Timeshare - [I didn't sign all the purchase Docs]

[Shay]

Hi,

Are you able to get out of your time share if you never signed the closing disclosure? They're telling me it was nevered signed and they can't transfer the deed in my name without it. This is from 2020.

 

[dioxide45]

Are you buying or trying to sell? Who is telling you this?

 

[silentg]

Good question, I would think so, but not an expert on it. Why didn’t they ask you 4 years ago to sign ?

 

[Shay]

Are you buying or trying to sell? Who is telling you this?

Buying and Westgate

 

[Shay]

Good question, I would think so, but not an expert on it. Why didn’t they ask you 4 years ago to

 

[Shay]

They told me last year I was missing some documents but only recently said my deed can't be transferred without it. My friend and I wasn't signing anything else with them.

 

[silentg]

Have they let you stay there?

 

[Passepartout]

Have you been paying annual fees?
Just some friendly advice. If you are (so far) free of Westgate, stay away from them. There are FAR more owner friendly TS outfits with great resorts than WG.

 

[CalGalTraveler]

Check with a lawyer but if you haven't made any payments, have not stayed there with your membership and never signed a document to close, then it seems to me this is an invalid contract and they are beyond the 3 year statute of limitations AFAIK. It is not in your name so do not send them any money or it will obligate you and restart the 3 year clock.

PS...the TS company will lie to you so you pay up. Westgate is a terrible company because your timeshare is valueless for resale because they have too many restrictions and should be avoided.

Where is this timeshare located? They cannot even foreclose or ding your credit if the deed is not in your name...

We are not lawyers and you should consult one. Try a free consultation on RocketLawyer.com and pay a lawyer for an hour.

Good luck. Please report back what you find.

 

[Shay]

Check with a lawyer but if you haven't made any payments, have not stayed there with your membership and never signed a document to close, then it seems to me this is an invalid contract and they are beyond the 3 year statute of limitations AFAIK. It is not in your name so do not send them any money or it will obligate you and restart the 3 year clock.

PS...the TS company will lie to you so you pay up. Westgate is a terrible company because your timeshare is valueless for resale because they have too many restrictions and should be avoided.

Where is this timeshare located? They cannot even foreclose or ding your credit if the deed is not in your name...

We are not lawyers and you should consult one. Try a free consultation on RocketLawyer.com and pay a lawyer for an hour.

Good luck. Please report back what you find.

We have been paying them because we didn't know. I will reach out to the lawyer you suggested. The time share is in Vegas.

 

[Shay]

Have they let you stay there?

We haven't used it.

 

[Shay]

Have you been paying annual fees?
Just some friendly advice. If you are (so far) free of Westgate, stay away from them. There are FAR more owner friendly TS outfits with great resorts than WG.

We have paid the monthly fee but the annual fee.

 

[Passepartout]

We have paid the monthly fee but the annual fee.

So if you actually don't own it (WG can't transfer the title), make them prove that you actually owe the fees and force them to refund everything you've paid. Don't sign ANYTHING!

 

[dioxide45]

It sounds like you signed a contract to purchase? When was this? It seems that they failed to have you sign a Closing Disclosure? I believe a closing disclosure is required to be provided to the buyer and thus why they need you to sign it. Does this nullify the contract? Probably not. I suspect you financed the timeshare through Westgate? If so, they want to file the deed so they can also file the mortgage to secure the note. That doesn't necessarily nullify the note, it just means you would have an unsecured loan. Can they still try to collect on the note, probably, they just can't foreclose because there is no title to foreclose on. Could they possibly ding your credit? If you signed a not, then probably. This isn't legal advice, so as noted, talk to an attorney. Probably one that is in Nevada and knows about timeshare.

 

[Shay]

Okay Thank you

 

[Shay]

So if you actually don't own it (WG can't transfer the title), make them prove that you actually owe the fees and force them to refund everything you've paid. Don't sign ANYTHING!

Okay thank you

 

[silentg]

Let us know how it is resolved