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Removing an Ex

L

lindadi62

newbie
Joined
Dec 3, 2014
Messages
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Location
New Jersey
Good afternoon. I have a timeshare through Treetops/RCI and really starting to use it/like it. My ex boyfriend, NOT legal husband, is NOT paying anything on it (we still owe on it, another 5 years). I pay the monthly payments and the maintenance fees. Is there ANYWAY that he can have his name removed from the deed even if it's not paid off yet? He wants nothing to do with it and i really don't want him using it.

He has no problem with signing anything to get him off of the TS.

thank you!!

Linda
 
The problem is not the deed - the problem is the mortgage on it. The mortgage company will have to agree to take him off the loan - that's where you start.

If it is financed through the resort, chances are that your interest rate is high. If you can, you should consider refinancing it at a lower rate - for instance: a 2nd mortgage. In general, you can't get a regular consumer loan for a timeshare at a competitive rate, because they have no value, making them a risk to finance. But if you use your home equity, you will get a lower rate, and the interest will be a write off - because it's your home mortgage.

Then you can take his name off the deed - I use this company for timeshare title work. They are Tuggers, they are inexpensive, and they are very reliable:

L.T. Transfers
Lisa Short and Mary Pless
http://www.lttransfers.com/
readylegal@gmail.com
706.219.2709
 
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I spoke to them and waiting for the paperwork since I gave everything to the ex. All they keep saying is, 'nothing you can do until it's paid off'
 
lindadi62 said:
I spoke to them and waiting for the paperwork since I gave everything to the ex. All they keep saying is, 'nothing you can do until it's paid off'
Click to expand...

Did you see my info. about about refinancing and paying it off?
 
Unless you can refinance it, you are stuck until it's paid off.

The lender has no motivation to let him off the mortgage - better for them to have two people who are obligated to pay, rather than just one.

You might be able to get him off the deed, using the info. I posted above, but that won't take him off the mortgage.
 
You know, getting him off the deed is fine. I don't want him to be able to pick up the phone and make a reservation. He is doing nothing towards this time share; monthly payments and/or renewal or maintantence fees! If taking him off the deed will do that, to not give him access, i'm fine with that. I can deal with the mortgage part in 5 years when it's paid off...:(
 
lindadi62 said:
they're in Georgia. I'm assuming we would have to go into a title company to sign papers?
Click to expand...

No - it will all be done by mail/email.

I'm on the west coast and they have done multiple deed transfers for me.
 
DeniseM said:
Unless you can refinance it, you are stuck until it's paid off.

The lender has no motivation to let him off the mortgage - better for them to have two people who are obligated to pay, rather than just one.

You might be able to get him off the deed, using the info. I posted above, but that won't take him off the mortgage.
Click to expand...

Hopefully, the loan is NOT recorded at the county level against the DEED as a lien.
 
Denise,
I would bet these timeshare loans are MORE consumer loans verse SECURED mortgage loans ...

WHY?
Very high interest rates.
Even heard of ANYONE ever receiving the CANCEL MORTGAGE NOTE to release the recorded lien filed at the county level?
 
I know starwood deeds in SC are definitely filed with liens and then refiled when liens are satisfied.
 
Whether or not the loan is recorded as a mortgage, he could possibly sign a Quitclaim Deed to her which would ensure that, as between the two of them, he would make no further use of the unit. True, that won't remove him from the loan nor change anything on the books at the resort (unless they agreed to), it would clear things up between the two of them.

Personally, if asked, I wouldn't sign a QCD unless a release from the loan and transfer on the resort's books was part of the deal, but it's possible that he's not that smart.
.
.
 
He really isn't that smart. :) But yea, i don't want him to be able to call up and say, hey I need a timeshare for a week because yea, legally he can do that. He says he wants nothing to do with it but who knows if his new girlfriend will get wind of it and want to do it.

why would there be a lien on the note anyway?

I just don't want to deal with him in 5 years when the 'mortgage' is paid off! I want this done now
 
lindadi62 said:
I just don't want to deal with him in 5 years when the 'mortgage' is paid off! I want this done now
Click to expand...

How about having him sign an undated Quit Claim Deed which you would date and file after the loan is paid off? Once he signs he would think he no longer has an interest in the Week and thus would be very unlikely to try and use it. Make sure Resort and entity to which you are making loan payments are using your address.

George
 
All information has been switched over to my name/address/phone number/email, etc. I have sent letters and spoken to people at all entities and they know the situation which helps! UNFORTUNATELY I can't be offered the free weekends because both people on the 'lease' has to be there. :( But yea, he doesn't get phone calls or mailers.

In regarding to signing the Quit deed form, i don't think he'll have a problem with that...
 
lindadi62 said:
....In regarding to signing the Quit deed form, i don't think he'll have a problem with that...
Click to expand...

You might have to have THAT SIGNATURE notarized WHEN he signs it. And that person MUST date their signature and LOG it into their NJ LOG book as to WHO and WHAT was sealed by them .... there are NJ rules (I wonder WHY???).
I believe they also NOTE in their log book WHAT form of PHOTO ID they saw to accept that person was WHO actually did the signature.

PS I regularly get stuff notarized in NJ -- and I am very well known by the notary --- she still copies the legal info into her log book.

So, the issue becomes is there a date something is no longer recognized by the state or county the deed needs to be filed (before you get around to recording it)?
 
yea, if it has to be notarized then yes, there will need to be a date involved. :( But again, he won't have a problem signing anything but having him legally taken off is not an option obviously until 55 more payments are made
 
The deed needs to be dated, but when to record it is discretionary.
There's nothing magical or significant about a recording date.
Recording is simply to let the world know that the deed exists.
 
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lindadi62 said:
UNFORTUNATELY I can't be offered the free weekends because both people on the 'lease' has to be there. :(
Click to expand...

Count that as a blessing... those free weekends are likely sales pitches.
 
no, they ARE sale pitches but I love spending ZERO for a ski weekend stay! I'll sit through the 90 minutes...oooohhhh, aaaahhhh at everything and move on! :)
 
Talent312 said:
The deed needs to be dated, but when to record it is discretionary.
There's nothing magical or significant about a recording date.
Recording is simply to let the world know that the deed exists.
Click to expand...

Good point. Get him to sign a QC Deed in front of a notary and hold it until you finish paying off the loan. Then file it and report it to the Resort. Once he signs the deed he will have no reason to think he can use the Week.

George
 
George, don't they need the deed though in order for him to sign anything off of it? Also, we live in Jersey but the 'timeshare' is in PA so we need info for PA correct?
 
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