Need help with mother's timeshare

[Nate1964]

Hi everyone,

I need help with my mom's timeshare with Westgate resorts. She has owned it for many years against our advice and now she has upgraded it to the point where she can't afford it as they promised her that she can rent it out to cover all the expenses. She has found that our to be nearly impossible and untrue. She has missed the rescission period. We need to get her out of it as she can't afford it. She had to quit her job in May due to medical issues so she can only pay fees for a few more months. She upgraded back in March of 2023.

What happens if we just don't pay? Do we need to get a timeshare lawyer to help us get out? They misrepresented how everything works and took advantage of her. I know timeshare cancellation companies aren't the best. She has house and car paid off so not too worried about credit taking a hit. I just didn't know if anybody else has gone down this route. I don't want them coming after her estate or anything if she passes away as she has been having heart issues lately. We will make sure none of us are on her will to receive it. But she owes over $100,000 on the newly upgraded Westgate units

 

[Passepartout]

She needs to just stop paying. Yes, Wastegate- as they are known here- will make a run at ruining her credit, but with no job, no income, and all her assets paid off, she is likely 'judgement proof'. The TS has no value- even paid off it is worth nothing. Sorry to be the bearer of bad news. For proof, go to eBay and type the resort, and unit size in the search window., Look down the left side for 'Completed Auctions'. You will see how many, priced at zero-to $1 did not sell.

DO NOT nsign up for any upfront fee 'exit' company. They are scams that will charge large fees to 'advertise' it on some obscure website and then do nothing. Eventually it will foreclose and they have the cojones to call that a 'successful exit'.

As to what will happen, they will foreclose, but not until they have sicced collection agencies (they have their own) on her. son at that point demand (in writing) that ALL communications MUST be by US Mail.

You are correct in not having it in her will. Upon her passing, have the probating attorney write them (or whomever has the note) that no heir has been found that will accept the negatively valued 'asset' and instruct them to foreclose.

We have not heard of Wastegate seizing assets, but if any entity would do it, it would be wastegate. Florida is a non-judicial state, meaning she and her estate isn't responsible for paying the amount between the foreclosure amount and the and amount of the deficit.

In short. Do nothing.

Jim

 

[TUGBrian]

100k, wow.

credit score certainly isnt worth that amount. (nor is the westgate timeshare)

 

[Nate1964]

She needs to just stop paying. Yes, Wastegate- as they are known here- will make a run at ruining her credit, but with no job, no income, and all her assets paid off, she is likely 'judgement proof'. The TS has no value- even paid off it is worth nothing. Sorry to be the bearer of bad news. For proof, go to eBay and type the resort, and unit size in the search window., Look down the left side for 'Completed Auctions'. You will see how many, priced at zero-to $1 did not sell.

DO NOT nsign up for any upfront fee 'exit' company. They are scams that will charge large fees to 'advertise' it on some obscure website and then do nothing. Eventually it will foreclose and they have the cojones to call that a 'successful exit'.

As to what will happen, they will foreclose, but not until they have sicced collection agencies (they have their own) on her. son at that point demand (in writing) that ALL communications MUST be by US Mail.

You are correct in not having it in her will. Upon her passing, have the probating attorney write them (or whomever has the note) that no heir has been found that will accept the negatively valued 'asset' and instruct them to foreclose.

We have not heard of Wastegate seizing assets, but if any entity would do it, it would be wastegate. Florida is a non-judicial state, meaning she and her estate isn't responsible for paying the amount between the foreclosure amount and the and amount of the deficit.

In short. Do nothing.

Jim

Thank you Jim!

I completely understand and have been trying to convince her to do nothing! My only worry is that I do not fully understand all the laws and regulations surrounding which state laws they will follow. She lives in Indiana, timeshare is at Westgate Smoky Mtn Resort in Tennessee, and Westgate headquarters in Florida, etc.

This was why I initially told her maybe pursuing an attorney who can help her with all the steps. It would just be very hard on her having people from collections calling and mailing her stuff all the time. Just don't know how to make that stop eventually.

 

[Nate1964]

I forgot to mention that my mother's age is 59. She just started working again but no longer in old capacity and basically finding full time minimum wage job. She does have capacity to work now. Do we have to worry about garnishing wages or is it not as judgement proof as first thought? This is why I am more leaning to the attorney but I am open to being convinced otherwise.

 

[rickandcindy23]

I forgot to mention that my mother's age is 59. She just started working again but no longer in old capacity and basically finding full time minimum wage job. She does have capacity to work now. Do we have to worry about garnishing wages or is it not as judgement proof as first thought? This is why I am more leaning to the attorney but I am open to being convinced otherwise.

A private attorney, maybe, but not these exit companies who say they are attorneys with success at helping people.

I think she should walk away and let it hit her credit negatively. It's better than paying criminals for a worthless timeshare. I wouldn't waste any time or thought, I would stop paying immediately. Garnish her wages? That would be the time to call an attorney. But lawyers are also up there with criminals, most of them.

Write a letter to tell the finance company the situation, tell them no more money will be coming their way as a first step. Second step is to stop paying and when/if the credit is hit, write a letter to the credit reporting agency to explain. Timeshares are known as scams.

 

[Nate1964]

A private attorney, maybe, but not these exit companies who say they are attorneys with success at helping people.

I think she should walk away and let it hit her credit negatively. It's better than paying criminals for a worthless timeshare. I wouldn't waste any time or thought, I would stop paying immediately. Garnish her wages? That would be the time to call an attorney. But lawyers are also up there with criminals, most of them.

Write a letter to tell the finance company the situation, tell them no more money will be coming their way as a first step. Second step is to stop paying and when/if the credit is hit, write a letter to the credit reporting agency to explain. Timeshares are known as scams.

Thank you for spelling out when to write letters and to which company. I'm definitely having her stay away from those exit companies

 

[stmartinfan]

Once she stops paying, be sure she doesn't answer any phone calls from numbers not in her contact list. Since she was easily convinced to buy, she is likely susceptible to high pressure calls, false info, etc. Any person who has a valid reason to call will leave a voice mail, although she should be cautious about returning questionable messages too.

 

[kupool]

Hi everyone,

I need help with my mom's timeshare with Westgate resorts. She has owned it for many years against our advice and now she has upgraded it to the point where she can't afford it as they promised her that she can rent it out to cover all the expenses. She has found that our to be nearly impossible and untrue. She has missed the rescission period. We need to get her out of it as she can't afford it. She had to quit her job in May due to medical issues so she can only pay fees for a few more months. She upgraded back in March of 2023.

What happens if we just don't pay? Do we need to get a timeshare lawyer to help us get out? They misrepresented how everything works and took advantage of her. I know timeshare cancellation companies aren't the best. She has house and car paid off so not too worried about credit taking a hit. I just didn't know if anybody else has gone down this route. I don't want them coming after her estate or anything if she passes away as she has been having heart issues lately. We will make sure none of us are on her will to receive it. But she owes over $100,000 on the newly upgraded Westgate units

Nate,
Jim was 100% correct in the advice he gave you. I do not know your mother but she sounds like a fabulous person and takes pride in her self. This self-worth can be the opening for scam artist that try to con her into "doing the right thing and helping". I would agree with Jim to just send a letter saying she is stopping and cut off all communication and payment. If she does get a call and out of guilt answers the call, have her direct them to call you as you have 'power of attorney' and handle all financial affairs. Westgate can be quite aggressive. Communication with them regarding employment, health, etc should be kept to a minimum. They do not care and will only use this to exploit.
An additional option is to go through the Westgate Legacy Program, aka buy-back-program. It is hit and miss if they will take it back. And don't be surprised if they want $3-5K to take it back. Ugh! Again, Jim is correct regarding the buy-back and the timeshare exit companies.

Lastly and most importantly, she has you as her son. No doubt this will be ugly but together you will successfully get through this. Too, your fellow and sister Tuggers are here to assist. Your caring for your mother has came through loud and clear. You sir, are a good son and a good man. Blessings to you and your mom as you experience this new chapter. Try to not let this effect your and your mom's emotional well being.
Mark