Never recorded deed

[capecodsour]

My now ex-husband and I bought a timeshare and I completed the payoff in 2006. He received the owners bills and never paid them. He also never recorded the deed with the town in MA in which the timeshare is located. My question is, if the deed was never recorded, who is the rightful owner and responsible for all the back fees?
Thank you for any input.

 

[rrlongwell]

My now ex-husband and I bought a timeshare and I completed the payoff in 2006. He received the owners bills and never paid them. He also never recorded the deed with the town in MA in which the timeshare is located. My question is, if the deed was never recorded, who is the rightful owner and responsible for all the back fees?
Thank you for any input.

Check with an attorney, but I think you will find the buyers are still the owners. It can be recorded at anytime while the orginal buyers own it. You might want to check with the court house. The sellers may have recorded it. Either side can do so.

 

[Passepartout]

It would be part of the public record in the county where the TS is located. You may be able to see who the owner is online. The owner is responsible for fees.

Jim

 

[TheTimeTraveler]

My now ex-husband and I bought a timeshare and I completed the payoff in 2006. He received the owners bills and never paid them. He also never recorded the deed with the town in MA in which the timeshare is located. My question is, if the deed was never recorded, who is the rightful owner and responsible for all the back fees?
Thank you for any input.

Actually, I would wonder if the Timeshare Association may have simply taken back the deed for non payment of maintenance fees and Real Estate Taxes?????




.

 

[Talent312]

1. It may be that the deed was recorded by the seller or whoever handled the sale. If you or he have the original deed, look to see if it has any recording stamps added by the clerk. Alternatively, you may be able to go online or call the recording office to do a search.

2. A deed does not have to be recorded for title to pass. Recording simply places 3rd parties on notice of the sale. It keeps a seller from later re-selling or mortgaging the property. That bills were sent to him for MF's indicates that the resort was somehow notified and changed its ownership records.

3. If... (a) both names are on the deed, (b) the HOA did not foreclose or take back a deed for non-payment of the fees, and (c) the TS was not dealt with in the divorce decree... then both of you own a 1/2 undivided interest as "tenants in common" and are each responsible for the fees.

I suggest that you and your ex ask managment to take back a deed, and short of that, that you ask him to accept a quitclaim deed to avoid liability for future fees. If he does, both deeds need to be recorded and sent to the resort.