we never received a bill or any correspondence from them for the past 10 years.

 

[Iggyearl]

Mike, your point is well taken. I would consider waiting until the next contact from the "collector." Then consider writing a note similar to : "Dear Sirs/Madams: My father died in 2011. I have no records of any communication from said resort since my father died. Please forward all correspondence related to this debt and all past attempts to initiate collection. I pay all my bills on time. However, I have no intention of paying obligations that I did not initiate. Thank you for your prompt attention to this matter."

I don't know the Statute of Limitations on debt, but you are probably being pursued by a group trying to turn back the clock.

 

[Passepartout]

The bill is for all 10 years and about 10k. I don't know why we never received a bill or any correspondence from them for the past 10 years.

The reason why you never heard from them is they have (internally) written it off, then some collection jerks 'bought' their debt for pennies on the dollar based on what they can collect. After they get the 'low hanging fruit', and it would require paying lawyers who can practice in the state where the debt occurred or where debters live in order to get a judgement, odds are they will go back to 'radio silence'.

Step one is to demand they provide evidence that your wife is actually responsible for the debt. If you (she) asks (demands) them in writing, they MUST provide whatever evidence they have to substantiate their claim.

After that happens, you can devise a game plan.

By the way, my wife is a lawyer who practices consumer bankruptcy and debt management law. All states aren't the same, but one can use similar tactics.

Jim

 

[Mikenlaura]

Good advice, thanks. I looked up the Statute of Limitations of debt for VA, it appears to be 5 years for written contracts although I'm not sure what if anything my wife signed.

 

[Mikenlaura]

This is the letter I plan on sending them, any thoughts on it?

My father, name here, died in 2011. Please provide evidence that I am responsible for this debt. I have no record of any communication from North Fork resort or anyone representing them. Please forward all correspondence related to this debt and all past attempts to initiate collection. I pay all my bills on time. However, I have no intention of paying obligations that I did not initiate. Thank you for your prompt attention to this matter

 

[Passepartout]

This is the letter I plan on sending them, any thoughts on it?

My father, name here, died in 2011. Please provide evidence that I am responsible for this debt. I have no record of any communication from North Fork resort or anyone representing them. Please forward all correspondence related to this debt and all past attempts to initiate collection. I pay all my bills on time. However, I have no intention of paying obligations that I did not initiate. Thank you for your prompt attention to this matter

I'd probably cut out the 'please' and 'thank you' bits. This is a demand, not a request.

 

[silentg]

Try to find out if they rented your spot to others during the time you were not using.

 

[theo]

It sounds to me like the OP's wife is listed on a deed as a co-owner with her brother as a result of the timeshare being gifted from their father. If so, it would seem that as co-owner she shares equal responsibility with her brother for the associated fees until / unless one is removed from the deed, regardless of who has been using the timeshare. Whatever the resort did with the vacant unit / week in past years is irrelevant. Having no interest in using the timeshare does not somehow magically dissolve a deeded co-ownership.

Since deeded timeshare purchases are often "in perpetuity", I'm not at all sure that VA "statute of limitations of 5 years for debt on written contracts" is even applicable here, but I certainly claim no first hand knowledge of VA law and / or its' direct relevance to this particular matter.

That said, if this is a collection agency effort, I would personally be inclined to just offer them a brief, three word reply of "Go pound sand". They get a percentage of whatever amount they can harass / cajole / persuade someone into paying --- but any percentage of zero is still zero.

 

[Passepartout]

That said, if this is a collection agency effort, I would personally be inclined to just offer them a brief, three word reply of "Go pound sand". They get a percentage of whatever amount they can harass / cajole / persuade someone into paying, but any percentage of nothing is still nothing.

That would be the next step after causing them to produce a signature from the wife accepting the gift.

 

[dioxide45]

That would be the next step after causing them to produce a signature from the wife accepting the gift.

Could that be used to get out of paying property tax and other obligations related to traditional real estate? Again, the buyer/taker of deeded real estate doesn't need to sign anything. They could challenge if someone tries to convey them a deed, but being more than 10 years, the OP is long past that. By owning the deed you are bound to the rules of the association documents.

In the end, the pound sand approach is probably best. Chances are slim that the debt collector will do anything more than just send some letters and perhaps make some phone calls.

 

[theo]

That would be the next step after causing them to produce a signature from the wife accepting the gift.

Hi Jim:
Not seeking to argue, but if the wife's name has been on a recorded deed as one of two co-owners for many years, I don't see how / why any “signature“ would possibly need to be produced for any reason now, all these years later. I would be inclined to think that being a named grantee on a recorded deed for many years, with no objection or challenge of any kind at any time, has already long ago demonstrated "acceptance".

 

[dioxide45]

Hi Jim:
Not seeking to argue, but if the wife's name has been on a recorded deed as one of two co-owners for many years, I don't see how / why any signature needs to be produced now, all these years later. I would be inclined to think that a named grantee on a deed, with no later objection or challenge, has already long ago exercised "acceptance".

It also sounds like the wife used it on at least two occasions. That would also constitute acceptance. Signature or no signature. Would this same thing apply if someone buys a timeshare resale with no written contract?

 

[Passepartout]

Hi Jim:
Not seeking to argue, but if the wife's name has been on a recorded deed as one of two co-owners for many years, I don't see how / why any signature needs to be produced now, all these years later. Isn't a named grantee on a deed, with no later objection or challenge, presumed to have long ago exercised "acceptance"?

I don't know either. I was just suggesting erecting more hoops for the collectors to jump through. I think that a camping 'resort' has serious cojones to sic bill collectors on someone who has had no use or even contact with the entity for a decade. Yes, the collectors are just broadcasting letters to every delinquent account on the books in the hope that some will pay.

It'd be interesting to find the name of the collection outfit and who's behind them.

One of my resorts changed to II from RCI. I got all kinds of 'Welcome to II' type junk, and have/had no inclination to join. By and by, I got a collection letter from an unused and unwanted resort. Turns out the collection agency was/is a subsidiary of II! Told 'em to pound sand and haven't heard a peep in like 3 years. My guess is that if they want to hire counsel with jurisdiction in Idaho, they'll settle for crumbs or fold.

 

[Mikenlaura]

Perhaps currently the best action is to ignore their letter. If they sue then hire a lawyer.

To answer a couple questions I read, the collection agency is a law firm located near the camp site, probably does all their legal work. Also, there are no assigned trailer spots. I believe trailers would be stored in a common area when not used and moved to a camp spot by reservation. My wife's family has not had a trailer there in 10 years.