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Private purchse of timeshare (Mountainside lodge)

barb5850

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I just recently purchased a timeshare in Whistler at Shell Mountainside VAcation club. It is one week fixed week #5. Both the seller and myself live in CAnada. The seller has lost the original title certificate and she contacted the owner services at mountainside lodge and was directed to another place and was then told she had to secure a new original document and the cost would be $360!. She has the photocopy of the title certificate but not the original. Surely she and her husband can simply make a declaration or swear an affidavit that they are the owners and submit the transfer info on the photocopied certificate and submit that rather than spending $360 for a new original. HAs anyone experienced a lost original certificate before and were they able to use a copy or provide a sworn document confirming that they are the owners. I am pretty new at this timesharing and thought it would be a lot easier than what I am experiencing. Thank you.
Barbara
 

sfwilshire

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Is this a deeded week? If so, a certified copy of the deed should be available from the local Register of Deeds for a modest fee. $15 or so would be what I would expect.

Sheila
 
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barb5850

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Private Purchase of Timeshare

Thank you for replying. No it is not deeded. I had thought of that too but it is a leased timeshare expiring 2048 (I probably won't be alive then). I recently purchased another timeshare but it was deeded and while the new title has not yet been registered, (query: why does it take over 2 months to register and new deed?), it was a lot easier to get the deeded timeshare paperwork organized than it is this one. It looks like the vendor and I will share the costs of securing a new certificate.
Barbara
 

DeniseM

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I don't think it is your responsibility to pay for the owners sloppy record keeping. If it was me, I wouldn't pay a cent...
 

Talent312

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I don't think it is your responsibility to pay for the owners sloppy record keeping. If it was me, I wouldn't pay a cent...
I concur. Still, IMHO, the amount of the fee is silly.
1. Even if its only a lease, any multi-year real-property instrument ought to be recorded; but...
2. Even if its a non-recordable certificate (like a stock certificate), the official at the TS who keeps track of such things (corporate secretary?) should be able to issue a duplicate for far less money -- much like a DMV office replaces a "lost" motor vehicle title for a nominal fee.

I wonder what would these people would do if they were presented with an Assignment of Interest from the seller, without the original document?
 

yumdrey

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It is seller's responsibility to pay the fee, not yours. Seller should provide all the document for closing.
 

Bill4728

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Welcome to the Mountainside family!!

We have purchased 3 weeks at the mountainside and each of those weeks was closed by an agent of the resort. So the $360 may be the only cost you'll have to close and not an extra fee because the title is missing.

Most of the time the buyer pays for closing. If I'm right and the entire cost to close is $360, you should pay it but if because the deed is missing they want an extra $360 over the closing cost the seller should pay the extra cost.

PS what did you pay?? You can PM me if you don't want it shown on this public board.
 
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