About Andreas Rossler Expertise I'm able to answer general questions on timeshares and specifically in regard to purchasing, renting or exchanging timeshares on the secondary or resale market and through the Internet. I have expert knowledge in sales, mechanics (how and why timeshares work), and timeshare exchanges.
I am also well versed in timeshare financing and may be able to guide you to better financing or refinancing options for your timeshare purchase.
If you ask questions of a legal nature, or those requiring tax advice - I may not be able to answer fully.
Experience I have 10 years of industry experience in sales, management and processing. I'm currently CEO of Timeshare Village, a resource for timeshare owners and industry professionals.
Organizations Mensa - Life Member
Publications I have been interviewed by Channel 7 News in the Bay Area of California regarding my opinions on Worldmark, the Club timeshares as developed by Trendwest-Wyndham Resorts.
Education/Credentials MBA - Master's in Business Administration
BS - Mathematics
BA - Economics
California Real Estate Broker
Question Hello,
My wife and I are in default on a timeshare week with the Wyndham Palms Resort in Kissimmee Fla. An individual who said he was a apart of their "pre legal staff on the recovery team presents foreclosures" represented a demand for over $2100. Also that we had until 12-22 to come up with 633.95 as paper trial good faith. According to him it will be turned over to a collection agency for demand in full of $12,000 who by law can get 40% of the principal with no negotiation. He further stated it would then be returned to the Palms which would foreclose and force us to come to Florida for court appearances and if un represented by counsel it would be better if we had not come. He stated that if it goes into full foreclosure they can put a lien on our personal residences mortgage property tax. That was never represented to us nor do I see any language in any of the purchase documents including the special warranty deed. We have been a serious financial hardship for over a year now and have been unable to make these monthly payments. We were taking in by representations made by an agent of the Tempus Palms Resort about not having to pay maintainance and taxes. What can we expect? What can we do? Please help.
Thanks
Answer Hello,
Let me give you some suggestions. Now, I am not a lawyer, so this is just my opinion - I would advise you to seek legal councel. First, don't give them a dime. Next time you speak to this gentleman (and if you call and they say that the conversation is being recorded - try and record it yourself). I am not a legal expert - but it sounds like this "collector" is breaking the law. There are only so many things a collector can say to you and one of them is that he cannot lie.
The loan on the timeshare is secured by the timeshare itself. They cannot put a lien on your house (lie #1). The collection agency cannot, as a matter of law, take 40% without negotiation (lie #2).
I am going to give you a list of things you should do. Before doing any of these things, see if you can't get a hold of this guy in their "pre-legal department". If you could record the conversation (you can only do that if they are informing you when you call that the conversation may be recorded) that would be best. At the very least, note the time of the call, how long it lasted, who you spoke with and what was said.
After the conversation is over (hopefully he makes the same threats) then explain to him what you plan to do to protect yourself. I am going to provide a list of actions - begin to take them. Pick and choose, not each action is appropriate.
Before I give you the list - here is generally what happens in your case. You are delinquent on the loan, so they foreclose on the timeshare, it goes on your credit report - that's that - end of that issue. If you are behind in maintenance fees, they could give it to a collection agency - repudiate the debt - it will be a bit of a pain, but it will go away as well.
Here is the list: (by the way, another expert here is Robert Paisola - in the timeshare category - I would contact him as well). You see, if they are braking the law in trying to collect - not only will you not have to pay them, but you may be able to get damages and they will be paying you).
1. The Attorney General. You should file a complaint with the Attorney General where the company is headquartered, the state where you purchased, and your home state. Here is a good site where you can link to Attorney General complaint forms online: http://www.fair-debt-collection.com/ag-complaint-forms.html
2. See if the company is listed with the Better Business Bureau; file a complaint with the BBB. Here is their online complaint form: http://www.bbb.org/complaint.asp
3. A good site is the Rip-off Report. Be careful when writing up a report on that site – state the truth and nothing but the truth. This site is caught by search engines, so be sure to use the company name. Here is their site: http://ripoffreport.com/
4. Complaints.com is similar to Rip-off Report. Here is their website: http://www.complaints.com/ (#3 and #4 have a simple purpose, to get the company’s name to show up on search engines. This is the worst possible publicity and can cause the loss of an untold amount of business).
5. The FTC (Federal Trade Commission). They are very much interested in hearing about shady timeshare developers or rip-offs. The reason being that most timeshares solicit individuals via the telephone. Here is their online complaint form: https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01
6. For reference purposes, you may want to check out the National Association for Members - http://www.natlassoc.org/ - lots of good stuff.
7. If a lawyer or other professional (CPA) was involved in the transfer or escrow process, you may be able to file a complaint with the state bar or other professional organization they belong to – depending on the nature of your situation.
8. Report the company to the state agency that regulates real estate. It is best to do a Yahoo search like this: “Florida Department of Real Estate”. You could however start here and drill down to the right website: http://www.usa.gov/Agencies/State_and_Territories.shtml
9. If your situation involved a credit card purchase and you’re not getting your refund, definitely call the credit card company and find out their policy on filing a complaint.
10. File complaints with State, County and City Consumer Protection Offices. Here you’ll find a list of all of them: http://consumeraction.gov/state.shtml
11. File a complaint with the National Consumer’s League Fraud Center. Here’s the web site: http://www.fraud.org/
12. File a Complaint with the National Association of Consumer Advocates. Here is their website: http://www.naca.net/
13. Small Claims Court. What’s good about small claims is that it is easy and can cause huge head aches for the company.
