re: Marriott Timeshare Give Back to Marriott

[DHW]

Dear TUG members,

Thank you for your replies to my initial post on 8/29/2024!

My aunt had a timeshare with the Marriott Vacation Club and passed away in August 2023. We want to give the timeshare back to Marriott. I am the executor, but thankfully, I am not listed on the deed.

My estate attorney sent the MVC attorney a Deed in Lieu of Foreclosure by their 6/2024 deadline, but we haven't heard back from Marriott in ~ 10 months.

I stopped paying the maintenance fees for 2 years and the loans on the Florida timeshare.

What are our options: Should we just wait it out? Have the attorney send a follow-up letter? Or, can I call to ask for the status myself?

Perhaps just waiting it out is the best plan for now. I don't believe we received a bill for the maintenance fee last December 2024.

Thank you. Any suggestions would be greatly appreciated!

 

[dioxide45]

Have you checked the county recorder's office in the location where the timeshare is located? If she had a loan, perhaps she owned Club Points. You can check the recorded records in Orange County Florida. Perhaps they already foreclosed? Marriott is usually pretty quick to file a lien in the case of non payment and the Florida non-judicial foreclosure process is usually pretty quick.

 

[TUGBrian]

want to say they are likely stuck in the situation reported earlier where marriott wont accept the a florida deedback from a deceased party. id have to go find that thread to dig up the details, but I want to say this was exactly the same situation where something seemingly so simple was turned on its head for various reasons.

 

[dioxide45]

want to say they are likely stuck in the situation reported earlier where marriott wont accept the a florida deedback from a deceased party. id have to go find that thread to dig up the details, but I want to say this was exactly the same situation where something seemingly so simple was turned on its head for various reasons.

That is likely the case. I do recall that being an issue in the past. The timeshare first has to be conveyed to a living person or entity and then Marriott will accept the deed back. At this point though, it seems like it should be going through the foreclosure process.

Did Marriott ever agree to the deed in lieu of foreclosure? It isn't something they have to accept, though it usually makes financial sense for them to do so.

 

[DHW]

Have you checked the county recorder's office in the location where the timeshare is located? If she had a loan, perhaps she owned Club Points. You can check the recorded records in Orange County Florida. Perhaps they already foreclosed? Marriott is usually pretty quick to file a lien in the case of non payment and the Florida non-judicial foreclosure process is usually pretty quick.

Thank you for the tip. This was helpful.

I just checked the link and saw that a Lien was placed on my aunt with the address of my attorney. The Lien was dated March 2024 with an assessment of $5800 due on 12/1/2023 plus interest, late charges, costs, attorney fees totalling $6200. This lien secured these amounts as well as any amounts that may accrue in the future.

She passed away in August 2023.
My attorney sent the Marriott attorney a Deed in Lieu of Foreclosure at the end of June 2024. There is a second loan, however, no lien has been recorded yet.

Thank you. I am sending this to my attorney now.

 

[DHW]

That is likely the case. I do recall that being an issue in the past. The timeshare first has to be conveyed to a living person or entity and then Marriott will accept the deed back. At this point though, it seems like it should be going through the foreclosure process.

Did Marriott ever agree to the deed in lieu of foreclosure? It isn't something they have to accept, though it usually makes financial sense for them to do something.

want to say they are likely stuck in the situation reported earlier where marriott wont accept the a florida deedback from a deceased party. id have to go find that thread to dig up the details, but I want to say this was exactly the same situation where something seemingly so simple was turned on its head for various reasons.

Hi Brian,
Thank you for your reply. It would be very helpful if you could find the thread that has the details.
Debbie

 

[dioxide45]

I suspect that the fact your aunt has passes will slow down the foreclosure process for Marriott Vacation Club. I doubt it can go through a non-judicial foreclosure. They would be best to take a deed in lieu, but may not be able or willing to do so from the estate.

 

[TUGBrian]

here was your original post from 2024..

Timeshare deed-back sent to MVC. No reply from Marriott. Best next steps?

As executor of my aunt's estate, we have no interest in keeping the Marriott Vacation Club timeshare. About 4 months ago, my estate attorney returned forms to deed back timeshare in lieu of foreclosure. We have not paid 2024 maintenance fees and outstanding loans of about $ 40k. My name is not...

tugbbs.com

id imagine if its been that long with no action, there isnt much left for you to do but continue to leave the ball in marriotts court.

 

[DHW]

here was your original post from 2024..

Timeshare deed-back sent to MVC. No reply from Marriott. Best next steps?

As executor of my aunt's estate, we have no interest in keeping the Marriott Vacation Club timeshare. About 4 months ago, my estate attorney returned forms to deed back timeshare in lieu of foreclosure. We have not paid 2024 maintenance fees and outstanding loans of about $ 40k. My name is not...

tugbbs.com

id imagine if its been that long with no action, there isnt much left for you to do but continue to leave the ball in marriotts court.

Hi Brian,
Yes, that is my original post!

I am curious if there was someone else who experienced a situation where the timeshare first needed to be conveyed to a living person or entity before Marriott would accept the deed back? I hope this isn't the case since it would cause further delays.

Thanks,
Debbie

 

[dioxide45]

Hi Brian,
Yes, that is my original post!

I am curious if there was someone else who experienced a situation where the timeshare first needed to be conveyed to a living person or entity before Marriott would accept the deed back? I hope this isn't the case since it would cause further delays.

Thanks,
Debbie

If you use the Search function and do a search for "living person" (use the quotes) you will find a number of posts and threads discussing it.

 

[DHW]

Dear Brian and dioxide45,

Thanks for your helpful replies. The forum has been wonderful!

I only hope that Marriott is able to take a deed back even though the owner has passed away! I wish we new if Marriot is able to take a deed back and if not what if anything we can do to address this?

So it's a waiting game now, and I will leave the ball in Marriott's court. If you here anything else on this topic please keep me in mind.

Thank you both very much! I really appreciate your feedback.

Debbie

 

[CalGalTraveler]

@DHW Sorry to hear about these delays. Is the timeshare in a trust? or in your Aunt's estate outside of a trust. I would be surprised if MVC wouldn't consider the trust as a viable legal entity to dispose of the timeshare. In some states a trust is considered a "person" for certain transactions

YMMV. I am not a lawyer but perhaps reaching out to @LeslieDet would shed light on this.

 

[Dean]

Dear Brian and dioxide45,

Thanks for your helpful replies. The forum has been wonderful!

I only hope that Marriott is able to take a deed back even though the owner has passed away! I wish we new if Marriot is able to take a deed back and if not what if anything we can do to address this?

So it's a waiting game now, and I will leave the ball in Marriott's court. If you here anything else on this topic please keep me in mind.

Thank you both very much! I really appreciate your feedback.

Debbie

Please let us know back if there are any developments. One issue is whether the executor can close the estate with something like this outstanding. My understanding is there are ways to move forward that requires a judge to sign off on removing the item from the estate and that generally there needs to be sufficient time to elapse with good faith efforts to dispose of the item. I've seen the time frame of a year referenced as a good time frame in this regard.