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

[DHW]

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 on any MVC timeshare documents. Only my aunt's name is on all legal documents.

No reply has been received from MCV for about 4 months. Our attorney, at this time, doesn't want to follow up with MVC. How long should we wait? What are the best next steps?

This has been a very frustrating process with long delays awaiting MCV replies. We would like to resolve this issue before next year's maintenance fees are due on December 1st, 2025. In addition, we would like to avoid any fees associated with this timeshare related to the 2024 maintenance fee and the loan past due interest.

Thank you very much in advance.

 

[TXTortoise]

Until Leslie has a chance to post...this is from another recent estate situation. Bottomline seems to be MVC won't accept deed-backs from an estate.

LeslieDet>>> "What you are running into is the complications of needing to probate your mom’s estate. if you aren’t already aware, the only way to legally transfer ownership of the MVC Trust Points is to process an ancillary probate in Orange County, Florida, the county where the deed is recorded. MVC will not accept transfers directly from an estate. That is why MVC said that you’d have to convey the deed to a person. The ancillary probate is also the only way you can legally convey ownership to a buyer. So, that’s important for a buyer to know, and your realtor should also be aware of that fact. The time to transfer will necessarily involve the executor of your mom’s estate obtaining probate court approval (which is not difficult, it just takes time). If you convey ownership to yourself, you can then sell or give back. You might want your mom’s estate to pay the maintenance fees due on 12/1/24, just so things will be smoother. if you do convey to yourself, you won’t get stuck. MVC will take back without paying you. The maintenance fees must be current though. BTW, I disagree with those who say MVC will exercise the ROFR if you get a buyer who will enter into a contract with you now, subject to the successful probate transfer. MVC simply doesn’t get invloved in probate transactions. Now, if you convey the ownership to yourself, then enter into a contract to sell, yes, it’s very possible MVC exercises it’s ROFR. And idk eBay rules, but I doubt you’ll be able to auction anything off that requires a probate judge to approve."

 

[vacationtime1]

I don't know what "forms" the estate's attorney sent to Marriott, I don't know in what state the probate is located, and I don't know if the timeshare is in that state or is in another state (i.e. if an ancillary probate would be necessary to convey title).

That said, if there is a $40K loan, MF's are overdue, and the only legal owner is deceased, this is Marriott's problem, not yours. I suspect your estate lawyer has a good reason not to follow up with Marriott; perhaps your lawyer is setting up an abandonment claim based on Marriott's silence. I would start by asking your lawyer what the strategy is. But I wouldn't spend a lot of time worrying nor would I be paying anything on the loan or MF's.

 

[DHW]

Hi LeslieDet,

Thank you for your reply. My aunt passed away in Pennsylvania last August 2023. The timeshare is in Florida.
For clarification, I inherited my aunt's estate and already completed the probate process in Pennsylvania. I am legally, the designated executrix. Marriott has recorded in their system that I am the executrix and my attorney and I have already been in communication with Marriott's legal team.

About four months ago, Marriott has acknowledged communication from my estate attorney and sent us a document to sign indicating that MCV will accept the timeshare deed in lieu of foreclosure.

About four months ago, I signed this document to return the timeshare to Marriott in lieu of foreclosure and we are still waiting for Marriott's reply.

A number of months ago, I spoke to a representative at Marriott and he walked me through the foreclosure process step by step and in the end, all fees were cleared and Marriott eventually accepted the deed in lieu of foreclosure. Well, at least this is what he has seen happen to others who have no interest in keeping the timeshare after inheriting it. He couldn't, of course, say this is what will happen to me. With that understood, we are following the process suggested.

Question 1: Has anyone reached this point in the process of returning a legal document to give back the timeshare in lieu of foreclosure to Marriott? If yes, how long did the process take to resolve and what can we expect next?

Question 2: At this point in the process, how much longer should we be awaiting a response from Marriott?

Question 3: What advice do you or other colleagues have on what are best next steps to move this process to completion?

Thank you all in advance.

Debbie

 

[DHW]

I don't know what "forms" the estate's attorney sent to Marriott, I don't know in what state the probate is located, and I don't know if the timeshare is in that state or is in another state (i.e. if an ancillary probate would be necessary to convey title).

That said, if there is a $40K loan, MF's are overdue, and the only legal owner is deceased, this is Marriott's problem, not yours. I suspect your estate lawyer has a good reason not to follow up with Marriott; perhaps your lawyer is setting up an abandonment claim based on Marriott's silence. I would start by asking your lawyer what the strategy is. But I wouldn't spend a lot of time worrying nor would I be paying anything on the loan or MF's.

Hi Robert, Thank you very much for your quick reply.

I believe that I just answered your questions a few minutes ago. The document that was signed and returned to MVC is called Deed In Lieu of Foreclosure. The letter was sent by the Default Administration Financial Services with a deadline of June 10th, 2024. The Deed in Lieu of Foreclosure document was prepared by and returned to: Marriott Ownership Resorts, Inc. Attention: Thomas R. Stokes in Lakeland, Florida.

I've heard that this process can take up to 1 to 2 years. I hope that this isn't the case and if anyone has more experience or suggestions on how to expedite this process?

 

[dioxide45]

That said, if there is a $40K loan, MF's are overdue, and the only legal owner is deceased, this is Marriott's problem, not yours.

Legally, it is also a problem for the estate. Like any other debts, the creditor can seek to have the estate cover the debts of the deceased. If the estate has significant assets or cash on hand, it should be paying off any debts before distributing the assets to any heirs.

 

[jp10558]

Legally, it is also a problem for the estate. Like any other debts, the creditor can seek to have the estate cover the debts of the deceased. If the estate has significant assets or cash on hand, it should be paying off any debts before distributing the assets to any heirs.

Presumably the lawyer would tell the standard stuff like that if they were any good. I suspect there's also that disclaimer of inheritance the OP should do, which again I would think the Lawyer probably can do if informed - they may just not know anything about timeshares?

 

[vacationtime1]

The document that was signed and returned to MVC is called Deed In Lieu of Foreclosure. The letter was sent by the Default Administration Financial Services with a deadline of June 10th, 2024. The Deed in Lieu of Foreclosure document was prepared by and returned to: Marriott Ownership Resorts, Inc. Attention: Thomas R. Stokes in Lakeland, Florida.

I've heard that this process can take up to 1 to 2 years. I hope that this isn't the case and if anyone has more experience or suggestions on how to expedite this process?

It appears that Marriott is onboard with you returning the property in lieu of further payments.

I don't know how long the process will drag out; Marriott's back office is notoriously slow and inefficient. But nothing further is required of you other than extreme patience.

 

[DHW]

Legally, it is also a problem for the estate. Like any other debts, the creditor can seek to have the estate cover the debts of the deceased. If the estate has significant assets or cash on hand, it should be paying off any debts before distributing the assets to any heirs.

Thank you for your reply.
Debbie

 

[DHW]

It appears that Marriott is onboard with you returning the property in lieu of further payments.

I don't know how long the process will drag out; Marriott's back office is notoriously slow and inefficient. But nothing further is required of you other than extreme patience.

Thank you for your reply and your comment about needing extreme patience. This is helpful to know.
Debbie

 

[DHW]

Presumably the lawyer would tell the standard stuff like that if they were any good. I suspect there's also that disclaimer of inheritance the OP should do, which again I would think the Lawyer probably can do if informed - they may just not know anything about timeshares?

Thanks for your reply and comment. I don't believe that a Disclaimer of Inheritance was submitted to the probate court. Is this something that can still be submitted at this time? My aunt passed away in August 2023 and probate was completed within about 2 months or so. Is submitting this disclaimer advisable now?
Debbie

 

[5finny]

Your asking members of a timeshare users group (most of whom are not attorneys) to second guess your attorney
I think you should just follow your attorneys advice--unless you think it is bad advice and then you probably need to find a new attorney

 

[jp10558]

Thanks for your reply and comment. I don't believe that a Disclaimer of Inheritance was submitted to the probate court. Is this something that can still be submitted at this time? My aunt passed away in August 2023 and probate was completed within about 2 months or so. Is submitting this disclaimer advisable now?
Debbie

I agree with @5finny but I have seen lots of posts on this forum that there's 9 months to disclaim inheritance when "stuff is done right". I imagine given my lay knowledge of other poorly run estates that if the assets haven't been disbursed yet, I guess that clock may have to wait till someone would actually inherit stuff, but ask a competent lawyer.

My limited understanding is they can only go after what secured the loan, and of course your deceased loved ones credit which isn't a thing anymore. So my IANAL guess is the lawyer just doesn't want to deal with all the paperwork and just figures it's basically Marriotts problem.

 

[Dean]

I agree with @5finny but I have seen lots of posts on this forum that there's 9 months to disclaim inheritance when "stuff is done right". I imagine given my lay knowledge of other poorly run estates that if the assets haven't been disbursed yet, I guess that clock may have to wait till someone would actually inherit stuff, but ask a competent lawyer.

My limited understanding is they can only go after what secured the loan, and of course your deceased loved ones credit which isn't a thing anymore. So my IANAL guess is the lawyer just doesn't want to deal with all the paperwork and just figures it's basically Marriotts problem.

It is my understanding they could go after the estate if they wanted but I can't imagine they would do so. Worst case scenario is likely to be they'll foreclose on their end.

 

[DHW]

Dear Everyone,

I want to thank everyone for providing feedback, context, and my need to be incredibly patient during what may likely be a long wait for an outcome.

Our estate attorney is excellent but he hasn't dealt much with timeshares.

Sending my best to all. Have a nice holiday weekend.

Debbie

 

[LeslieDet]

Hi LeslieDet,

Thank you for your reply. My aunt passed away in Pennsylvania last August 2023. The timeshare is in Florida.
For clarification, I inherited my aunt's estate and already completed the probate process in Pennsylvania. I am legally, the designated executrix. Marriott has recorded in their system that I am the executrix and my attorney and I have already been in communication with Marriott's legal team.

About four months ago, Marriott has acknowledged communication from my estate attorney and sent us a document to sign indicating that MCV will accept the timeshare deed in lieu of foreclosure.

About four months ago, I signed this document to return the timeshare to Marriott in lieu of foreclosure and we are still waiting for Marriott's reply.

A number of months ago, I spoke to a representative at Marriott and he walked me through the foreclosure process step by step and in the end, all fees were cleared and Marriott eventually accepted the deed in lieu of foreclosure. Well, at least this is what he has seen happen to others who have no interest in keeping the timeshare after inheriting it. He couldn't, of course, say this is what will happen to me. With that understood, we are following the process suggested.

Question 1: Has anyone reached this point in the process of returning a legal document to give back the timeshare in lieu of foreclosure to Marriott? If yes, how long did the process take to resolve and what can we expect next?

Question 2: At this point in the process, how much longer should we be awaiting a response from Marriott?

Question 3: What advice do you or other colleagues have on what are best next steps to move this process to completion?

Thank you all in advance.

Debbie

I am traveling and didn’t see this post until now.

It would seem that when MVC indicated it would take the deed in lieu either they were not aware that your aunt was deceased, or they presumed that you were having the ownership conveyed to you or another heir who would then assume the debt and want the deed in lieu process completed.

I can’t imaging that no contact is a good approach. I’d expect to see written communication between your estate counsel and MVC legal to understand what the expectation is as to who will be the person executing the deed in lieu. Simply because you’re the executor doesn’t give you the power outside of probate to legally convey title. This would be somet that would have to have a probate court order behind it.

 

[LeslieDet]

Thanks for your reply and comment. I don't believe that a Disclaimer of Inheritance was submitted to the probate court. Is this something that can still be submitted at this time? My aunt passed away in August 2023 and probate was completed within about 2 months or so. Is submitting this disclaimer advisable now?
Debbie

The probate cannot have been completed if your aunt owned real property in Florida. The only way to deal with that is via an ancillary probate in Florida. It sounds like the original probate was prematurely closed.

Also, whose name was on the deed in lieu document you received from Default Administration Financial Services? did they understand your aunt was deceased?

 

[TolmiePeak]

Yes Marriott is very slow. A straight forward transfer of ownership from my mother in law to us took them 3.5 months to process after LT Transfers sent them the paperwork.