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Our Cancelation Story - It's a dooozy!

njaloha

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Our cancellation story.

There’s a longer version but I won’t bore you with the gory details of the actual presentation with all the lies and made up stories. You’ve all been there.

But here’s the timeline of our cancellation debacle. And at the end, I have a question.

We closed on the contract at Ocean Enclave Myrtle Beach at the end of a 5 hour sales presentation. OOPS sorry gory detail. Moving on..........

4/27 – Closed contract at the Ocean Enclave Sales Center in a very noisy chaotic room full of others like us.
4/28 - Received call from Amanda the Quality Assurance Coordinator (closer) that the paperwork went to Corporate, aren't we excited. I said no, we're cancelling.
4/30 - Received call from Shanee, our sales person (expert in all things legacy and Elite Premier owners!!! woohoo). It went to voice mail.
4/30 - Received call from some woman who tried to tell us we were making a mistake yada yada, gorey detail, lie lie lie, gorey detail.

5/2 – Mailed cancellation letter from Myrtle Beach via USPS Certified Return Receipt. Post office employee said, "oh you're the second one today. Now go home and take a nap because I'm sure you spent a sleepless weekend churning over this contract." LOL. She sees us cancelers all the time on Mondays especially.

5/6 – Letter finally made it to Orlando via Columbia, SC and South Jersey Distribution Center in New Jersey. On 5/7 USPS attempted delivery, but since that was a Saturday, the attempt failed.

5/8 – (Sunday???) The contract posted to owner close.

5/9 – The letter was received by Corporate Offices in Orlando and the green return receipt was mailed back to me.

5/9 – My online account with HGV reflects changes and shows; MAX membership info, old deed loan paid off and new deed loan payment on Ocean Enclave (payment due 45 days from contract signing) due June 11.

5/10 – The contract was marked as cancelled on our file as I was told by Amanda on 5/23. see below.

5/11 – We received the green return receipt in the mail.

5/23 – Spoke to Amanda Mammos at Ocean Enclave to complain I had yet to see refund and she said she would send an email to expedite the refund. Still within the 20 days. But confirmed the contract is showing canceled on our account.

However, since then I’ve made many phone calls to Amanda Mammos Quality Assurance Coordinator who handled our closing at Ocean Enclave; Elite Premier desk, sent messages via “contact us” forms because 20 days had come and gone and no refund.

6/14 – Amanda Mammos called me back to tell me that the delay is due to the contract going to owner close and the refund process now takes longer. She assured me we would receive our refund. I told her HGV is now in breach of contract because the contract clearly states refund within 20 days. She said she’d have her boss speak to me.

6/17 – Left a message for Amanda that I still haven’t heard from her boss.

6/17 – Minutes later I receive a call from HGV and get this, it’s the Grand Vacations Services Department that handles the new Ocean Enclave loan on the cancelled contract and the woman is threatening to send it to debt collection if I don’t pay. She said, “And what card will you be using to make this payment.” I ripped her a new one. She calmly said she’d mark my file and share this situation with her boss.

6/17 – Left another message for Amanda that I just received a call from HGV threatening me with debt collection. This is unacceptable. This is all within the same company and they are definitely carrying their brains where they sit.

6/17 – Received call from Amy Roake, Quality Assurance Manager, Ocean Enclave, Amanda’s boss. She explained that the letter was received by the Orlando office but never sent to Myrtle Beach for cancelation processing. As of 6/14, she still hadn’t received our cancellation letter from Orlando. Apparently, the letters go to Jari Alvarez and then they’re sent back to the sales office of contract origin. So even though I was told that the cancelation was marked on our account on May 10, nobody did anything with the letter. I said something else must be going on that they’re not telling me. I was assured that wasn’t the case. I told her I had spoken to Amanda on 5/23 and she said she was emailing someone to expedite the process. Why didn’t red flags go up then that my letter wasn’t in Myrtle Beach for processing? She had no answer. Brain in sitting place.

Here's what happens next. Within a few days we’ll have our refund. She’s waiting on one more signature for approval. Reinstatement of our Ocean 22 deed and loan will take 30 days. We’ll receive a new promissory note in the mail that we’ll have to sign and mail back via Fedex envelope they provide. Once that takes place, all the payments we’ve missed over the last 3 months (by the time we get this fully completed) will be expected to be paid. I asked how our deed will be reinstated if the inventory is probably gone already. She said it was all suspended until the process completed. Then she said, comparable inventory would be allotted to us. My head is spinning because she just said 2 very different things at the same time.

Well, we’ll see if she’s telling the truth. Rest assured I’ll be looking that promissory note over with a fine tooth comb to make sure the numbers match.

Now to my question. You’ve heard my story and I ask are we truly responsible for the Ocean 22 loan that was paid off by the upgrade to Ocean Enclave? We had merely $8000 in “equity” in that deed with $10000 still to pay off. What happens if we say no we don’t want to sign the new promissory note?
 
Now to my question. You’ve heard my story and I ask are we truly responsible for the Ocean 22 loan that was paid off by the upgrade to Ocean Enclave? We had merely $8000 in “equity” in that deed with $10000 still to pay off. What happens if we say no we don’t want to sign the new promissory note?
I would expect HGVC to come after you. They aren't going to let you off the hook for the $10,000 balance just because there was a short-term fiasco with what you owned. Probably somewhere in the old or new documentation there is verbiage that says you will be cooperative about signing new documents in the event that any paperwork is missing or still needed.

Are you willing to let your ownership in Ocean 22 go? If you don't pay, it will be gone.
 
I would expect HGVC to come after you. They aren't going to let you off the hook for the $10,000 balance just because there was a short-term fiasco with what you owned. Probably somewhere in the old or new documentation there is verbiage that says you will be cooperative about signing new documents in the event that any paperwork is missing or still needed.

Are you willing to let your ownership in Ocean 22 go? If you don't pay, it will be gone.

Yes, I'm willing to let the Ocean 22 go. I will check the contract again, but I didn't see anything that says we have to be cooperative about signing new documents. Just that we must make the payments on the old loan until the new payments start. We didn't because it was autowithdrawal from our checking and dropped off the list of loans on our account marked as paid off.
 
I would imagine if you don't sign a new loan you will receive a bill for the full$10,000. You would be free to default on that obligation but it would still be considered a defaulted debt. Rescission means the new deal is cancelled but when exercised the original debt is re-instated.
 
Be careful and read the contract. Canceling the new contract does not wipe out your old deed and mortgage, I’m sure that is covered in the purchase agreement. You are still on the hook for the original one.
 
Be careful and read the contract. Canceling the new contract does not wipe out your old deed and mortgage, I’m sure that is covered in the purchase agreement. You are still on the hook for the original one.

I just read the entire contract and can't find it anywhere. The only reference to the old mortgage is on the page with ACTIVATION TIMELINE at the heading which says about halfway down, "If this is a financed upgrade purchase, the scheduled monthly payments will continue on the existing loan until the new loan/ownership is activated within 30-45 days."
The new loan/ownership was activated on May 8, 11 days after signing the contract. Ocean Enclave points were awarded-HOA online statement engaged and snail mail statement received-Loan payment listed with June 11 due date. Ocean 22 loan was closed and paid off. No way of honoring the statement above. The old Ocean 22 loan was paid off.
 
I would imagine if you don't sign a new loan you will receive a bill for the full$10,000. You would be free to default on that obligation but it would still be considered a defaulted debt. Rescission means the new deal is cancelled but when exercised the original debt is re-instated.

This would definitely be true if the rescission processing had happened in the usual timely manner. This one didn't, processing stalled, new contract went to owner close and the old loan was paid off. There isn't any obligation on our part because it no longer exists.
 
This would definitely be true if the rescission processing had happened in the usual timely manner. This one didn't, processing stalled, new contract went to owner close and the old loan was paid off. There isn't any obligation on our part because it no longer exists.

Certainly an interesting interpretation, one that not all of us agree with. Your interpretation is what matters, of course, but you did ask...

Cheers.
 
While the loan may no longer exist the debt is still there.

The law is they have to refund your money within 20 days of receiving the written rescission. They are in breach of the SC law. The law doesn't seem to list a specific penalty or remedy when they are beyond the 20 days. I think it is up to you, and your lawyer if you retain one, and HGVC to negotiate the next step or litigate the case. I doesn't seem to me that there would be any indication that your original contracted debt would automatically be void although that could be the end result. On the other hand it could cost you hundreds or thousands to fight it and the result could be the original debt still stands and HGVC has to pay something nominal like $100 for every day over the go over the state mandated 20 days.
 
While the loan may no longer exist the debt is still there.

The law is they have to refund your money within 20 days of receiving the written rescission. They are in breach of the SC law. The law doesn't seem to list a specific penalty or remedy when they are beyond the 20 days. I think it is up to you, and your lawyer if you retain one, and HGVC to negotiate the next step or litigate the case. I doesn't seem to me that there would be any indication that your original contracted debt would automatically be void although that could be the end result. On the other hand it could cost you hundreds or thousands to fight it and the result could be the original debt still stands and HGVC has to pay something nominal like $100 for every day over the go over the state mandated 20 days.

I could see a result being an offset of the prior debt of the refund amount if things go very poorly for a refusal to sign new documents. Best thing OP could do is get legal advice from someone that practices in that area.
 
What do you own at Ocean 22?
 
This would definitely be true if the rescission processing had happened in the usual timely manner. This one didn't, processing stalled, new contract went to owner close and the old loan was paid off. There isn't any obligation on our part because it no longer exists.

This is wishful thinking. Yes - you're are right the loan is paid off. The seller of the new deed paid off your loan.

However - since you rescinded the new contract with them, you will owe them that money back. And they could sue you to get that money back.

Now - can a payment on a paid-off loan be reversed, effectively making undoing the pay off? It's doable. It probably depends on whether the filing was made with the county. If the lien on the collateral wasn't released and recorded in the county records, they'll find a way to reverse that. If however your property is official lien-free, the old loan will not be reinstated. But that also means your old deed also changes the owner on file, making the whole thing harder to undo. A lawyer should be able to help here as you rescinded on time, and they're on the hook to reverse it. You could sue them for any damages that ensue due to their incompetence.
 
Now to my question. You’ve heard my story and I ask are we truly responsible for the Ocean 22 loan that was paid off by the upgrade to Ocean Enclave? We had merely $8000 in “equity” in that deed with $10000 still to pay off. What happens if we say no we don’t want to sign the new promissory note?
IMO, you need to talk with a lawyer on this matter.
 
It was a 4800 point deed every year with $1200 maintenance. Terrible.

someone please correct me if I’m wrong, but you own a 1 bedroom platnium, not the best MF/point ratio, but if you want to go to MB in the summer, great deed and also a good rental.

You should talk to a lawyer before going down the route of not paying the old loan off. Keep in mind, you might now owe HGV the money, a good chance someone else holds your note. The developer is Strand Capital and in a lot of cases these companies will bundle your mortgage with other mortgages and resell it to a outside investor.
 
someone please correct me if I’m wrong, but you own a 1 bedroom platnium, not the best MF/point ratio, but if you want to go to MB in the summer, great deed and also a good rental.

You should talk to a lawyer before going down the route of not paying the old loan off. Keep in mind, you might now owe HGV the money, a good chance someone else holds your note. The developer is Strand Capital and in a lot of cases these companies will bundle your mortgage with other mortgages and resell it to a outside investor.

It's actually 3bdrm+ silver. 4800 was the old allotment. thanks for the advice. and yes, the MF/point ratio is terrible. The new deed was 1bx gold 9280 points with MF approx. $845
 
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