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Oh the drama -- what should we do?

S

SDKath

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We've been in escrow with WMH for ages it seems. Well, about 2 months now. I have not heard a peep from the seller for 2-3 weeks now. She's been a poor communicator all along but now there are things still missing from her paperwork and no one has received any info from her. I emailed her and called her and so has Chicago Title, all to no avail. :doh:

HELP!

Katherine

Oh, in the meantime we managed to complete a purchase with DVC (direct) in about 5 days and made New Year's reservations for this year in the exact room and view we wanted! That's one point in favor of direct developer purchases...
 
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johnmfaeth

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One way to put some life into it is to send a letter to the closing agent. At the top put the title "Notice of Intent to Quit". In the body put, that you are cancelling your involvement and demand the return of all escrow monies unless X happens within 21 business days. Make sure you specifically say that you are "willing to complete the transaction but that you consider the seller to be in breach of contract due to non-performance".

Make sure that X is the next step to be done AKA executed deed, send recorded deed to resort management co., etc.

Make sure that the timetable is one week beyond what any reasonable person would be able to pull off.

That should be sufficient to motivate the seller or at least get the refund process started.

PS. Some developers, such as Wyndham, take as long as one year to complete deeding after a timeshare is paid in full. So the generality does not always apply to developer sales IMHO.

And having a slow seller does indeed occur but it is a rarity from my experiences.

PPS, The DVC timetable is impressive but keep in mind that is only a membership. No time consuming deed preperation or recording processes are involved. But still good for a "Mickey Mouse operation" :)

Good luck!

John

If you have a lawyer friend or relative, have them do it...being on legal letterhead and having a pro write it can't hurt.
 
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Time2Ponder

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johnmfaeth said:
PPS, The DVC timetable is impressive but keep in mind that is only a membership. No time consuming deed preperation or recording processes are involved. But still good for a "Mickey Mouse operation" :)
Click to expand...


DVC may offer only a RTU deed, but it is a deed, legally recorded, nonetheless. You may look them up in the Orange County Comptroller's website (http://officialrecords.occompt.com/wb_or1/or_sch_1.asp) just as you would any other property deed.

The fact is, once DVC "has you on board," they know that there will be no deed processing difficulties from their end. Thus, they are willing to allow you to make reservations right away.

However, your assertion that no deed/recording processes are involved is simply not true.
 
Jestjoan

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Thanks for the laugh, John

But still good for a "Mickey Mouse operation" :)
 
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johnmfaeth

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Hi Time,

Thanks for the correction. Learn something every day on TUG...

DVC is one of the few systems I do not work with.

Usually, RTU timeshares have contracts, not deeds. While contracts can be recorded, it is rarely done.

I stand corrected...

John

I imagine they still acknowledged membership prior to recording as most Florida recorders have a perpetual 1-2 week backlog.
 
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SDKath

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Thanks. I got my neighbor to put the letter on her legal letterhead so we'll see what happens. Another 3 weeks to wait. UGH. Katherine
 
rickandcindy23

rickandcindy23

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Gee, John, I was thinking their closing fees are awfully high if it isn't recorded. I think it takes about $700 to close a resale. I could be wrong about that, but I am pretty sure that is true.
 
GrayFal

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johnmfaeth said:
One way to put some life into it is to send a letter to the closing agent. At the top put the title "Notice of Intent to Quit". In the body put, that you are cancelling your involvement and demand the return of all escrow monies unless X happens within 21 business days. Make sure you specifically say that you are "willing to complete the transaction but that you consider the seller to be in breach of contract due to non-performance".

Make sure that X is the next step to be done AKA executed deed, send recorded deed to resort management co., etc.

Make sure that the timetable is one week beyond what any reasonable person would be able to pull off.

That should be sufficient to motivate the seller or at least get the refund process started.

PS. Some developers, such as Wyndham, take as long as one year to complete deeding after a timeshare is paid in full. So the generality does not always apply to developer sales IMHO.

And having a slow seller does indeed occur but it is a rarity from my experiences.

Good luck!

John

If you have a lawyer friend or relative, have them do it...being on legal letterhead and having a pro write it can't hurt.
Click to expand...
Katherine - follow John's advice - he is a reliable kinda guy - even if he just "DISed" Mickey Mouse :cheer:
 
tomandrobin

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Katherine

It took a little over 3 months for our Kierland resale to close. The wait time can drive you nuts, especially once you egt to Disney speed.

On a side not, I just bought another contract with Disney. Paid over the phone with credit card (got to get the points) and had use of my new points in the afternoon! I expect our contract to be delivered today to sign!

Hang in there!

Tom
 
GrayFal

GrayFal

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tomandrobin said:
Katherine

It took a little over 3 months for our Kierland resale to close. The wait time can drive you nuts, especially once you egt to Disney speed.

On a side not, I just bought another contract with Disney. Paid over the phone with credit card (got to get the points) and had use of my new points in the afternoon! I expect our contract to be delivered today to sign!

Hang in there!

Tom
Click to expand...
My Broadway Planation deed was recorded 12/18/07 and mailed to Starwood on 12/26/07.

I called yesterday AGAIN - after 3 emails - and someone from deeding at Starwood is suppose to get back to me today.
At this point I just want to know if they HAVE the deed :ignore: or do I need to re-send it to them!

Swift they are NOT :zzz:
 
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