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Time-Shares/Behind in Maintenance Fees

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Question
Due to unforeseen family issues (our daughter born four months premature) and financial pressures related to this, we are now behind on our maintenance fees for four timeshares we own.  Two are EOY, so it is really equivalent to three.   We are current on our mortgages, but cannot come up with the $18,000 to make the MF current on all four.

We are close to paying these off (mortgages have about two years remaining) and liens have already been placed.  These are Hilton and Starwood properties in Hawaii.  We would sell them immediately (was our plan, to pay down then sell) but the economic downturn has devalued properties to the point of this not being possible yet.

i am afraid they will try to foreclose before we can sell them.   They are willing to do a payment plan, but we can't afford the $1500 per month for the plan!   We have read that this can ruin our credit if they do foreclose, but we also have read that it is unlikely they will foreclose if monies are owed on the mortgage.  Is this true?  We may be able to sell them for the MF by paying them down one more year.  

Right now, we have no assets to access to pay these MF's within the 12 months they are willing to do a plan for.

I've read of deed in lieu, and know about foreclosure.  Our credit won't survive four of these, so I am wondering, short of selling them, is there anything else I can do?  We are paying almost $1200 per month in mortgages, so that's why we have nothing left for the fees, that, btw are almost triple from when we bought these in 2004.   

What is the likelihood they would accept deed in lieu?   At which point?
Is it best that we haven't paid the mortgages off yet, or would we be in better position if we had?  
Finally, what do you know about Starwood and Hilton practices in situations like ours.   Thank you for listening.

Answer
Stephanie

I will try to answer all of your questions, but if I miss something, please respond back, or feel free to call me at my office at 800-973-3316

First, they can and will foreclose for being behind on either maintenance fees or the outstanding mortgages.  Hawaii still has value, if you call me I can give you some referrals to brokers who do not have upfront fees.

I am not sure what you owe on the mortgages, but there may be some help if the resale value is more than what you owe, and it sounds like it could be close.  Typically, deed in lieu of foreclosure is only offered once foreclosure is started, either on the mortgage foreclosure or the maintenance fee foreclosure.

Give me a call, there may be some options out there for you.

Dave

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Dave Heine

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I can answer questions regarding closing of timeshares.

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I am a fully licensed closing company, licensed in 22 states and we also do closings in the Bahamas and the USVI

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Licensed Title Agent in 22 states

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