New Here! Help with Westgate Timeshare

[GTLINZ]

True! However, if the OP ever gets due, it will likely be one of this debt collectors who buy the debts for pennies on the dollar and try to see who they can scare to paying them.

LOL Westgate squeezes a few more dollars out of this scam...

 

[andre10056]

I'm going to be moving from my current home this week. How should I handle this? Do you think that I should let know the collections agency my new address? I fear someday I'll be summoned, and I won't be aware of it. Or with the update of my address in USPS will be enough?

I'm new in the US so please bear with me

Hi Pablo. Sorry to hear that you got scammed by Westgate in particular and the timeshare industry in general. As I'm sure you know, you are not alone.

Having read through some of the advice you've gotten above, some of it seems fine but some of it may possibly maybe get you into trouble. Recognize that you're asking non-lawyers legal questions.

That being said, we did here on TUG have a lawyer and TUG member who did extensive research on different states' timeshare laws. His post, now about five years old, appears below:

Links to Official State Timeshare Laws and Guides/Manuals

@TUGBrian @DeniseM @CalGalTraveler take a look. This weekend, I’m creating a spreadsheet with official links to states’ timeshare laws, as well as their statuses as to non-judicial, anti-deficiency foreclosures. In the meantime, I will just keep adding notes. * Legal Disclaimer: This list...

tugbbs.com

And as to Florida, he wrote the following:

Florida – FL, inaction or non-objection results in estate, anti-deficiency foreclosure, but objection leads to judicial, deficiency action: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0721/0721.html
https://www.flrules.org/gateway/ChapterHome.asp?Chapter=61B-37

From my understanding from discussing this at the time of his posting (and I want to stress I'm not an attorney), the consensus belief was that, in Florida, the only thing that a timeshare entity can do is get their property (the timeshare) back. Their foreclosure (I think I read something about a trustee's foreclosure) is non-judicial, there's no judge involved, so no deficiency judgment can emerge from that non-judicial foreclosure action.

However, if you object to such apparently expeditious foreclosure action, a judge has to be called upon to listen to to both sides and render a decision. And that decision can very well be that you owe the outstanding amount on the mortgage, the past due maintenance fees, late fees, other administrative fees, legal fees, etc., etc., etc.

So if it's true that "inaction or non-objection results in estate, anti-deficiency foreclosure", don't object in any way. Don't give them a "Gotya!" justification to run to court and sue you.

So I get concerned when I see advice like "tell the judge how you were scammed" if you get sued. Seems to me that's an objection. Moreover, you shouldn't have been sued in the first place. If you got sued because they lied and said you had objected in whatever way, it seems to me that you might show up not objecting in any way, but instead with a Motion to Dismiss filed prior to the commencement of the litigation in which you simply point out that you had NOT objected to their proposed foreclosure action and, indeed, welcomed it. And that, under the circumstances, under such and such paragraph, they had no right to file this litigation.

That's what I would do IF I confirmed Grammarhero's belief that "inaction or non-objection results in estate, anti-deficiency foreclosure". But, again, I'm no attorney and you should take that with a grain of salt.

If I were you, I would read through the applicable timeshare statute with great care. That will answer your questions. For example, there's something about "the obligor" (namely you) must keep the mortgagee apprized of your current address. But then there is a long list of things that can be done by the trustee if you can't be found that apparently won't change the result of a non-deficiency foreclosure if a trustee's foreclosure is embarked upon.

Personally, I might have called them long ago, told them I didn't have the money to pay, and told them I'd be willing to sign the deed back over to them. Seems to me that if all they could potentially get is the timeshare back (again, assuming Grammarhero's conclusion was correct), they should have been willing to do so if you made it clear that you knew what the result of a trustee's foreclosure might be. Maybe they might have asked you for a small contribution that could still be negotiated...but then you'd be out and, since it would be by mutual consent, no negative credit repercussions could follow.

 

[andre10056]

I just checked the statute to see if I could find the result of a trustee's foreclosure:

As to maintenance fees, etc.:

721.855 (8) (c)

(c) A sale conducted under subsection (7) releases the obligor’s liability for all amounts secured by the lien. The lienholder has no right to any deficiency judgment against the obligor after a sale of the obligor’s timeshare interest under this section.

As to a mortgage:

721.856 (8) (c)

(c) A sale conducted under subsection (7) releases the obligor’s liability for all amounts secured by the lien. The lienholder has no right to any deficiency judgment against the obligor after a sale of the obligor’s timeshare interest under this section.

So...if a trustee's foreclosure is obtained, any and all collection agencies that buy for pennies on the dollar, or anyone else, cannot collect a penny from you. If they try to sue, just have a copy of that statute.

To be honest, I still haven't satisfied myself about Grammarhero's apparent belief that a judicial foreclosure is an impossibility and that they must do a non-judicial foreclosure if you don't object, but your letter seems to suggest that a trustee's foreclosure is what they will do ("you'll lose what you paid into it", etc.).