probably a ton of duplicates/repeats in the thread as its so unbelievably popular and active!I think I asked that question about fifty pages back
doubt thatll get better either as we eek closer to 12/31!
probably a ton of duplicates/repeats in the thread as its so unbelievably popular and active!I think I asked that question about fifty pages back
I know that with Marriott resorts, many of the HOAs signed buyback agreements with Marriott. When a week was foreclosed, Marriott would take it back from the HOA. In many of those agreements, the only cost to Marriott was to cover the past due and perhaps the legal fees. It allowed them to aquire deeds to fee the points trust.these intervals have been excluded from certified exit for as long as i can recall, id imagine they own most of them via owners simply defaulting...id really need to know the innerworkings of how defaults work there as you would imagine those intervals would be deeded back to the association itself (not wyndham)...but who knows what sort of legal language was written decades ago or worse, has been attempted to be modified covenant/bylaw wise over the years. especially across multiple resorts in multiple states!
I know of some systems that refuse to take action on defaults to avoid having to deal with the deed transfer back to the resort/association/developer/whomever and as such now be on the hook for annual dues, perhaps thats the case here but its reached critical mass? either way, it would seem that wyndham is going to exercise whatever legal loopholes or such exist to avoid being the ones left holding the bag when this all plays out (or at least as little of the bag as possible).
It is possible for the HOA to obtain financing during or prior to bankruptcy filing. How many large companies secure more financing right before they file Chapter 11. Lots. So they could use those loans to fund the costs to keep things going through the process.thats nice of them to not charge maintenance fees for 2026! wish other resorts would make that announcement if their situatoins are the same.
whos going to pay the costs that still apply even though the resort is not in operation? insurance, utilities, etc? reserves legally cant be used to pay those things (at least not in florida)
We are not taking the CWA offer since we already have a transfer in process from another resort for the same amount of points and lower MF.
it may simply be a matter of them doing it and hoping an owner wont complain or dispute etc. might be one of those things where it doesnt really accomplish anything positive for either side to make a stink about.It is possible for the HOA to obtain financing during or prior to bankruptcy filing. How many large companies secure more financing right before they file Chapter 11. Lots. So they could use those loans to fund the costs to keep things going through the process.
Is it also possible that a bankruptcy judge could approve the moving of funds from reserves to operating?
I wonder if Wyndham would be there to happily loan the HOA money to cover operating costs? Perhaps at a high interest rate? I suspect any such loans would have to be approved by the bankruptcy court. I would hope that most properties don't have other outstanding debts except perhaps some unpaid invoices.it may simply be a matter of them doing it and hoping an owner wont complain or dispute etc. might be one of those things where it doesnt really accomplish anything positive for either side to make a stink about.
I as an owner in this situation wouldnt file a complaint about the association using all available funds to pay the bills in THIS situation...especially when the alternative would be for the resort to require the owners to pay maintenance fees instead!
this is all just hypothetical anyway without knowing different laws in different states...perhaps there is some sort of emergency clause or similar that allows for a resort to BORROW from the reserve fund in this case etc...and after the sale is completed it wouldnt really matter. its all the same money, just treated differently in some accountants books somewhere!
I am posting from the future, again. It will not make total sense to everyone until after 12/31/2025.one right above it, not sure why it didnt cite the poster
Right, I meant this.Bankruptcy court judges have to approve everything and probably are very capable of finding abuse of process where it exists.
What evidence is there that "Wyndham was excluding these properties from CE" over the past 10 years?if Wyndham was excluding these properties from CE
You’re correct that Fairfield was the origin of the whole current system. Fairfield was bought by Cendant, then a few years later Cendant also bought the Wyndham hotel brand and slapped the Wyndham name on the timeshares. When Cendant broke up/spun off multiple companies soon afterward, Wyndham Worldwide emerged which was the timeshare and hotel products.I think it is a little different, isn't it? Didn't Club Wyndham become Club Wyndham because they acquired Fairfield. Fairfield was the system prior to Club Wyndham. Fairfield resorts were all they had at one time. Then Wyndham began developing their own properties in the system.
With HICV, they were already a system that existed. They just acquired another timeshare system. Kind of like how Hilton Grand Vacations acquired Bluegreen and Diamond Resorts.
This assertion is incorrect. If the contracts in scope are resale, the granted CWA points will be resale. Wyndham isn't going to gift resale owners retail points during this swap. Not sure why anyone would think otherwise honestly.There are several things that are worth considering for you and others who will be making the choice. The CWA points Wyndham is offering would be developer points. I don't see how they wouldn't be. Well actually I do see how it could be done but I'm not giving Wyndham any ideas, lol. It's more that I don't see why they wouldn't be developer points because then Wyndham sales can talk up the benefits of buying more developer points to reach a VIP level.
That, I expect will come out of the reserves.thats nice of them to not charge maintenance fees for 2026! wish other resorts would make that announcement if their situatoins are the same.
whos going to pay the costs that still apply even though the resort is not in operation? insurance, utilities, etc? reserves legally cant be used to pay those things (at least not in florida)
What evidence is there that "Wyndham was excluding these properties from CE" over the past 10 years?
There is counter evidence that these resorts would have been buried under bad debt had Wyndham not been accepting these deeds through Certified Exit and paying the maintenance fees over the past 10 years.
The OIRC HOA provided that information in the form of a limited budget, vs a full budget if the resort stays open.would be curious to see what the 2026 budget looks like with the resort not being in operation.
You’re correct that Fairfield was the origin of the whole current system. Fairfield was bought by Cendant, then a few years later Cendant also bought the Wyndham hotel brand and slapped the Wyndham name on the timeshares. When Cendant broke up/spun off multiple companies soon afterward, Wyndham Worldwide emerged which was the timeshare and hotel products.
That is not actually correct. while the list of resorts that Wyndham was taking back changed constantly, they rarely, if ever, told anyone (at least as reported) that the reason for not taking back was because the deed was for unconverted weeks. It was always because the specific resort was not currently on the list. Further we have had a lot of reports of the closing resorts being DROPPED from the list recently. Maybe you should pay attention to the facts.Plenty of evidence if you have been paying attention. People post here and on facebook all the time about this, and almost exclusively people with weeks never get their week taken back through CE. Or in that case, ANY of these deeded properties. They were all on the "no way" list for CE.
Unless... magic, within the last month, they try to CE one of these affected properties, Wyndham now wants them. Funny how that happens.
Are there really actual fact or just second hand reports of what may or may not have actually happened? Did Wyndham publish a defined list of what they accepted back via CE and what they didn't?That is not actually correct. while the list of resorts that Wyndham was taking back changed constantly, they rarely, if ever, told anyone (at least as reported) that the reason for not taking back was because the deed was for unconverted weeks. It was always because the specific resort was not currently on the list. Further we have had a lot of reports of the closing resorts being DROPPED from the list recently. Maybe you should pay attention to the facts.
That is not actually correct. while the list of resorts that Wyndham was taking back changed constantly, they rarely, if ever, told anyone (at least as reported) that the reason for not taking back was because the deed was for unconverted weeks. It was always because the specific resort was not currently on the list. Further we have had a lot of reports of the closing resorts being DROPPED from the list recently. Maybe you should pay attention to the facts.
How, then, did Wyndham come to own an overwhelming controlling interest at these resorts?You will not find ANYONE who got Wyndham to take these resorts through CE because they didn't want them. Period. There's been a lot of posts on Facebook saying WYN wouldn't take them back. So the evidence is on my side.
How, then, did Wyndham come to own an overwhelming controlling interest at these resorts?
But the question remains. The HOA is the one foreclosing. The weeks go back to the HOA, not Wyndham. How did Wyndham come upon so many weeks? Did Wyndham have a buyback agreement in place with all the HOAs to buyback foreclosed deeds and put them on their books? I doubt many of these deeds had Wyndham held mortgages against them.Foreclosures
I don't believe so, and would not expect one---it limits their ability to make it a moving target without risking additional owner ire.Did Wyndham publish a defined list of what they accepted back via CE and what they didn't?
I gave back a Pagosa contract in 2019 and Flagstaff (which isn't on the current list but is undeniably a former legacy Fairfield property) in 2023.Add to this list ALL of the former legacy Fairfield properties, Pagosa, Edisto, Shawnee.
Wyndham hasn't wanted any of these properties back since they first started Ovations/CE.
There's one owner on Facebook who called Certified Exit very soon after the news dropped and had his Bentley Brook and CWA contracts accepted.Further we have had a lot of reports of the closing resorts being DROPPED from the list recently. Maybe you should pay attention to the facts.
I wouldn't be surprised - I think I've seen an HOA board member mention this somewhere before. Most of these resort HOAs aren't in the business of selling (or even renting) stray contracts separately from Wyndham's sales operations. They have agreements with Wyndham for lots of things, and taking over foreclosed contracts is probably one of them.But the question remains. The HOA is the one foreclosing. The weeks go back to the HOA, not Wyndham. How did Wyndham come upon so many weeks? Did Wyndham have a buyback agreement in place with all the HOAs to buyback foreclosed deeds and put them on their books? I doubt many of these deeds had Wyndham held mortgages against them.
Wyndham has had an agreement for at least the last eight years with the Pagosa HOAs to pay up to $2,000 in foreclosure costs and take back deeds at Wyndham Pagosa. That and Certified Exit (why pay up to $2,000 and go through foreclosure versus having the owner sign it over for free?) is why the bad debt is only about 5%.Add to this list ALL of the former legacy Fairfield properties, Pagosa, Edisto, Shawnee.
Wyndham hasn't wanted any of these properties back since they first started Ovations/CE.