Does anyone have experience stopping payment on ResortCom Timeshare, specifically the Veilla Del Palmar Resort?
A reader of our site posed the following question about foreclosing on ResortCom timeshare:
My husband and I purchased a time share several years ago and are still paying on the outrageous balance plus maintenance fees.
We have recently found ourselves in a finacial hardship and can no longer make the monthly payments and/or maintenance fees.
I have contacted the TS company several times asking for ways I can relenquish the TS, each time they tell me I cannot.
I’m concerned about wage garnishments if I cannot pay them. They are quite unwilling to work with me on this. My stress level concerning this is increasing daily. Any ideas??
Florida contains one-quarter of all of the timeshares in the US. Because of the high concentration of timeshare resorts in FL, the legislature felt it necessary to pass a bill to help timeshare owners struggling with timeshare debt. In response to challenges being faced by Home Owners Associations and lenders due to a high number of owners being unable to afford their payments, the Trustee Foreclosure Bill was created. The Trustee Foreclosure Bill will reduce the time and cost for timeshare owners paying late and struggling financially because of maintenance fees. This bill was created with the aim of preventing a large amounts of timeshares from going into delinquency and going under.
The new Florida timeshare foreclosure law modification will shorten the amount of time needed to process a foreclosure from 18 months to a mere 90 days. It is hoped that this change in foreclosure time will help to quickly remove and replace owners who can no longer afford their payments. The HOAs will also now be able to react more quickly to present delinquent owners with their various options – including full foreclosures and deeds in lieu of foreclosure.
If you have exhausted all of your other options for getting rid of your timeshare including selling on the web, auctions sites like eBay and Craigslist, donation to charity, and giving it away, a timeshare foreclosure may be your only option. The time share foreclosure process is somewhat similar to a home foreclosure, in that eventually the property will eventually be returned to the lender and sold at a sheriff’s auction to the highest bidder. Being armed with information, and knowing how this process can affect you and your future purchasing/lending power is a key part of a successful foreclosure. This post will help to prepare you for what may lie ahead, and provide information regarding credit score changes you may experience as a result of a timeshare foreclosure.
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Whether you are facing timeshare foreclosure, or are looking for a way to get rid of an unwanted time share, a deed in-lieu of foreclosure can be a great option to get rid of your timeshare obligation. It is important to note that a deed in lieu of can usually only be (easily) obtained by an owner that has already paid off the principal balance of the property, whose only remaining financial obligations are yearly/monthly maintenance fees. If you still owe money on the property, in addition to maintenance fees, you will want to discuss a deed in lieu of foreclosure with your lender – their willingness to allow you to sign the deed instead of foreclosing depends on a variety of factors including the amount owed, frequency of delinquent payments, your personal situation and resort desirability. If the deed in lieu of foreclosure is accepted and executed in this case, the former owner may be responsible for any applicable legal fees and/or amount owed different than what the property was resold for; although I have found that many timeshare resort property owners do not take this extra legal step, as it involves a series of court orders and legal fees for their company.
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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.
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