Never filed a deed

[mpholmes]

We would like out of our timeshare. They do not have a deed back program. We never filed for a deed so timeshare is not in our name. What is the best way to get out of the timeshare and not be dinged for not paying MF.

 

[dioxide45]

What do you mean you never filed for a deed? How does the timeshare company even know you own it? Did you buy directly from them or did you buy resale?

 

[mpholmes]

What do you mean you never filed for a deed? How does the timeshare company even know you own it? Did you buy directly from them or did you buy resale?

We paid it off, they sent us papers to fill out and pay the fee to file the deed and to send it in. We never did.

 

[BigDawgTUG]

We paid it off, they sent us papers to fill out and pay the fee to file the deed and to send it in. We never did.

Just guessing that maybe what you did not sign was a reconveyance of the deed of trust, mortgage or other financing security document when the loan was paid off. I suspect title has always been in your name, or the timeshare company would not have recognized you as the legal owner. If, in fact, it was a reconveyance document, your title may still show as being subject to a loan even though that loan, as you say, has been paid off.

 

[dioxide45]

Just guessing that maybe what you did not sign was a reconveyance of the deed of trust, mortgage or other financing security document when the loan was paid off. I suspect title has always been in your name, or the timeshare company would not have recognized you as the legal owner. If, in fact, it was a reconveyance document, your title may still show as being subject to a loan even though that loan, as you say, has been paid off.

Yeah, this may also be called the satisfaction of mortgage.

 

[davidvel]

We would like out of our timeshare. They do not have a deed back program. We never filed for a deed so timeshare is not in our name. What is the best way to get out of the timeshare and not be dinged for not paying MF.

As noted, your post does not make sense. Who did you buy it from? You would not "file for a deed" when you bought it (or ever unless you sold it.) The deed would be conveyed to you when you bought it.

 

[Tuggernaut]

Assuming you own a deeded timeshare in the USA. there is a very good chance that you can go to the county's website in which your timeshare is located and search the county records for your name. If you own any property, those records (deeds) will show up. You probably will not be able to view any deeds in their entirety, but you will be able to see the very basics such as the date, the grantor & grantee names, and the selling price. It would be a good idea to contact that county to get an official copy of your deed sent to you. They usually charge like around $10 for this. For example, if you happen to own a timeshare in Orlando, Florida, Google the following "Orange county FL official records search". Google should then produce the Orange County, Florida website in which you can do a search using your last name.

 

[dioxide45]

You can also use this website to locate recorder office websites for every county in the country.

NETR Online • Public Records, Search Records, Property Tax, Property Search, Assessor

Search Records, Property Tax, Property Search, Assessor

publicrecords.netronline.com

 

[RX8]

We would like out of our timeshare. They do not have a deed back program. We never filed for a deed so timeshare is not in our name. What is the best way to get out of the timeshare and not be dinged for not paying MF.

To answer your question, there are really only three options that you have to be free of the timeshare.

1. Give it away (from your profile, it appears your timeshares have no resale value).

2. Deed it back (sounds like this isn’t an option). While technically still a deedback, you can ask if they have a hardship program (if you have financial or medical hardships).

3. Quit paying and let them foreclose.


Unfortunately, there are no other options. This would be true for any timeshare out there. Some timeshare exit companies may try to tell you that if you pay them thousands of dollars that they can get you out of your timeshare through some secret, proprietary method but that would be a lie. An exit company would utilize one of those three options. Even if it is a foreclosure they would keep your thousands of dollars.

Good luck.

 

[easyrider]

If a person hasn't filled out the paperwork to record a deeded timeshare and hasn't paid the recording fee, how could their information be legally added to the deed ?

Bill

 

[dioxide45]

If a person hasn't filled out the paperwork to record a deeded timeshare and hasn't paid the recording fee, how could their information be legally added to the deed ?

Bill

A deed is prepared and signed prior to recording. In fact, a deed doesn't need to be recorded to be legal. Recording provides public notice but most timeshare companies will want a copy of the recorded deed to complete the transfer between owners when there is a transfer of ownership.

The OP never came back to clarify what wasn't recorded. Several suspect the deed was recorded, but the satisfaction when the loan was paid of wasn't. The latter doesn't matter all that much.

 

[davidvel]

If a person hasn't filled out the paperwork to record a deeded timeshare and hasn't paid the recording fee, how could their information be legally added to the deed ?

Bill

In most states deeds are only executed by the seller, not the buyer because they are the one transferring interest in the property.

 

[easyrider]

A deed is prepared and signed prior to recording. In fact, a deed doesn't need to be recorded to be legal. Recording provides public notice but most timeshare companies will want a copy of the recorded deed to complete the transfer between owners when there is a transfer of ownership.

The OP never came back to clarify what wasn't recorded. Several suspect the deed was recorded, but the satisfaction when the loan was paid of wasn't. The latter doesn't matter all that much.

In most states deeds are only executed by the seller, not the buyer because they are the one transferring interest in the property.

I was thinking in a situation where an owner passed away and the resort has allowed the family to continue using the property because reservations and maintenance fees were paid. It seems like the resort could place a name on the deed, even though that person named hadn't consented ?

Bill

 

[davidvel]

I was thinking in a situation where an owner passed away and the resort has allowed the family to continue using the property because reservations and maintenance fees were paid. It seems like the resort could place a name on the deed, even though that person named hadn't consented ?

Bill

No. No one other than the owner (or court through probate) can transfer the property. Also, there is a common misunderstanding that something or someone can be placed on a deed. Once recorded, a deed cannot be altered (again, subject to a court action.) Certainly a resort has no ability to do anything with the deed.