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Offered Deed in Lieu of Foreclosure. Advice needed on moving forward..

sourabh.pawar

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Hello,

We purchased a 1BR timeshare from HGVC at Las Palmeras, Orlando about an year back after falling for their marketing tactics. We took a loan from them for 25K and put 5K on the Amex Hilton Credit Card that they got us approved for. We found discrepancy in the model room that we were shown and were eventually confirmed by the agent after the rescission period was over. They had shown in their model room a separate laundry room which was not available in our deeded unit. We argued over this with them and even filed a BBB complaint that they refused to entertain.

BBB Complaint Link:

As per the contract, for Model Unit(s)/Furnishings, the clause says "The club suite will have furniture, appliances, equipment and accent furnishings substantially similar to those shown in the model and on the plans and specifications. Seller reserves the right to substitute substantially similar furniture, appliances, equipment and accent furnishings, based on availability." Now our argument with them was that the absence of something could not be treated as having substituted substantially but they did not want to discuss further and asked us to accept the way it was.

We filed another complaint with Amex on the down payment we did and they took the judgement in our favor and declined the down payment made to HGVC.

We stopped paying the monthly mortgage after few months and did not use the points even once. We have had several calls and letters from them for the collection of dues. We stopped responding to their calls and letters and have now received a "deed-in-lieu of foreclosure" from them. It says that failure to return the Signed Agreement, properly executed Warranty Deed and processing fee(amount not disclosed in the letter!!) within the timeframe provided will result in legal action to obtain title to the vacation ownership interest.

The caveat that we see with this letter is that its acceptance depends solely on HGV and there is no guarantee that this transaction will be successful. Can someone advice if we should pursue this or ignore this altogether and let the property foreclose. We do understand the implications of a foreclosure.

Thanks in advance.
 

jabberwocky

TUG Review Crew
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With all due respect I think you need a lawyer to advise you on this. A few hundred dollars could save you a few thousand. In my opinion the free advice you get here on TUG will be of limited value.
 

RX8

Timeshare Scam Investigator
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My advice is free, and might not be worth what I charge.

While it sounds like a fair offer, and one we don’t see often when there is a mortgage, I agree with @jabberwocky that a consult with an attorney would be worth the peace of mind.

One question I would have is if the debt forgiveness is going to be treated as income to you resulting in possible tax implications.
 

Talent312

TUG Review Crew: Veteran
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One question:
Would you rather: (1) be sued for foreclosure or (b) sign the deed.

Their next step will be #1. BTW, don't worry 'bout the "fees."
Once they have the deed in hand, they'll likely be happy to eat it.
That way, they can resell it to some other poor soul.
.
 

sourabh.pawar

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Thanks for the replies. Apparently, I did not notice earlier that the letter was dated 2/5 and arrived in my mailbox only on 2/15. With a 15 day deadline to respond from the time it was dated, they did not leave me with enough wiggle room(not sure if it was done purposefully). So I am most likely looking at a foreclosure of the timeshare at this time. But I will definitely consult a lawyer and see what my options are. Will keep y'll posted on how this progress.

Best
SP.
 

sourabh.pawar

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Any recommendations on the lawyers BTW? There are a whole lot and I have heard different stories from different people about them.
 

bogey21

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Thanks for the replies. Apparently, I did not notice earlier that the letter was dated 2/5 and arrived in my mailbox only on 2/15. With a 15 day deadline to respond from the time it was dated, they did not leave me with enough wiggle room(not sure if it was done purposefully).

Granted 5 days is not a lot of time but it is enough time to have made a decision. I'm guessing that maybe you didn't read their proposal immediately upon receiving it...

George
 

sourabh.pawar

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@bogey21: true. I just read the 15 days deadline and "ass"umed that it would be from that time onwards.
 

Grammarhero

Official TUGBBS Rescission Master
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Former: Wyndham 276k, HVC South Bend 1/1
@bogey21: true. I just read the 15 days deadline and "ass"umed that it would be from that time onwards.

* Legal Disclaimer: These paraphrases of timeshare mortgage foreclosure, anti-deficiency/, judicial/ nonjudicial , and statutes of limitation (SOL) laws are to provide basic information. These paraphrases assist those doing their own legal research and make their own decisions on timeshare-related actions or inactions. The list and paraphrases are NOT intended to render legal advice, establish an attorney-client relationship, or be an alternative for appropriate legal research. The referenced information constantly changes and evolves. Please consult appropriate legal counsel prior to any timeshare-related activities or signing any timeshare documents. Every situation is different, and please consult a legal counsel on your particular situation.

TS owners with mortgages may have to pay taxes on forgiven income, whether they go with a foreclosure or Deed in Lieu of Foreclosure. TS owners with mortgages may want to preserve their anti-deficiency rights, that is not being sued for deficiency of loan balance after foreclosure sale, by NOT objecting to a non-judicial, anti-deficiency disclosure.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0721/Sections/0721.856.html
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/0095.html
Operative Language: “If you do not object to the use of the trustee foreclosure procedure, you will not be subject to a deficiency judgment even if the proceeds from the sale of your timeshare interest are insufficient to offset the amounts secured by the lien.”
Operative Language: “WITHIN FIVE YEARS.— (b) A legal or equitable action on a contract, obligation, or liability founded on a written instrument . . . (c) An action to foreclose a mortgage.” Sec. 95-11.
Note: non-objection or inaction likely leads to non-judicial, anti-deficiency treatment; objection may waive non-judicial, anti-deficiency treatment. TS defaults have SOL of five years.

I have been tracking TS mortgage defaults as reported by tuggers and whether their credit got affected. Out of 13 TS mortgage defaults and their reported outcomes, 7 had their credit affected, ranging from decreases of 50 to 150 points. Would you kindly let us know if your credit got affected?
 
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