Recording Deeds

[DaBomb]

Can u help me easily navigate process of recording the deeds of my 3 new timeshares with FL and HI? My local attorney has prepared all necessary paperwork and all is signed and notarized by buyer and seller. They are all paid in full. No money crossed hands, it was a debt fulfilled. On SVO Hawaii property they have already exercised "right of first refusal" as a no. Documents were executed on 9-17-11 so I think I have 90 days is that right? Thanks!

 

[Passepartout]

If you don't want to pay someone to do them, just call the counties where they are located, ask the fee for recording them, get cashier's checks in the correct amounts and send 'em off. When they are returned stamped from the recorders offices, sent copies to the resorts involved along with whatever fees they require. That's all there is to it.

Jim Ricks

 

[DeniseM]

I have a question - how did Starwood exercise ROFR on a timeshare that you are gifting to someone? If this is true, it means they are going to take it from you and pay you nothing.

Perhaps you mean they are NOT exercising ROFR?

Many Tuggers have used this document preparation company for deed recording:
Lisa Short - www.legaltimesharetransfers.com 706-219-0092 readylegal@gmail.com

Lisa has been receiving good reviews on TUG.

 

[DaBomb]

Yes sorry they are NOT exercising ROFR, thanks!

 

[DaBomb]

Oh wow thank you!!

 

[Carolinian]

Question - Is your local Texas attorney licensed to practice law in Hawaii or Florida? If not, he/she may not be legally qualified to prepare a deed for a property including a timeshare in those states. That might be something the State Bar of those states may be highly interested in. Those states may also, like many, have laws making it a criminal offense to practice law without a license, and that means a law license in the state where the property is located when dealing with preparation of a deed .

Can that impact you? Absolutely! I have seen deeds recorded in Dare County, North Carolina for timeshares that were prepared by Tennessee and Virginia lawyers who were not licensed in North Carolina (I checked the NC State Bar list) and were probably fine for property in their own states but were invalid on their face to pass title in North Carolina.

It is not just the unqualfiied laymen of most of these timeshare closing companies that you have to watch out for, but also out of state lawyers who presume to prepare deeds in other states.

In any closing, make sure you have a qualified deed preparer. The State Bar lists in the state where the timeshare is located are availible online in most if not all states.

 

[Dave H]

Question - Is your local Texas attorney licensed to practice law in Hawaii or Florida? If not, he/she may not be legally qualified to prepare a deed for a property including a timeshare in those states. That might be something the State Bar of those states may be highly interested in. Those states may also, like many, have laws making it a criminal offense to practice law without a license, and that means a law license in the state where the property is located when dealing with preparation of a deed .

Can that impact you? Absolutely! I have seen deeds recorded in Dare County, North Carolina for timeshares that were prepared by Tennessee and Virginia lawyers who were not licensed in North Carolina (I checked the NC State Bar list) and were probably fine for property in their own states but were invalid on their face to pass title in North Carolina.

It is not just the unqualfiied laymen of most of these timeshare closing companies that you have to watch out for, but also out of state lawyers who presume to prepare deeds in other states.

In any closing, make sure you have a qualified deed preparer. The State Bar lists in the state where the timeshare is located are availible online in most if not all states.

Carolinian:

Yes, in both of those states legally an attorney must prepare the deeds, or a party to the transaction can prepare them In Florida, a licensed title agent pursuant to the issuance of a title policy can prepare the deeds.

On the Hawaii property, the bigger issue is now the de-registration from the Land Court of the SVO timeshare and the then recording everything in the Regular Court system. That is not something I suggest owners attempt themselves unless they know what they are doing.

And yes, we still do it the right way