Time-Shares/Timeshare Deed for Wrong Unit
My husband died over ten years ago. I looked into probating a Wyoming timeshareI had believed he owned, and was treated as the owner of for years by the timeshare management company. (My husband never resided in Wyoming, nor did I). I did not go through with Wyoming probate for the unit. though, after learning that he actually had a warranty deed in a file for a different unit (and apparently not for the one he thought he owned). I had someone check the records in Wyoming and neither the unit my husband thought he owned nor the one he had the deed for was recorded in Wyoming.
I learned from my husband's friend, who also had a timeshare at the same development, that they had requested that their units be changed to different units (for a different timeshare week) after purchase and, in my husband's case at least, before paying off the units they had originally purchased in the early 1980s. A finance company or its agent prepared the warranty deed, and I am presuming the finance company was never informed of any switch, at least in my husband's case. Although my husband's friend has a timeshare purchase agreement amendment documenting his unit switch, I have not located such an amendment document re: my husband's timeshare.
Given the legal complexity and expected costs, related to the uncertainty as to whether my husband actually owned the unit he thought he did, I did not pursue probate for either unit. Also, it appears the timeshare company now is pursuing foreclosure on the unit they had my husband listed as the owner of. The timeshare management company stopped sending maintenance bills a number of years ago after I told someone that my husband was deceased. I had notified the company, or an earlier management company, of this before, and had paid maintenance for a while, but telling someone else resulted in an end to the billing.
I don't want either timeshare unit, and think I should let them go through foreclosure on the unit my husband was listed as owner of, but should I do anything with the warranty deed? I was told years ago that someone else was listed as the owner of the unit for which my husband had the warranty deed, but as mentioned before this person apparently did not record his or her deed.
My personal opinion is let the foreclosure go through. As part of the process they have done the research on what he owned or swapped to. The foreclosure would only be against him and typically they are only looking to recover the timeshare and not any money.
As to the deed that you have that is wrong, I am guessing you are correct, the finance company did not know there was a swap out of the unit, happened a lot back in the old days.
As you said, you don't want the timeshare, so this will make that happen. Hope this helps you.