Anyone know how to get rid of an inherited time share?

[icymist]

When his father died my good friend (and house-mate) inherited a time share! Talk about the children being responsible for their fathers' debt! This thing has been nothing but a big headache and financial drain. For the last ten years he's been trying to sell the Vail Run time share, but because the time he has it is off season, nobody's interested. He didn't even want the stupid thing in the first place and has told the owners this. They have no sympathy, only sending monthly bills and threats if he don't pay for the God D*mb thing. Frankly, I never knew it was legal to dump a time share on somebody in this manner. Any ideas?

[Statistical]

1. Why not sell it for $0.01?

I mean I have to think even off season someone would want it for a penny.

If not I would contact Attorney General for your State. There must be a method to rescind claim to property.
It happens all the time with real property it certainly should be possible for timeshare.

[icymist]

2. We've tried.

Nobody wants the thing.

[Cronus Protagonist]

3. Get a lawyer.

Quit paying. Pay the lawyer instead.

[DURHAM D]

4. Can't you just let it go into foreclosure?

I really don't know much about time shares but I assumed the heirs could just walk away. How long ago did his father die?

[icymist]

6. It's been about ten years. n/t

[icymist]

7. dupe

[grantcart]

5. It wasn't legal however and if they never paid a penny they wouldn't have had a case

however now that he has paid the money and assumed the debt it is an entirely different situation.

They need to contact an attorney.

[icymist]

11. When this first happened I told them it didn't sound legal.

The the time share people kept sending bills even though they were talking with them, expressing that they didn't want it and have no intention of using it. The time share people threatened to sue and my friend just paid them. It has now become a nightmare that won't go away.

[TwilightGardener]

12. Is it in his name now, instead of his father's?

[icymist]

16. I just talked to his wife.

She said the time share people just put it in her husbands' name "because he inherited it" and that he never signed any papers or documents.

[TwilightGardener]

I don't think they can do that. He'd have to consent and sign for it.

[grantcart]

22. Talk to an attorney and stop taking advice on legal issues from DU

For example I would tell the timeshare company that I would welcome a lawsuit and demand a jury trial and explain to the jury how the timeshare company has been harrassing me for 10 years.

But then again I would never listen to legal advice at DU!!

[Statistical]

20. You need a laywer.

Period.

Don't pay a single cent more and get a laywer.
Sucks that it will cost you lawyer fees but making payment changes the situation.

You need a lawyer yesterday.

[TwilightGardener]

28. I'd bet that if an attorney got involved, the time-share co. might suddenly

decide to work out something. If it's a small operation, they may not have big bucks to prove that it was legal to simply DUMP this on the son without his written consent (even though he's been paying on it--a judge might be sympathetic, if it even got that far).

[rocktivity]

33. DING DING DING! TwilightGardener, you're our grand prize winner!

I'd bet that if an attorney got involved, the time-share co. might suddenly decide to work out something...

Last Thursday night, I left a message for my mother's visiting nurse that we were going to meet with a lawyer about the delays in her getting 24-hour home aide care. As of yesterday morning, my mother is getting her 24-hour home aide care.

:headbang:
rocktivity

[TwilightGardener]

35. Yep, seems to be the magic ticket--businesses really don't like

opposing lawyers poking around in how they operate, gathering documents, etc. Glad your mom is getting her care.

[Mopar151]

8. Donate it to a charity

People do it with unwanted cars all the time. A nice tax write-off. Anyone in your area doing a charity auction?

[Statistical]

9. Most charities won't accept donated timeshares.

They have been burned with the never ending maintenance fees.
Sometimes they will but only for popular timeshares that they can then auction off.

See a car is an asset. Even a crappy car has value. $100, $200 it is worth something.

A timeshare is not an asset. It has no value. It simply is a contract in which you pay a massive amount of money for the "right" to keep paying money (maintenance fees) forever. Not a mortgage, not a debt you can pay off just an infinite expense.

It would be like a car that you have to pay Ford $100 a year forever and can never pay off. A charity wouldn't be interested in that car.

[TwilightGardener]

10. It's a continuing expense, though, if I understand time shares correctly.

Sort of like a mortgage--it's not paid off. What charity would want it?

[Statistical]

17. Even worse than a mortgage.

It NEVER gets paid off.

10 years from now, 100 years from now 100,000,000,000 years from now the maintenance fees will continue.

[jtuck004]

13. Couple of ideas...

- Put as much cash as possible in a box, preferrably non-traceable, in preparation for bankruptcy. When they demand payment, and threaten legal action, insist they follow through or bugger off. That will cost them money if they want to pursue it. The result may be a foreclosure, and then your friend might be responsible for the difference in what is owed and what the asset can be sold for. Then can file chapter 13 to rid themself of the judgement, depending on how large it is. But talk to an attorney, might be able to avoid the bankruptcy.

- Take a road trip and find a nice dog rescue in the area. See if they would be interested in taking it off of your hands for free, maybe they could use it as a premium for donors. But get an attorney

-Visit during the alloted time and bring your pet hog collection. Or wear a mask and put up signs warning of the deadly contagious virus that might exist, and visit their offices to see if any more time is available, preferrably during the peak season.

But since your friend accepted the inheritance it sounds like there isn't an easy way out. So, as someone else said, legal counsel may be important to minimize liability.

[icymist]

26. Bankruptcy is not an option.

His wife just laughed about the pet hog collection, though.

[frazzled]

14. Deed it over to whomever the other owners would really object to

The Beverly Hillbillies, a lesbian bondage couple, new immigrants from Pakistan, whatever. Then pour a cocktail and enjoy.

[icymist]

23. My house-mate said "Amusing, but not helpful."

eom

[Blue Diadem]

15. Will they accept the timeshare back?

We were able to do that with a campground timeshare roughly 10 yrs ago. Buying that was the worst mistake in our life. Original owners ran off with the money so all the people who bought in had to pay more money to complete the campground. We also had set maintenance fees, originally guaranteed to never raise for life, but that also changed as well after it was sold the the 3rd or 4th time. Our maintenance fees were doubled and when it was stated that maintenance fees would go up 10% annually, we offered to give the timeshare back to them and they accepted. It was also a timeshare that our children would have inherited and I didn't want them to have to stuck with it in case something happened to us.

If they won't accept it back then it's time to see a lawyer.

[Xolodno]

18. Couple of questions....

1. Is it paid off?

Yes? There are a few ways you should be able to dump it.

No? Your screwed dude. Soon as he started paying he became liable. But a real estate attorney is best course of action right if this is the case.

2. Assuming its paid off....what are the maintenance fees?

[fasttense]

19. You can NOT inherit debt and you don't have to pay for a time share

you inherited. I would just stop paying and let it go into foreclosure. Of course that would mean a hit on his credit rating but he would no longer have to pay for a useless item.

Before doing anything, I would check with a lawyer to make sure there isn't an easier way out.

[Statistical]

24. It isn't debt and it can't be foreclosed.

Timeshares have maintenance fees.

They never end. You can't pay them off.
Every year you simply get a bill for maintenance fees and that will continue infinitely.

Just doing nothing is bad advice.

They will keep putting it on credit report as new deliquency forever. They will also sell the debt to collection agencies and they debt will never stop accumulating. 10 years, 100 years, 1,000,000 years it won't go away.

They need a lawyer.

[Auggie]

21. Free legal advice on the radio from a lawyer:

http://www.kgoradio.com/sectional.asp?id=25969

Len Tillem specializes in trusts and estates -- the perfect person to call. Based in the S.F. Bay Area, but he gets calls from all over the country.

[Lint Head]

25. Timeshares are another "racket" the federal government needs to investigate.

There is probably organized crime money invested in taking people for a ride. It's a cash cow for any corporation.
When we take a vacation at the beach there are timeshare set ups in rented building around every corner. The sales people drive you nuts on the beach. I just tell them to take a long hike off a short pier. I just can't wrap my mind around paying for time. It's like buying air. If I pay for something it's going to be a solid object with solid value other wise I'll rent a condo for a week any time I need it. It's much less expensive than being tied down to a long term commitment.

I am sympathetic with your problem. A lawyer is the only solution other than foreclosure. Have you checked the Time Share blogs?
Other people with the similar issues are there and maybe can help. There is power in numbers.

[icymist]

29. I'll look for time share blogs.

Are there any you can recommend?

[NotThisTime]

32. www.tug2.net

It's unfortunate you ever started paying the maintenance on it :(

[icymist]

34. It's not mine.

It's one of my house-mates and he was threatened by the time share people with collections and court action. He just wanted it to go away and didn't know anything about time share, nor did I, but then I wasn't living here at that time.

[Lint Head]

40. Check this site out.

http://www.timeshareaide.com/?gclid=CKz6nPGDvKECFZVY2godPxFL_g

[Toucano]

27. Drop a "Quit Claim Deed" at the office.

http://barbaracorcoran.com/2009/05/the-today-show-how-to-dump-your-timeshare-may-11-2009/

[jdlh8894]

30. You need to talk to the executor of the estate

If this was not listed as a gift in the will,these people are just trying to contact the next of kin to get money.Get the original contract.

[icymist]

31. I just printed out and handed the wife the telephone numbers for The WA State Bar Association

Lawyer Referral Service. We shall see how this direction plays out.

[tjwash]

36. Did he actually sign anything, or have any official paperwork filed putting him on the deed?

And has he actually ran his credit report to see if the non-payment of fees is actually on there?

He would know if he owns that property and was responsible for it. When you have a deed on a property, there is a paperwork trail a mile long, and a shitload of signing that gets done. Then all that paperwork needs to be officially stamped and filed with your State or County that show you as the official owner. Even on Timeshares.

If he didn't, and there is no official paper showing either him either owning the deed, or the finance company issuing a deed of trust with his name on it, and they are just harassing him for money that his deceased relative owes...he has grounds for a pretty damn good fraud lawsuit there.

[TwilightGardener]

37. That's what I would think--something would have had to be recorded with

the county with his signature on it, somehow, for this to be in his name. If it's not in his name, or the documents weren't properly prepared or recorded to make him the owner, then something's fraudulent--and they aren't going to like hearing from his lawyer on the matter.

[revolution breeze]

39. The probate records are public

He should be able to go to the clerk of court and obtain the records necessary to show he is not responsible. Contact the attorney who handled the probate of the estate.

[revolution breeze]

38. This should have been finalized as part of his father's estate.

Your friend needs to contact the attorney who handled the probate upon his father's death as well as the administrator of his will. If this was not settled along with the rest of his estate, the attorney handling the probate may be legally liable for the fees your friend has paid over the past ten years.

[icymist]

41. All part of how I'm trying to get my house-mates to handle this....

I provided a list of bar association referral lawyers. The wife has tried calling two times (to the Kitsap County Bar Referral) and only got animated phone prompts. If nobody (a human) talks to her by 8:00 PM tomorrow, I'll have her call the King County Bar Referral Service. I don't think the lawyers at Vail Run would object.

[revolution breeze]

42. Have her go to the Clerk of Courts in Kitsap

I think it is Dave Peterson, and request the probate documents. It should be specifically spelled out. Take them to the attorney who handled the succession and ask him to explain how this was handled. If not satisfactory, contact the Bar Association.