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what org. regulates TS in the USA

easyrider

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If you had a complaint about a Time Share, who do you call. Who enforces the law with escrow companies and developers in the USA. My question is concerning Eagle Crest in Oregon. Eagle Crest sent a week back to escrow to have the contract corrected after my ownership of 18 months and the escrow company sent it back to the seller, who then resold it. I have the document of ownership, the deed, but Eagle Crest is saying this has to be corrected by the escrow company. I have used this ownership twice with Eagle Crest but currently can not. Any advice is appreciated.

Thanks
Bill
 

aliikai2

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The state does, there is no Federal agency

So if you want to rattle them, contact the real estate commission in the state where the escrow company does business.

fwiw,

Greg
 

icydog

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If you had a complaint about a Time Share, who do you call. Who enforces the law with escrow companies and developers in the USA. My question is concerning Eagle Crest in Oregon. Eagle Crest sent a week back to escrow to have the contract corrected after my ownership of 18 months and the escrow company sent it back to the seller, who then resold it. I have the document of ownership, the deed, but Eagle Crest is saying this has to be corrected by the escrow company. I have used this ownership twice with Eagle Crest but currently can not. Any advice is appreciated.

Thanks
Bill

Wow that's a horror story. I'm sorry you have to be going through this. I would contact the Attorney General for the state in which the timeshare sits. How can they do business like this. It's like accepting stolen property.
 

sfsailors

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If you had a complaint about a Time Share, who do you call. Who enforces the law with escrow companies and developers in the USA. My question is concerning Eagle Crest in Oregon. Eagle Crest sent a week back to escrow to have the contract corrected after my ownership of 18 months and the escrow company sent it back to the seller, who then resold it. I have the document of ownership, the deed, but Eagle Crest is saying this has to be corrected by the escrow company. I have used this ownership twice with Eagle Crest but currently can not. Any advice is appreciated.

Thanks
Bill

It's hard to believe it. Did you get a deed of this tineshare? Did the deed get recorded? What did you meant ownership? How can anyone take away your ownership?
 

Talent312

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If you had a complaint about a Time Share, who do you call. Who enforces the law with escrow companies and developers in the USA. My question is concerning Eagle Crest in Oregon. Eagle Crest sent a week back to escrow to have the contract corrected after my ownership of 18 months and the escrow company sent it back to the seller, who then resold it. I have the document of ownership, the deed, but Eagle Crest is saying this has to be corrected by the escrow company. I have used this ownership twice with Eagle Crest but currently can not. Any advice is appreciated.

Its time to consult a R/E attorney to find out what you bought, what you own and who to sue. With this knowledge, pursue both private litigation and contact the R/E sales commission in the state where the property is located.
 
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easyrider

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The deed is recorded in Deschutes Co. Oregon in my name but had an error in the interval week number. The resort sent the deed back for correction to Time share Closing Services, Inc. and they in turn gave it back to the seller who then re-sold it with the corrected interval number. The resort acknowledges that I did own that week.

This week was mistakenly put into my name as I only bought one but ended up with two. I would think that after using it twice and having the deed in my name that it is mine.
 

timeos2

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The deed is recorded in Deschutes Co. Oregon in my name but had an error in the interval week number. The resort sent the deed back for correction to Time share Closing Services, Inc. and they in turn gave it back to the seller who then re-sold it with the corrected interval number. The resort acknowledges that I did own that week.

This week was mistakenly put into my name as I only bought one but ended up with two. I would think that after using it twice and having the deed in my name that it is mine.

Seems they aren't taking your week but correcting an error. If you got the week you paid for the story is over. You have no right to another week unless you also purchase that.
 

icydog

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The deed is recorded in Deschutes Co. Oregon in my name but had an error in the interval week number. The resort sent the deed back for correction to Time share Closing Services, Inc. and they in turn gave it back to the seller who then re-sold it with the corrected interval number. The resort acknowledges that I did own that week.

This week was mistakenly put into my name as I only bought one but ended up with two. I would think that after using it twice and having the deed in my name that it is mine.

Are you kidding? You were talking about a week you got by mistake? And then you complain about them finding the mistake and fixing it?

You are very lucky you got to use the week at all much less two times. I thought this was fraud-- but it's not--It's greed!
 

Talent312

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This week was mistakenly put into my name as I only bought one but ended up with two. I would think that after using it twice and having the deed in my name that it is mine.

Sorry, but no.
There is a legal doctrine that can be used to perfect a title given by mistake. Its called "adverse possession under color of title;" however, your limited use does not qualify. What I do find curious is why you have not been sued. There is another legal doctrine called "unjust enrichment." Look it up and you'll see a picture of yourself.
 
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easyrider

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I paid $99.00 + escrow for this TS. It took 11 months for closing.

Eagle Crest informed me of the extra week which I told them I didn't own and didn't want. I then paid the maintenance fee after being told this was my deeded TS. I told the Time Share Closing Inc that there was a problem at this time.

Now after 18 months of owning the TS and figuring out how to use it, it went back to the closing company. I didn't sign off on the deed to give this back. No one contacted me from the resort or closing company about this after I told them of the extra week and they made me pay the MF.

If greed is wanting to use the TS after paying the MF then that's me for sure.

As for the name calling post from tallent and icy dog , your posts were no help and show a real lack of respect.
 
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icydog

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I paid $99.00 + escrow for this TS. It took 11 months for closing.

Eagle Crest informed me of the extra week which I told them I didn't own and didn't want. I then paid the maintenance fee after being told this was my deeded TS. I told the Time Share Closing Inc that there was a problem at this time.

Now after 18 months of owning the TS and figuring out how to use it, it went back to the closing company. I didn't sign off on the deed to give this back. No one contacted me from the resort or closing company about this after I told them of the extra week and they made me pay the MF.

If greed is wanting to use the TS after paying the MF then that's me for sure.

YEP!... that's you.
 

Talent312

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As for the name calling post from talent and icy dog , your posts were no help and show a real lack of respect.

Hey, the fellow who I feel sorry for in this whole scenario is the guy who just bought "your" extra week. If you are the first person with a recorded deed from this seller and if you never quitclaimed it back to the seller, the new (second) buyer's deed is outside the chain of title. This means that, even though the resort may recognize him as the owner, his legal interest is clouded.

One day, the new buyer or his heirs may try to sell this week and if their buyer does a title search, they will find your deed and see this problem. Most likely, you or your heirs will then be asked to help fix this or joined in a suit to "quiet title." You can sit back and do nothing, if you wish, but IMHO, it be better to get this over with, sooner rather than later.
 
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JMAESD84

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I paid $99.00 + escrow for this TS. It took 11 months for closing.

Eagle Crest informed me of the extra week which I told them I didn't own and didn't want. I then paid the maintenance fee after being told this was my deeded TS. I told the Time Share Closing Inc that there was a problem at this time.

Now after 18 months of owning the TS and figuring out how to use it, it went back to the closing company. I didn't sign off on the deed to give this back. No one contacted me from the resort or closing company about this after I told them of the extra week and they made me pay the MF.

If greed is wanting to use the TS after paying the MF then that's me for sure.

As for the name calling post from tallent and icy dog , your posts were no help and show a real lack of respect.

Errors that favor the buyer happen all the time in the resale market. If brought to the sellers attention and they don't cae to correct the error and you're also happy with the result then all the better for you.

I'm not sure why this error got corrected the way that it did, without your knowledge and participation. It would make sense that TCS would want you to quit claim the deed back to them if it's being/been resold. No sense clouding the title.

Certainly, if you have paid the MF's when billed for such as the recognized owner of the timeshare at the time of billing and you are now be denied use of the same, then you certainly have a right to a refund of the MF's you paid the resort for the use being denied.
 

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The deed is recorded in Deschutes Co. Oregon in my name but had an error in the interval week number. The resort sent the deed back for correction to Time share Closing Services, Inc. and they in turn gave it back to the seller who then re-sold it with the corrected interval number. The resort acknowledges that I did own that week.

This week was mistakenly put into my name as I only bought one but ended up with two. I would think that after using it twice and having the deed in my name that it is mine.

Problem here is twofold as I see it, first off was there ever a legal transfer of the deed being it had an incorrect no. identifying a fixed week? If so the seller couldnt deed over that week as it wasnt his. My thinking is in that case you techically never had a legal deed.

My first question is why in the blue blazes did it take 18 months for the managment company to get or notice that the deed was incorrect.

My second question is how could the management co. transfer it on their books without a legal and correct deed, ergo put it in your name and assess you fees?
 

Talent312

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Problem here is twofold as I see it, first off was there ever a legal transfer of the deed being it had an incorrect no. identifying a fixed week? If so the seller couldnt deed over that week as it wasnt his. My thinking is in that case you techically never had a legal deed.

My first question is why in the blue blazes did it take 18 months for the managment company to get or notice that the deed was incorrect.

My second question is how could the management co. transfer it on their books without a legal and correct deed, ergo put it in your name and assess you fees?

Unless I am mistaken...
... 1. The "extra" week in the OP's deed did actually belong to the seller. He intended to sell it, just not jointly with the 1-week that the OP bought.
... 2. The buyer told the TS management of the error up front, but they decided initially that it was not their problem. Perhaps having notice from both parties, after some sort of prodding by the seller, they decided otherwise.
... 3. Better question: If the OP had a proper deed, how could they unilaterally return the week to the seller on their books? If I were them, even with both OP and seller agreeing there was an error, I'd still insist on seeing a quitclaim deed from the OP back to the seller.
 
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Dave H

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Ok, we all know there are certain TS closing companies that get POA's to close the transaction, could that be the case and the deed went back to the correct owner based on a POA sitting in someone files? That is the biggest reason I do not like them.

As far as paying the MF on the second week that you did not buy, you also state that you got to use the week, therefore, it looks like you got a week that was not yours, you paid the mf on the week and used it. What exactly is your loss?
 

Talent312

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Ok, we all know there are certain TS closing companies that get POA's to close the transaction. Could that be the case and the deed went back to the correct owner based on a POA sitting in someone files?

So the OP may find that a quitclaim deed was signed "for him." Usually those things are quite limited, but often they do allow for the correction of errors.
 

Mel

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You told the resort about the mistake, and the Closing company, but did you inform the seller?

Here's what I suspect happened:

Seller had 2 or more weeks for sale at same resort
You purchase 1 of those weeks
Somehow TWO deeds were recorded in your name

one of those 2 weeks was the correct week, and you are happy with it.
The other week was not supposed to be recorded in your name AND it had incorrect information

You paid maintenance fees on both weeks, since the resort considered it yours. You used the week in question.

The seller didn't even know the resort considered the week as yours, because nobody said anything to the seller. Perhaps the seller owned more than those two weeks, and didn't look at the maintenance bill carefully enough to realize it was missing. Perhaps the seller didn't do anything knowing someone else was being billed.

It took 11 months for your weeks to be recorded, so I wouldn't be surprised if it took 11 months for recording of the corrected deed - that leaves 9 month in question. Perhaps the seller finally found a buyer for this other week, and proceeded as if nothing had happened - because if the deed transferring that other week to you was incorrect, the county should never have recorded it in the first place. When the correct deed was recorded, the resort resolved the problem on their end, and listed the new owner.

How many years of maintenance did you pay?
How many weeks were you able to use?

If those numbers match, you are out nothing, and shouldn't worry about it. If you paid 2 years, and only used one, you should contact the resort and demand they refund the 2nd year of maintenance.

Do you have a copy of the deed for this second week? You might contact the county and ask them what really happened? Seems to me, in order to record that second deed, it needed to be signed by both you and the seller - did you sign two deeds? How did the resort determine that this was your week without a deed signed by you?

Does this closing company submit deeds electronically to the county - so the county never sees the actual signed document? This would explain both how the week ended up in your name, and how it was taken out of your name.

Either way, you don't legally own the week, even if the resort recognized you as the owner - they are not the ultimate authority of who own it, just the authority over who gets to use it. Contact them and the closing company about any weeks you paid fees for and didn't get to use. Either the resort should reimburse you, or the seller, if the buyer got to use those weeks.
 

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Sometimes a deed will have 2 units on it. The closing company, instead of seperting the units, made a xerox of the original deed changed the Grantor and Grantee on the copy anf fowarded it.
 

easyrider

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All is well. Eagle Crest has taken care of this to my satisfaction. Maybe they read TUG.

The week that I bought from VCI who is in the same building as Timeshare Closing Services is fine. The free week, that was a surprise and extra week that we didn't expect along with the week we purchased were both sent back for corrections in the interval number. When I tried to make a reservation with the free week this month is when we realized it was in a new ownership.

Even though I have a deed, and was the recognized owner, by telling the resort, closing company and seller about the problem, I lost ownership in the deed correction some how. If I wouldn't have told any one, I think it would still be mine. Its a karma thing for me and I had to tell.
 

Talent312

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Sometimes a deed will have 2 units on it. The closing company, instead of [separating] the units, made a xerox of the original deed changed the Grantor and Grantee on the copy anf fowarded it.

More likely, the agent handed the seller's deed (w-both units) to a secretary and said, "Here, use this."
Staff is taught that you do not alter a legal description, that it must match the old deed, word for word.
It simply never occurred to anyone to delete one of the units.
 

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Even though I have a deed, and was the recognized owner, by telling the resort, closing company and seller about the problem, I lost ownership in the deed correction some how. If I wouldn't have told any one, I think it would still be mine. Its a karma thing for me and I had to tell.

No, You are not the owner. You get the wrong deed and it's thought that you are owner, now it's corrected. Give to Ceasar what is Ceasar's !
 

Harry

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Good job Mel

Due to time restraints, I do not post much any more. But I have been following this one. Mel got it absolutely correct. Oh yea, I did get a chuckle out of the definition of adverse possession that someone mentioned and forwarded it to my son, who will be a first year law student.
 
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