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Putting a relative on a deed without their knowledge or consent?

Susan2

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Brian, I am NOT surprised that the resort won't take the deed back.

The HOAs are not the developers. They have not developed any way to market the weeks they would take back.

It's much easier just to use strong-arm collection tactics than it is to develop new systems -- and to keep the resort in such condition that it is desirable for new owners to purchase. Renting is one option, but in Florida, I believe a resort might need a real estate license to rent units.

That's legacy resorts, though.

If we're talking about someplace like OLCC, which is in active sales, I find it abhorrent that the resort will not take back weeks. Basically, that means that they are charging tens of thousands of dollars for weeks that they wouldn't take back FOR FREE. I think this is something that should be investigated, frankly.

Furthermore, it wouldn't even be so bad if the resort WOULD foreclose. That would resolve the problem. But many won't foreclose because they don't really want the week back. They have plenty of unsold units. They'd rather use strong-arm collection tactics to get as much in maintenance fees as they can. If they ever run out of new units, THEN they can offer deeds back or foreclose on non-performing units.

IMO it's one of the reasons timeshares are in such trouble.
 
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Ty1on

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Basically, that means that they are charging tens of thousands of dollars for weeks that they wouldn't take back FOR FREE.

Hello, and welcome to Timeshare :wave:
 

Ty1on

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It is an intriguing idea that timeshare resorts should not be allowed to report delinquent owners to credit reporting agencies. In fact, some lenders routinely ignore entries from timeshares. And they can be disputed, and then must be removed if the debtor's disputes are found to be valid.

The problem is that the laws were put in place on the understanding that owning timeshares was a benefit, rather than a liability. In fact, who would ever have bought a timeshare NOT believing that it was a benefit?

IMO, the problem was caused by resorts over-promising the benefits and uses of timeshares, and they should be held accountable. Most of them have taken their profits and run, however.

But my argument isn't about delinquent owners. It is about people who never agreed, formally or informally, to pay for services offered.
 

alexadeparis

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Any deed that involves an HOA (condo or timeshare) indicates that the owner agrees to comply with the covenants right on the deed. With timeshares that means paying the fees or the HOA can foreclose.

When there is joint tenancy, ownership does not pass through an estate, so there is no inheritance to disclaim. The daughter has owned it since the purchase, whether she has known it or not. She can thank her mother for that. A lot of people put kids on real estate to avoid probate. When it's a timeshare that's not the best move. This is a true cautionary tale of why people should see an attorney BEFORE putting their kids on property titles. The mother obviously thought she was doing the daughter a favor, when it actually turned out to be a burden. Take note also, of the other tugger that posted her story about the unit she put her daughter on as a graduation present. SS,DD.

Why lay people think they know better than people who have spent years in school to learn and practice a profession is beyond me. :wall:. Then when it all goes south, and it's a hot mess, we are supposed to fix it, quickly and cheaply :hysterical:. Bottom line is that more consideration needs to be put into putting someone's name on a deed, especially on a timeshare deed.
 

Sugarcubesea

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Any deed that involves an HOA (condo or timeshare) indicates that the owner agrees to comply with the covenants right on the deed. With timeshares that means paying the fees or the HOA can foreclose.

When there is joint tenancy, ownership does not pass through an estate, so there is no inheritance to disclaim. The daughter has owned it since the purchase, whether she has known it or not. She can thank her mother for that. A lot of people put kids on real estate to avoid probate. When it's a timeshare that's not the best move. This is a true cautionary tale of why people should see an attorney BEFORE putting their kids on property titles. The mother obviously thought she was doing the daughter a favor, when it actually turned out to be a burden. Take note also, of the other tugger that posted her story about the unit she put her daughter on as a graduation present. SS,DD.

Why lay people think they know better than people who have spent years in school to learn and practice a profession is beyond me. :wall:. Then when it all goes south, and it's a hot mess, we are supposed to fix it, quickly and cheaply :hysterical:. Bottom line is that more consideration needs to be put into putting someone's name on a deed, especially on a timeshare deed.

This happened to my best friend, her mother put her on the deed to her home and then when she passed away my friend was going to have to pay capitol gains taxes. She had just separated from her husband, so she moved into the house and then lived there for 3 years and then sold the house and did not have to pay capitol gains tax's. It was a hot mess and all because her mom listened to a relative vs the lawyer that had set up her parents will, and had the house quick claimed deeded over to her a few months prior to her death…ugh what a mess….
 

5finny

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Since this was a developer sale I thought Florida law required the prospective owner to be given disclosures
Although the normal time for complaint may have run I would think until you had some notice you were placed on the deed that the time to complain (rescind) may be tolled
Why not call the Fla. A.G. and inquire?
 

bogey21

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Why lay people think they know better than people who have spent years in school to learn and practice a profession is beyond me.

The "why" is that it is cheaper not to hire a lawyer. I am 80 years old and with one exception have always handled my own legal issues including 2 divorces, QUADROs, etc. Never had a problem and never regretted it. The one case where I hired a lawyer was when my Father's ex-wife forged his name on a deed and sold a jointly owned property.

George
 

VegasBella

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I've never bought retail buy all of my resale purchases were easy to do this with except of the one I have in the works now.

[...] just a matter of giving them the names I wanted on the deed. My wife is on all of them and one daughter is on one, they never signed anything.
My experience is similar. Usually there was a form to fill out about who was on the deed and how the deed should read. I'm not sure it even had to be signed. In one case it was just an email asking "whose names for the deed?"

I live in Ca. and have bought four timeshares. Three of which are in Ca. As a buyer, I never have had to have anything notarized. A seller needs to get some docs (the deed?) notarized, but not the buyer.
Same here. None of our purchases have required a notary.

Maybe I should add the name of my State Attorney general to my deed and he can deal with the mess when the time comes.
Sounds like a great new exit strategy.

Most states do not have a "consent" to own property. It is the seller who signs a deed.
Wow, this is surprising. I guess there's really no need for Viking Ships after all. If this is really the case, then owners could force HOAs to take back deeds. Or, to avoid foreclosure and subsequent credit issues, you could just deed the TS in the name of the taxman. WOW.


I believe that there should be laws throughout the US (and everywhere else, too, actually) that require resorts to accept deeds back from owners who wish to surrender their timeshares to the resort. That would solve a number of problems, including the post-card companies. Many resort HOAs would fight such a requirement, but I don't believe that their objections are reaonable. A well-run resort should be rentable, or used by the owners. IMO if the resort is not able to remain occupied and functional with the maintenance fees paid by the people who use it, it should be allowed to fail.
I agree.
And from the info above, it could be forced.
 

TUGBrian

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wonder if its possible to put the timeshare company/HOA itself on your deed as the last remaining party in a joint tenant/ survivorship situation.

problems solved upon death =)
 

Ty1on

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Any deed that involves an HOA (condo or timeshare) indicates that the owner agrees to comply with the covenants right on the deed. With timeshares that means paying the fees or the HOA can foreclose.

When there is joint tenancy, ownership does not pass through an estate, so there is no inheritance to disclaim. The daughter has owned it since the purchase, whether she has known it or not. She can thank her mother for that. A lot of people put kids on real estate to avoid probate. When it's a timeshare that's not the best move. This is a true cautionary tale of why people should see an attorney BEFORE putting their kids on property titles. The mother obviously thought she was doing the daughter a favor, when it actually turned out to be a burden. Take note also, of the other tugger that posted her story about the unit she put her daughter on as a graduation present. SS,DD.

Why lay people think they know better than people who have spent years in school to learn and practice a profession is beyond me. :wall:. Then when it all goes south, and it's a hot mess, we are supposed to fix it, quickly and cheaply :hysterical:. Bottom line is that more consideration needs to be put into putting someone's name on a deed, especially on a timeshare deed.

But the owner never "agreed," that's my point.
 
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