Time-Shares/Time Share Blues

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QUESTION: My wife and I had owned a time share in Orlando.  My wife became very ill and had to have a heart transplant.  She had it in 2004 tow years after the purchase of the time share.  She immediately started having rejection.  Because of the extra expenses I was unable to maintain the time share maintenance and taxes  along with many of my credit cards.  I wrote the timeshare people a letter telling them of my situation and I could not keep paying.  I also said I give up my rights of ownership and to sell it.

I'm not sure if they responded or not?  All my attention went to my wife.  Now I receive a bill for 3,100.00 for the maintenance.

What can I do?  We never used it.  If I need to pay?  Since both of our names were on it, She kept her maiden name wouldn't she be responsible for half of that?

We had also separated two years before her death on 3-4-12.  It was the dialysis that killed her.

ANSWER: Mike,

If you do not pay the bill for past due maintenance fees they will eventually foreclose on the property. It is up to you to pay the past due fees and start using the property or to not pay and let it foreclose. I would suggest contacting the resort again and see if they will forgive the bill and take back the property. In some instances they may. Chances are you took title where the ownership simply became 100% yours upon your wife's passing. Therefore her estate would not necessarily be responsible for half of it.

Let me know if you have any further questions,
John

---------- FOLLOW-UP ----------

QUESTION: OK John thanks!

I do have a follow up question.

If a  Time Share was purchased  by 2 people that were not married at the time and she signed all the papers, including the Deed with  her name before marriage then any bills would be split 50-50, right?

I'm not sure you can answer this one.  It's probably a loaded legal question?

Answer
Mike,

I just saw this follow-up. Yes, both people on the deed would be the responsibility of both parties if they are still alive. If one of the parties received 100% of the property in a divorce proceeding then they would be 100% liable, in my understanding.

John

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John Kushman

Expertise

I can answer any questions regarding the timeshare industry, developer sales, resales, vacation clubs, donation, liquidation, listing, for sale by owner, RCI, II, SFX exchange. Anything related to timeshares or campground memberships or fractional vacation real estate

Experience

I have been in the industry for 7 years. I started selling timeshare for a developer in South Dakota. I then transitioned into the escrow side of the resale market and I am currently the VP of Sales and Marketing at Resort Closings, Inc. Resort Closings Inc is the largest timeshare escrow service in North America. It provides full service timeshare transfer as well as sales.

Education/Credentials
High School Diploma. 3 years of Higher Education.

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