What Happens if I Stop Paying My Timeshare?
This question comes up a lot on timeshare forums and blogs, and it can be complicated depending on the exact procedures outlined in your particular contract. There are a few main points that stay the same regardless of whether you have a deeded timeshare or right-to-use, and whether or not you have paid off the entire amount of the timeshare. The following is a description of the steps that will take place if you decide to throw in the towel and allow your timeshare to go into default, leading to timeshare foreclosure.
Timeshare is treated equal to real estate in the eyes of the law, and it follows the same rules and regulations as a homeowners deed. 
Your timeshare can foreclose in the same way as your home if you stop making payments - and this does not just mean payments on the principal balance, it also includes yearly maintenance fees. After your first missed payment, whether it be a monthly payment on the principal balance or your maintenance fees, you will start receiving calls from your timeshare resort’s collection company attempting to collect a payment. You will also receive information by mail detailing the amount due, including any applicable late fees, and their intentions on reporting your delinquency to the IRS.
If your timeshare does go all the way through the foreclosure proceedings you will be notified by mail that your deeded timeshare will be part of a trustee’s sale or public auction. At the given date, time and place your timeshare will be sold at a sheriff’s auction to the highest bidder. The auction is public record and this transaction will be recorded and reported to the IRS and credit bureaus, effectively ruining your credit for the next 7 years. This strike on your credit score can make it difficult to finance a car, obtain a loan or even buy a home. Since timeshares rarely sell at auction for the amount owed on the deed, the timeshare resort company has the option to take legal action and sue you for the remaining balance owed.
Timeshares can be hard to wiggle out of, but most anything is better than letting the property foreclose and take a major hit on your credit score - especially if you are anticipating a major purchase in the near future. Timeshare foreclosure should be your last resort if there is absolutely no way you can make the monthly or yearly payments. It is wise to contact your timeshare resort if you are having financial difficulties and anticipate missing a payment, some properties will even offer to take your timeshare back under some circumstances. You will also want to check out possibly donating your timeshare if the principal amount is paid off in full - this is not an option if you still owe money on a loan.
April 8th, 2008 at 9:25 am
Is it any easier to terminate if the balance is paid in full? I bought a timeshare at Virginia Beach, VA in 1995, paid it off completely, but have never used it. I offered to give it back for free because I don’t want to pay maintenance fees for something I don’t use. When I called the resort they said they couldn’t take it and I have to keep paying the fees.
April 8th, 2008 at 3:19 pm
Hi Gary,
If your timeshare is paid off in full you can often give it to charity even if the resort will not take it back. Another option would be to “sell” the timeshare for an extremely low cost, even free, letting the buyer know that all they will be responsible for is paying the maintenance fees. I would suggest putting an ad up for the timeshare on your local Craigslist, eBay or in your local paper. Best of luck!
Useful links:
Charities that accept timeshare
Alternative Timeshare Sales Options
Selling a Timeshare
April 14th, 2008 at 7:33 am
My father is retired and my mother died. He cannot use the timeshare anyomore and the company keeps charging additional maintenance fees ( last year it was 2000.00 for one week) He had not paid the fees the last couple years hopin ghthey will take it back because they won’t take it back the other way. He has not paid it and wants to give it back but they say they can’t take it. He added my name on it for survivorship, but I don’t want it either and I don’t want to be stuck with his problem. Is there anything we can do. We want to give it back and save them collection costs but they don’t want it back.
April 16th, 2008 at 10:37 am
Hi Sharon,
Unfortunately I do not have any other advice for you than what I have mentioned to Gary above. You may want to try giving the timeshare away to someone else via taking out an ad on Craigslist or eBay. Also do some research on donating the timeshare to charity - there is a link in my reply to Gary on how to do this. I suppose the last and final resort would be to actually go ahead and foreclose on the property, which may actually not be that bad for your father if he has his house, car, etc. paid off; i.e. he may be in a position where it would be ok to take a hit on his credit. Let us know what you decide and if you need any help. Best regards.
April 17th, 2008 at 10:47 am
Thanks, he does not have a house anymore. He moved in senior housing and needs all his money for his rent now. (Social Security and pension are not enough) The timeshare was taken over a few years ago and the “new” people keep adding extra administrative costs so that it costs about $2000.00 a wk for maintenance fees. NO one will buy a deal like that because I have relatives that aren’t far from where it is and they tell me the new people are letting the place get trashed and cut back on all their services. NO one would want to buy it now with the new owners. I worry because before my mother died, she and my dad put my name on the deed for survivorship rights, but I don’t want it at all.
April 17th, 2008 at 9:26 pm
I know it may be hard to hear, but if you do not have any luck giving the timeshare away either to charity or otherwise, I would just let your dad foreclose on the property. The only thing a foreclosure is going to do is make it hard for him to take out a loan or purchase big ticket items, they are not going to seize any of his assets of deduct any money from his social security/pensions for the foreclosure. Again, I know it is not a pleasant solution, but I strongly urge you to think about it. Where is the property located?
April 18th, 2008 at 5:30 am
Florida, around Clearwater. He can’t fly anymore and has one of those scooter things to get around in. It is a shame they will spend the money to forclose when they can just have it without spending that money. No wonder they are in trouble.
May 3rd, 2008 at 2:46 pm
I am trying to ask the timeshare lawyers to do a deed in lieu of instead of a foreclosure. what are the chances of them doing that? they cannot go after my home, right? how will they collect any legal fees owed to them? by calling me continuosly?
May 3rd, 2008 at 4:42 pm
Racheal,
I would say the chances of having a deed in lieu of foreclosure prepared for your timeshare really depends on where the resort is and whether or not you have paid off the entire principal balance of the timeshare. If you are not behind on payments, have paid the principal balance and have a desirable timeshare - whether it be a good location or excellent points program - then your chances are good that an agreement can be met with a deed in lieu of. If the former are not true, and you already have some delinquency recorded, it is not likely that your lender will allow you to stop payments with a deed in lieu of foreclosure.
The best thing you can do, if you are current with payments and have paid the balance in full is to stop paying your maintenance fee and wait until your Owners Association (or HOA) turns your account over to a third party collection firm. After the collection firm has used up all their typical methods (like threatening letters and phone calls), they will usually advise you that your home resort will accept a deed-in-lieu of foreclosure.
If you are successful in reaching an agreement with the lawyers, developers and any other party involved with your timeshare, you will need to make sure you get it in writing that this will not be recorded and reported to credit agencies in order to save your credit score. If the deed gets recorded inaccurately it will look like you were delinquent with payments and can sometimes look worse than actually foreclosing.
As for the lender being able to go after your home, or any other personal property in order to collect payment for a timeshare foreclosure, this will only happen if you have a lien on the timeshare.
A deed in lieu of foreclosure is a great way to remove yourself of all ties with the timeshare you no longer with to own. Please let us know how the process works out for you!
May 12th, 2008 at 12:27 pm
Hi,
I want to know one information. I am owning a timeshare with west gate resorts and spa in Orlando. I still owe some 18k to them. And I paid them 3K till today. I want to know if I stop paying the remaining amount then you said the developer will do some kind of foreclosure. So what do you mean by that. Will the developer take some kind of police action or do I need to go to any kind of court about the legal proceedings. Please let me know.