Timeshare deed never recorded.

[JILLYFISHH]

Hello Tuggers,
We have had a timeshare for about 20 years now. Always paid on time and enjoyed exchanges. We decided that we would like to give it back to the resort. It turns out that the deed was never recorded. The original owners were hacks. We have paid fees through the end of 2021. The board is asking us to pay $350 for legal fees to produce a release.
Is it unreasonable to think that we have already prepaid this years fees and that should be enough?
Also, what documentation should I expect to show that we are released from obligation? (Do we really have any obligation?)

Thank you in advance!

 

[DeniseM]

If the deed isn't in your name, you are scott free. If you aren't the owner - you owe them nothing. Which begs the questions - why was the resort sending you MF bills all these years, if they didn't have you as the owner of records? Smells fishy!

 

[JILLYFISHH]

Hi Denise,

I think the deed was drawn up on our name, but it was never recorded.

 

[bogey21]

I'm not sure Deed has to be recorded to legally represent your ownership...

I'd be inclined to pay the $350 to get rid of the Week. Personally I'd be happy with a contract signed by you and a Representative of the TimeShare's Board and a copy of your check with their endorsement on the back. Although I'm a little loosey goosey with this stuff I have bought and sold about 50 TS Weeks and never had a problem...

George

 

[DeniseM]

Hi Denise, I think the deed was drawn up on our name, but it was never recorded.

A deed that is written up, but not recorded is just a piece of paper. Unless the deed is recorded with the county and the resort, it's meaningless. What resort is this?

 

[JILLYFISHH]

The resort is Edgewater Beach in Dennisport, MA. We bought when it was still under construction. The developer did not knw what they were doing.

 

[DeniseM]

OK - I did not realize you bought from the developer. "Original Owners" sounds like you acquired it on the resale market.
-How did you find out it's not recorded - did the resort ownership tell you that?
-Did you verify that with the local county recorder's office or whoever is the governmental keeper of the deeds?

 

[bogey21]

A deed that is written up, but not recorded is just a piece of paper. Unless the deed is recorded with the county and the resort, it's meaningless.

Is there any law that says a Deed must be recorded in a timely manner? If not, what is to stop the Resort from recording it now. If they can, the fact that it is unrecorded is meaningless making it more than just a piece of paper...

George

 

[theo]

This situation is a bit complicated, as is the entire ugly history of this particular resort on Cape Cod. A Google search (or even a TUG search) would easily reveal more than you would likely even care to digest (...I recommend having some antacids nearby).

George has some valid points above. The fact that a lawful deed was once duly executed (even if not subsequently recorded) coupled with the fact that the OP has been fully utilizing all benefits of ownership there (such as "exchanging") for several decades now certainly precludes suddenly claiming with any real basis or credibility (20 years later) that "I am not actually the owner".

I am not providing legal analysis and / or legal advice here, but my personal opinion is that paying $350 to bid a permanent and conclusive farewell to that particular Cape Cod mess would be $350 well spent. It would most likely cost that much to "deedback" (with maintenance fees still required to be current) whether or not a valid, executed deed was properly recorded "way back when".

Just my $0.02 worth, acknowledging that the $350 is not coming out of my pocket, but I still suggest evaluating and considering this lawful (and permanent) available "exit" option in terms of its' cost / benefit. Many resorts do not even offer that option.