I have been reading the tug forums for a few years now trying to stay abreast of the latest DRI antics. I appreciate everyone's post and think I have read them all, lol.
I have not seen any current, relevant posts for my situation, so please forgive the length of my post and help if you can.
Stats:
We own (free and clear) a deeded 'Copper' every other year to a 'Prime' property
It was purchased through the now defunct ILX/Varsity Resorts in Tucson AZ
The home property was The Los Abrigados in Sedona
We stopped paying maintenance fees in 2010
We did not become aware that DRI had purchased ILX until well after the fact when our new DRI fees, including Club fees, became due. I believe this was Jan 09. I called them in shock at the huge jump in maintenance fees and to question the club fees. After listening to what sounded an awful lot like a lengthy sales presentation about The Club, I told them firmly, multiple times that I was not interested in their club and to remove the charge. At that point I was told in no uncertain terms that I could pay the fee or become delinquent and go to collections, the 'opt-out' period had past. Insisting I had NEVER received notice of the club or opt-opt period did no good. To maintain our good credit, I paid.
2010 brought more club fees and another huge jump in maintenance fees. After lots of research and careful consideration, including the fact that we have never, not once, used our timeshare, we decided to just stop paying. After all, our contract was with ILX for a deeded week (with 6 flex weeks) and DRI had materially changed the contract to eliminate our flex weeks and force us to a points system.
The first couple years the collection dept called a few times and every time I told them I would not discuss anything over the phone and all communication must be via mail. They refused to accept that unless I 'verified' my account and balance due, thereby trying to get me to acknowledge the debt. I refused so they kept calling and eventually I blocked their number. I continued to get statements and the occasional nasty gram threatening to block my access, etc.
Today I got a call from a Bay Area number, 415-889-2767, the gentleman named Ralph Rios (?) claimed to be calling from DRI headquarters in FLORIDA and said he was my Vacation Coordinator. He wantied to know if I had received my upgrade options in the mail, if not he could go over them, or I could supply him my email and he would happily email them to me. Um no. Not sure if this relates to DRI or is a scam.
After that interesting call I got a letter today from First American title giving me notice of delinquent assessment and threatening a Non-Judicial foreclosure if I do not bring my account current within 30 days.
So, after 5 years of refusing to pay maintenance and club fees, it has come to this.
While in theory a non-judicial foreclosure sounds like a great way to finally be done with DRI since they can't come after us for any shortfalls, however our concern is whether we will take a foreclosure hit on our credit, not an option!
Since I bought prior to Jan 1, 2009, Arizona statute has a clause that I can prevent a Non-judicial foreclosure, thereby forcing them to persue legal action, which I am sure DRI really wants to avoid. At this point I would rather pay an attorney $5000 and fight them in court than give them another dime!
FTR, I refuse to PAY them to take my deed back so they can resell it.
So has anyone else been in a similar position? I would love to hear others experiences with an Assessment only foreclosure, fee less deed backs or prior ILX owners who, like us, didn't buy into the points system.
Thanks!
I have not seen any current, relevant posts for my situation, so please forgive the length of my post and help if you can.
Stats:
We own (free and clear) a deeded 'Copper' every other year to a 'Prime' property
It was purchased through the now defunct ILX/Varsity Resorts in Tucson AZ
The home property was The Los Abrigados in Sedona
We stopped paying maintenance fees in 2010
We did not become aware that DRI had purchased ILX until well after the fact when our new DRI fees, including Club fees, became due. I believe this was Jan 09. I called them in shock at the huge jump in maintenance fees and to question the club fees. After listening to what sounded an awful lot like a lengthy sales presentation about The Club, I told them firmly, multiple times that I was not interested in their club and to remove the charge. At that point I was told in no uncertain terms that I could pay the fee or become delinquent and go to collections, the 'opt-out' period had past. Insisting I had NEVER received notice of the club or opt-opt period did no good. To maintain our good credit, I paid.
2010 brought more club fees and another huge jump in maintenance fees. After lots of research and careful consideration, including the fact that we have never, not once, used our timeshare, we decided to just stop paying. After all, our contract was with ILX for a deeded week (with 6 flex weeks) and DRI had materially changed the contract to eliminate our flex weeks and force us to a points system.
The first couple years the collection dept called a few times and every time I told them I would not discuss anything over the phone and all communication must be via mail. They refused to accept that unless I 'verified' my account and balance due, thereby trying to get me to acknowledge the debt. I refused so they kept calling and eventually I blocked their number. I continued to get statements and the occasional nasty gram threatening to block my access, etc.
Today I got a call from a Bay Area number, 415-889-2767, the gentleman named Ralph Rios (?) claimed to be calling from DRI headquarters in FLORIDA and said he was my Vacation Coordinator. He wantied to know if I had received my upgrade options in the mail, if not he could go over them, or I could supply him my email and he would happily email them to me. Um no. Not sure if this relates to DRI or is a scam.
After that interesting call I got a letter today from First American title giving me notice of delinquent assessment and threatening a Non-Judicial foreclosure if I do not bring my account current within 30 days.
So, after 5 years of refusing to pay maintenance and club fees, it has come to this.
While in theory a non-judicial foreclosure sounds like a great way to finally be done with DRI since they can't come after us for any shortfalls, however our concern is whether we will take a foreclosure hit on our credit, not an option!
Since I bought prior to Jan 1, 2009, Arizona statute has a clause that I can prevent a Non-judicial foreclosure, thereby forcing them to persue legal action, which I am sure DRI really wants to avoid. At this point I would rather pay an attorney $5000 and fight them in court than give them another dime!
FTR, I refuse to PAY them to take my deed back so they can resell it.
So has anyone else been in a similar position? I would love to hear others experiences with an Assessment only foreclosure, fee less deed backs or prior ILX owners who, like us, didn't buy into the points system.
Thanks!