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Not paying Maintenance Fees!

Birdiegirl22

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I have tried everything to work with my timeshare to get rid of it. They have done everything not to talk to me except to demand their maintenance fees. The TS is paid off, we never use it and we don't care about our credit. I'm hoping they will work with us for a deed in lieu or just do a foreclosure. So dumb that it has to come to this as I would be willing to bring it current if they would accept the deed back.
 

Patri

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Stand strong.
 

DeniseM

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TUGBrian

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if you have made every effort to give it away or give it back then that is your only viable option to end your ownership.

noone says its a good one, but in more and more cases its the best "bad" option you have left.
 

rickandcindy23

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Wyndham Founder; Disney OKW & SSR; Marriott's Willow Ridge and Shadow Ridge,Grand Chateau; Val Chatelle; Hono Koa OF (3); SBR(LOTS), SDO a few; Grand Palms(selling); WKORV-OF ,Westin Desert Willow.
Soleil Management is the worst of all management companies. They aren't communicative, increase fees without giving us reasons why, and they even pay property taxes late and then send us bills with late fees due.

We are considering walking away after 2026. We will still book our 2026 weeks but I don't see us keeping our Soleil-managed weeks much longer. The company reallly should sell their holdings to a better entity.

We saw Diamond taken over by Hilton, Bluegreen taken over by Hilton, and Shell taken over by Wyndham, Sheraton/ Westin and Hyatt taken over by Marriott, and probably some others I haven't mentioned.

Here we have this independent management company, Soleil, with several resorts on Maui, Vegas, and one in Davenport, FL., and maybe some others, but they are poorly managed, fees are increasing with no explanation at all, and they really have no real success at selling inventory they get back from owners through foreclosure. Stupid company.
 

vacation911

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I have tried everything to work with my timeshare to get rid of it. They have done everything not to talk to me except to demand their maintenance fees. The TS is paid off, we never use it and we don't care about our credit. I'm hoping they will work with us for a deed in lieu or just do a foreclosure. So dumb that it has to come to this as I would be willing to bring it current if they would accept the deed back.
Sounds like you tried to give them options. If you don't care about the credit ding, and have offered these options, I agree with your decision. You gave them their options.
 

Carlsbadguy

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Does anyone know how mauch of a credit ding you get after walking away. I have 1 timesahre that the Management ocmpany won't take back and no offer for deedback.
 

Fido Chuckwagon

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Does anyone know how mauch of a credit ding you get after walking away. I have 1 timesahre that the Management ocmpany won't take back and no offer for deedback.
If it’s just unpaid maintenance fees it could be no credit impact whatsoever.
 

andre10056

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I have tried everything to work with my timeshare to get rid of it. They have done everything not to talk to me except to demand their maintenance fees. The TS is paid off, we never use it and we don't care about our credit. I'm hoping they will work with us for a deed in lieu or just do a foreclosure. So dumb that it has to come to this as I would be willing to bring it current if they would accept the deed back.

I'm so sorry to hear about how you're being treated. But, of course, you're not the only one within the universe of timeshare owners being treated exactly that way.

At first glance, it doesn't seem to make sense that timeshare HOAs ever treat people that way. After all, if they foreclose, all they'll get is a judgment for whatever you might not have paid in maintenance fees plus fees and interest, etc. But that's exactly what you're proposing to pay them in order for them to do a deed buyback! So logically why aren't they doing it?

If they'll hire an attorney, depending on the laws wherever they bring the foreclosure action, their judgment might include attorney's fees. But the attorney gets those, not the HOA.

The only thing I can think of is that they know they'll never be able to resell the timeshare to anyone else. Hence, they'll want to keep you on the books as long as they statutorily can in order to maximize the ultimate deficiency judgment for which they'll try to sue. And, in the meantime, perhaps rent out your timeshare.

I would consult with a lawyer in the timeshare's jurisdiction as to what you might reasonably expect. Perhaps he/she can guide you on an optimal course of action.

Also, I would consult Grammarhero's excellent review of each state's timeshare laws. In Florida, for example and as I understand it, you can stop paying your maintenance fees and the only recourse the timeshare would have is to foreclose. And assuming you DON'T object to the foreclosure, the timeshare entity cannot have a deficiency judgment entered against you. Which makes the timeshare entity very negotiable about deed buybacks. As a result, all but one of the four timeshares I own are Florida timeshares. I may have to make use of that law someday.
 

ScoopKona

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Does anyone know how mauch of a credit ding you get after walking away. I have 1 timesahre that the Management ocmpany won't take back and no offer for deedback.
Lenders are fairly understanding about timeshare defaults from what I understand.

If you want to speed up the process (which is the way to go if you're going to rip this particular band-aid off), send the company a letter stating your intention to stop paying fees, walk away, and offer them the deed in lieu of foreclosure. Maybe they take it. But if not, they can start the foreclosure process immediately. The sooner you're rid of it, the sooner you can improve whatever ding happens to your credit.
 

dioxide45

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I have tried everything to work with my timeshare to get rid of it. They have done everything not to talk to me except to demand their maintenance fees. The TS is paid off, we never use it and we don't care about our credit. I'm hoping they will work with us for a deed in lieu or just do a foreclosure. So dumb that it has to come to this as I would be willing to bring it current if they would accept the deed back.
The timeshare entity has no incentive to work with you if you are still current on your maintenance fees. As long as you pay they are happy. Just like a credit card or other lender.
 

callwill

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Nevada is a non judicial foreclosure state. I think if you are paid in full on the mortgage then all they get is the deed. Depending on how long you have not paid fees it may not be worth offering to bring things current to get them to foreclose if they want to be that silly about it because paying the fees may just restart their forclosure clock. Ive seen it reported here that unpaid maintenance fees does not affect credit rating.
 

TUGBrian

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it really is a coin flip...and some companies are far more aggressive than others in their pursuit of unpaid fees. its just as inaccurate to say it "wont affect your credit" as it is to say "it will effect your credit".... one should be asking "what is my credit worth" and multiply your maintenance fees by 7 years.

if that amount is more than your credit is worth, stop paying.

if your credit is worth that amount, pay. (but keep in mind that with this option you are still in the exact same position you are in now...7 years down the road along with 7x more of your annual fees spent)
 

CalGalTraveler

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Nevada is a non judicial foreclosure state. I think if you are paid in full on the mortgage then all they get is the deed. Depending on how long you have not paid fees it may not be worth offering to bring things current to get them to foreclose if they want to be that silly about it because paying the fees may just restart their forclosure clock. Ive seen it reported here that unpaid maintenance fees does not affect credit rating.
Nope. Not according to laws below
for TS. see NV entry. Whether they will pursue given legal costs is unknown but they are subject to judicial and can go after for deficiencies including legal costs. (This is why I sold my Nevada deeds.)

 

rickandcindy23

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Wyndham Founder; Disney OKW & SSR; Marriott's Willow Ridge and Shadow Ridge,Grand Chateau; Val Chatelle; Hono Koa OF (3); SBR(LOTS), SDO a few; Grand Palms(selling); WKORV-OF ,Westin Desert Willow.
I wonder what laws Hawaii has in place for defaulting on MF's.
 

andre10056

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Nope. Not according to laws below
for TS. see NV entry. Whether they will pursue given legal costs is unknown but they are subject to judicial and can go after for deficiencies including legal costs. (This is why I sold my Nevada deeds.)

Yes CalGal. I made reference to Grammarhero's incredible work earlier in this thread. I, too, have purchased only where timeshare entities have no ability to get deficiency judgments...and sold other resorts where that may not be the case. Who knows what my health might allow me to do or not allow me to do in the future?

Grammarhero is truly a hero of mine.
 

callwill

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Nope. Not according to laws below
for TS. see NV entry. Whether they will pursue given legal costs is unknown but they are subject to judicial and can go after for deficiencies including legal costs. (This is why I sold my Nevada deeds.)

So my simple search says yes it is...

...but apparently it does not apply to Time Share ownership.
 

isilwath

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Club Wyndham Access
Hono Koa (Maui) Koa Unit biannual even year
Soleil Management is the worst of all management companies. They aren't communicative, increase fees without giving us reasons why, and they even pay property taxes late and then send us bills with late fees due.

We are considering walking away after 2026. We will still book our 2026 weeks but I don't see us keeping our Soleil-managed weeks much longer. The company reallly should sell their holdings to a better entity.

We saw Diamond taken over by Hilton, Bluegreen taken over by Hilton, and Shell taken over by Wyndham, Sheraton/ Westin and Hyatt taken over by Marriott, and probably some others I haven't mentioned.

Here we have this independent management company, Soleil, with several resorts on Maui, Vegas, and one in Davenport, FL., and maybe some others, but they are poorly managed, fees are increasing with no explanation at all, and they really have no real success at selling inventory they get back from owners through foreclosure. Stupid company.
I agree. That's why we want to get rid of our Hono Koa. Its a shame for us to make the choice because the resort is lovely, and we and our families have loved it there, but we can't get to Hawaii every other year and they offer no internal trading within their inventory. If we could trade to Vegas or FL, we'd probably keep it, but no go.

I'd stop paying the MF but then I read something about it screwing up probate after we die. That the estate can't be settled until the MF are brought current.

I did have a nibble on my give away ad on RedWeek, but then she figured out the MF was every year for an EOY week, and I haven't heard from her since. :( Sucks, coz $2700 for 7 nights in a 2-bedroom ocean front condo on the west coast of Maui is a great deal. You aren't going to get OCEANFRONT for under $400/night. You just aren't, certainly not on Maui's west coast where you have unobstructed views of the whales and smaller islands. It's so sad coz we've been so happy with this resort, and I know that someone who can get there every other year would love it.

Maybe we'll get lucky and Soliel will get bought out, but I won't hold my breath.
 

andre10056

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I agree. That's why we want to get rid of our Hono Koa. Its a shame for us to make the choice because the resort is lovely, and we and our families have loved it there, but we can't get to Hawaii every other year and they offer no internal trading within their inventory. If we could trade to Vegas or FL, we'd probably keep it, but no go.

I'd stop paying the MF but then I read something about it screwing up probate after we die. That the estate can't be settled until the MF are brought current.

I did have a nibble on my give away ad on RedWeek, but then she figured out the MF was every year for an EOY week, and I haven't heard from her since. :( Sucks, coz $2700 for 7 nights in a 2-bedroom ocean front condo on the west coast of Maui is a great deal. You aren't going to get OCEANFRONT for under $400/night. You just aren't, certainly not on Maui's west coast where you have unobstructed views of the whales and smaller islands. It's so sad coz we've been so happy with this resort, and I know that someone who can get there every other year would love it.

Maybe we'll get lucky and Soliel will get bought out, but I won't hold my breath."

"You aren't going to get OCEANFRONT for under $400/night."

I think that statement might be a clue about why it may not be selling, even as a "giveaway".

7 times 400 equals $2800 and your maintenance fee is $2700.

If it were me, I'd much rather pay $2800 as a renter than $2700 as a deeded owner. And go exactly when I want to go rather a week when I may end up unable to go. Renters have no further obligations after the week is over and, therefore, can go different places for each of the multiple years to come rather than returning over and over again to the same resort And might even prefer to vacation for only five days rather than seven and save even more money..

Deeded owners ...well.... you know. And let's face it. That $2700 will be $3000 in no time.

So to get people to not only respond to your ad, but also become buyers, you may have to offer a free stay whenever the "every other year" comes up. If it would therefore cost you a full $2700 plus settlement fee, so be it. Out of sight, out of mind.

Unless, of course, those units successfully rent out for megabucks. In which case you can say that in your ad. And, in the meantime, you can rent it out to recoup your maintenance fees and even make a profit.
 

andre10056

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I agree. That's why we want to get rid of our Hono Koa. Its a shame for us to make the choice because the resort is lovely, and we and our families have loved it there, but we can't get to Hawaii every other year and they offer no internal trading within their inventory. If we could trade to Vegas or FL, we'd probably keep it, but no go.

I'd stop paying the MF but then I read something about it screwing up probate after we die. That the estate can't be settled until the MF are brought current.

I did have a nibble on my give away ad on RedWeek, but then she figured out the MF was every year for an EOY week, and I haven't heard from her since. :( Sucks, coz $2700 for 7 nights in a 2-bedroom ocean front condo on the west coast of Maui is a great deal. You aren't going to get OCEANFRONT for under $400/night. You just aren't, certainly not on Maui's west coast where you have unobstructed views of the whales and smaller islands. It's so sad coz we've been so happy with this resort, and I know that someone who can get there every other year would love it.

Maybe we'll get lucky and Soliel will get bought out, but I won't hold my breath.
I just checked Hono Koa May 10 to May 17 on Expedia. $1679 for the week including all taxes and fees. I don't know about what's considered off off season in Hawaii (is there such a thing?) and I don't know what week you own but that screams "time to talk to an attorney about my options" to me.
 

dioxide45

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week you own but that screams "time to talk to an attorney about my options" to me.
What is an attorney going to do? Sounds like throwing good money after bad.
 

andre10056

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What is an attorney going to do? Sounds like throwing good money after bad.
A consultation is usually pretty inexpensive or free and you may learn some things that you may not have known. It's sometimes nice to have an advocate at the very least make a phone call to the resort, pointing out that the elderly owners can't afford it anymore, etc. You never know. You're not asking him/her to commence litigation. Just want information.
 

dioxide45

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A consultation is usually pretty inexpensive or free and you may learn some things that you may not have known. It's sometimes nice to have an advocate at the very least make a phone call to the resort, pointing out that the elderly owners can't afford it anymore, etc. You never know. You're not asking him/her to commence litigation. Just want information.
But we already know the options. Ask the HOA or developer to take a deed back or default. Perhaps a letter from an attorney asking for the deed back will get more traction, but that is going to cost more money.
 

andre10056

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I'd ask things like, if I default, what is the likely deficiency judgment going to be?

Pertinent to the foregoing bottom line question, what's the statutory limit in Hawaii for keeping me on their books after I default? Is Hawaii a jurisdiction that allows a successful plaintiff to add on attorney's fees (someone told me that Pennsylvania, for example, does not)? Would the deficiency judgment litigation have to be filed in my home state and would "attorney's fees" be subject to my home state's laws? If they would have to file in my home state, is that easily done by a Hawaii entity? If they successfully rent out my timeshare in the meantime, would they have to reveal their having done so and would that reduce any potential deficiency judgment?

I'm sure I could think of many more questions that I would have for a Hawaii attorney that pertains to the potential deficiency judgment. Which would then better prepare me to make an acceptable deedback offer.

Knowledge is power. :)
 

rickandcindy23

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I agree. That's why we want to get rid of our Hono Koa. Its a shame for us to make the choice because the resort is lovely, and we and our families have loved it there, but we can't get to Hawaii every other year and they offer no internal trading within their inventory. If we could trade to Vegas or FL, we'd probably keep it, but no go.

I'd stop paying the MF but then I read something about it screwing up probate after we die. That the estate can't be settled until the MF are brought current.

I did have a nibble on my give away ad on RedWeek, but then she figured out the MF was every year for an EOY week, and I haven't heard from her since. :( Sucks, coz $2700 for 7 nights in a 2-bedroom ocean front condo on the west coast of Maui is a great deal. You aren't going to get OCEANFRONT for under $400/night. You just aren't, certainly not on Maui's west coast where you have unobstructed views of the whales and smaller islands. It's so sad coz we've been so happy with this resort, and I know that someone who can get there every other year would love it.

Maybe we'll get lucky and Soliel will get bought out, but I won't hold my breath.
If you add in property taxes of about $500, the cost to Hono Koa, oceanfront Koa annual week is $3,258. Westin Ka'anapali is $3,431 for a 2 bedroom lockoff unit. Something is rotten here.

Sands of Kahana is apparently not nearly as expensive for maintenance fees. I think a lot of deadbeats or dead owners aren't paying the fees on these weeks. Soleil doesn't say it, but it has to be.

We own a total of 3 annual weeks, only one is annual, the others are EOY, but it gives us 3 weeks each year.

As for the RCI bargains on weeks at Hono Koa, these units cannot compare in size or view to the Koa oceanfront units. If a renter gets a Koa unit and not a Palm or Hala unit, Soleil should rethink who gets any Koa units that would otherwise sit empty. Maybe a Hala or Palm owner would like to stay in the nicer unit for the $3,000 they are paying for a week.

It's like Soleil is trying to get rid of us. No explanation about the fees.

Have you asked about deedback? I think that will be our next move. I wrote a letter to Soleil, attention to the person who runs the Hawaii resorts, and I received no response.

We have friends who also own there, and Rick and I are planning to have them stay in the other bedroom for one week, and we will stay in their second bedroom for one week. That still leaves me with two weeks I do not want or need. They are not willing to pay half of our MF's to stay in the back bedroom. I haven't asked, but I would guess they aren't wanting a situation like that.
 
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