What Happens if I Stop Paying My Timeshare?


Timeshare foreclosure and your credit scoreThis 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.

The harassing telephone calls and letters will continue if you choose to not pay the balance due on your timeshare, and after anywhere from 6-24 months (this is dependent on the procedure of your resort company) your timeshare company will begin foreclosure proceedings on your timeshare. Timeshare companies will try to avoid this at all costs because a foreclosure means they have to take the property back and pay legal fees for the proper paperwork to be processed. I have heard instances of resorts offering to lower the amount due on the principal, changing contacts to make maintenance fees due only every 2 years, adding extra perks into your vacation package such as extended stays, rental cars, airfare, and sometimes even offering to forgive the amount owed if the two parties can reach a suitable agreement for payments to continue.

What happens if I stop paying for timesharesIf 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 the transaction can 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.  Read more on timeshare foreclosure and credit scores in the post – Timeshare Foreclosures and Your Credit Score

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; some resorts will also offer a Deed in Lieu of Foreclosure. 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.

Helpful Timeshare Foreclosure Links:

Deed in Lieu of Foreclosure for Timeshare –  http://rcivip.com/deed-in-lieu-of-foreclosure-for-timeshare/

Timeshare Foreclosure and Your Credit Score – http://rcivip.com/timeshare-foreclosures-and-your-credit-score/

Alternative Timeshare Sales Options – http://rcivip.com/alternative-timeshare-sales-options/

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2,119 Comments

  1. You need to find out what your state’s laws are. Here in NC, where I live, NO ONE except a government agency can attach our assets or garnish our wages…..period. That will be where you need to investigate. Keep all of us posted.

    1. Where exactly do I look? I have tried to do some research- but get conflicting answers. Does it matter that the foreclosed on property is in another county(same state)? Not sure whether to look at state statues, real estate laws, banking laws, law forums etc. Thanks for any help I really appreciate it.

  2. Am being foreclosed on in Florida. Can’t pay anything. I have other property. Can they take it as well? They say they can put a lien on my assets. I just got served but have only 20 days to respond.

    1. you need to take a step back and think about this.

      when they foreclose, they are required by law to have you served with the foreclosure notice, which always says they can come after you for whatever else is owed.

      But remember that takes a separate court action in which they need to prove that you owe them something. I don’t know the Florida laws, but first, they have to decide to spend money suing you, then they have to prove that you owe them something, then your state has to allow them to attach something, which it may not.

      Now, even worse is if you keep the TS and pay on it, since you would still pay probably more than you would pay even if they sued you and got a lien. The worst that could happen is actually better than you have today.

      1. We(my husband and I) were each sent by mail a “Complaint for mortgage foreclosure” with a case number and 14 other defendants names listed. I did verify that it is officially filed in the county court records. It then lists each defendants name and amount owed. It is then signed by an attorney. The summons states that “a lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached complaint with the clerk of court. A phone call will not protect you. If you do not file your response on time, you may lose the case, and your wages, money and property may thereafter be taken without further warning from the court. There are other legal requirements/ You may want to call an attorney right away.

  3. Is it legal for my time share to not give me the information on my 2010 week or keep it from me if I have no yet paid my 2011 week? How do they have thte right to keep something I already paid for?

  4. Hi Susan- Did you had to ask for the DIL From Wyndham? or did you just waited? until they send you one?

    1. How did you get out of Wyndham ? I have been trying for about 3 months and no luck I have not paid them anything but I have not got anything either.

    2. Hi David- Sorry for taking so long to respond. I just waited & they sent it to me. I stopped payment in Sept. & they sent it in Feb. Good luck!

      1. Hi Susan- was yours deeded with a title because i don’t understand why its taking so long for them to send me the DIL , i was thinking its because my has a deed? I wish i did not got the deed.

  5. update on my Feb 16th posted status:
    my last payment on my timeshare with Holiday Inn Club resorts at Orange Lake FL was in January 2011. i also have not paid my maintenance fees and taxes for 2011. my original loan amount was 18k and apparently after paying for a year and a half i owe 19k. lol. i get a call usually once a day, sometimes less than that, but it is a company cell phone so i usually answer and then hang up on them, or listen for a bit first. doesn’t bother me too bad. all this time i have requested a deed in lieu but “that is not something we offer, we do not do deed in lieu’s you will need to pay” well imagine my surprise when a lady named Ximena from Orange Lake property offered that to me yesterday! she wanted me to send $600 for something like the maintenance or taxes (original maint and taxes was over 700, and with fees is now over 1300). i tried negotiating that down to $300 but she wouldn’t budge on that. She wanted me to send the $ and then they would send me the FedEx packet of stuff to sign and have notarized. i told her in no way would i pay anything without something in writing as to the agreement. she gave me the crap about the calls are recorded, and she represents the business and blah blah, but finally agreed to email me the discussion details. i am sure it would not be hard for them to “lose the recording” if i asked for it. anyway, i still have not received her email, but now that i know the deed in lieu is an option, i can now just move forward with the negotiations on the $ amount needed to acquire it! this site helped me out sooooo much! i am glad i found it earlier this year! i was starting to get worried !

    1. we had a marriott that went through a similar process.
      in their initial letter, they said that we had to pay the maintenance fee, but then we got the deed to sign, and it did not require that the maintenance fee be paid.

      They want to cancel the contract and you will get the deed in lieu without having to pay the MF. There other option is to foreclose, which costs them legal fees, and they still don’t get anything, including the MF.

    2. We got a DIL from Wyndham after about 4 months. We had to pay nothing up front. Be Careful! In fact they paid us $125 or $175- I can’t remimber which. Good luck!

    3. What has happened since July? We have a TS with Holiday Inn Club, which they bought us out from Burroghs & Chapin From Myrtle Beach, NC
      everything changed, can’t get a payment history,maintenance immediately increased, let me know what happened, I want out!!!

  6. oky the same thing happened to me and my man. we went to va beach and got sucked into timeshare, at the time it sounded like a good deal, untile we got home and started reading though the pappers. if you look though all your pappers you will see thay give you 7 days to cancel the agrement. so i called and did just that thay try to talk you out of it. but all you do is tell them you have read all the pappers and you have the right to cancel within the 7 days. and thats what thay did so i mailed all the pappers back to them and that was the end of it. so i would say to people that are thinking about timeshare DONT DO IT.

  7. Has anybody actually stopped and asked themselves, why am i worrying about STOPPING PAYING on 20,000 14% APY loan on something that I might be using 10 years from, on something THAT HAS A MARKET VALUE of $0 TODAY… plus I HAVE TO PAY $1500/y MAINTENANCE FEE ON THIS SOMETHING.

    “I GOT BRIDGE TO SELL YOU”…..

  8. Has anyone heard of this company or know anything about them?

    http://www.professionaltimeshareservices.com/

    Like most of us I can not afford to NOT pay and ruin our good credit. I told my husband we had 3 options.

    1. Pay off the Timeshare and give it to a charity and use it as a lessened learned. Reason why is that we bought it for 12K 2 min later when we realized it was a scam we were already screwed. The interest rate is so high (even though they told us we can refinance another lie)for every payment we make we get about the same tacked on as interest. At least our credit cards will have a MUCH MUCH less interest rate.

    2. Don’t pay and deal with what comes at us.

    I don’t know how these people sleep at night…its beyond me….if ANYONE finds an attorney let me know I am still looking! how all this is legal is also beyond me…

    Good luck to us all.

    OH the time share place is Inn Season Resorts

    1. You’re missing a key point. You most likely will not find a charity willing to accept it. Then you will have thrown away the money, and still be stuck with the payments, collections, credit issues, etc.

        1. Oh – I did not see the link to the timeshare reseller company. Anyone who claims they will help you donate or resell your timeshare is a criminal. Nobody wants to help you for nothing. You were scammed, and con artists figure once a mark, always a mark. The only people who will tell you the truth is others who have also been victimized, like all of us here.

          You have one option: WALK AWAY!!! It is not pretty, not clean, but it is the only one which will free you of the predicament you now find yourself in. Sorry.

          1. They are not a resale company. They help neg out of your contract…look at their site…I dont know anything about them so just curious if anyone has talked to them ever.

            THERE SITE SAYS:

            We are a consumer activist group that helps timeshare owners who have been victims of fraud and misrepresentation break their timeshare contract without the need of an expensive attorney. The first step to getting out of your timeshare is to get your questions answered. Take advantage of our free service so you can make an educated decision about what to do with your timeshare property.

            Cant hurt to talk to them but I also know that I wont pay anyone upfront anything….just like my boss does not pay me upfront for work I have not done I wont pay anyone else.

          2. we have all seen these scams to get us to pay someone to get us out of our timeshare. That is a joke.

            If you want to get out of your timeshare, then stop paying

            If you want to get someone else to take it, then sell it on ebay giving free transfer and the next weeks use free — that is cheaper than paying one of these clowns and geting nothing.

            Just try to collect on their 100% refund. If they were legitimate, they would not ask for a fee until they are ready to transfer title or have transferred title.

    2. you cant give it to a charity i tried. for 3500 you can give it to them and then you have to pay the closing cost and all the other rip of fees that come along with it. We stopped paying our maintenance fees in Feb, and the calls are rolling in now from the creditors, I’m not paying another dime for this crap.Ill let you all no how it turns out for us.

      1. I am sorry to hear that but happy you are saving your money….We are SO close to buying a home I would hate for this to hurt us…Is there anyone out here who has stopped paying and can tell me how this has turned up on their credit report and if anyone gives slack for it? We are going to talk to a financial adviser and attorney…to advice…if we get anything of value other then stop paying I will post on here…We have until before Aug before the next payment is debited out of our account…

        Thank you for your honestly and everyone’s exp keep them coming…it will help save on the effort. So if they foreclose on us its gone gone forever right? Other then the 7 yr sting on our credit report…but heck 7 yrs goes by fast…ugh…

        1. Unfortunately if the collection agency reports it, then it does show up on your credit report. I saw it on mine.

          Of course since it is based upon fraud and extortion, one could sue them for defamation of character. I didn’t bother – I just let them play their game. Refinanced anyway – it didn’t make much of a dent if any in the actual score. But I only owed maintenance fees. They see its not a credit card or bank, and therefore don’t assign much weight to that particular debt.

          I dealt with a lowlife named P.G. at SPM Resorts and his mafia henchman at Meridian Financial collection agency whose alias is “Bob”. By the way, several former executives of SPM resorts are all in jail now. Maybe the other scum are too by now, god willing.

          Its funny that “legitimate” companies like Wyndham hide behind these fronts. The public needs to know that these hotel companies have subsidiary businesses which are guilty of fraud, extortion, and racketeering. They seem to play a shell game where everyone blames the other arm for the fraud and extortion.

        2. you should get one of the free credit reports online so you can see what is reported. There is a very good chance that the timeshare payment is not even listed.

          if you stop making mortgage payments, within 90 days, they will probably report you. If you stop on maintenance fee payments, nothing will be reported for maybe 2-3 years and then it will be collection activity by a collections company that most banks ignore if you have bank loans and credit card accounts.

          If you are close to buying, you should just buy and then you can stop making payments.
          IMHO

          1. So is there a difference on how bad this will be if we still own on the time share or not?

            I am thinking the same…buy then stop paying…We have excellent credit…thats my problem.

          2. My TS company reports only on loan/mortgage and only on 1 credit agency of 3 (experian).
            I stopped all payments about 5 month ago.
            My credit has dropped in first 2 month from 735 to 620 (its 635 now).
            Having this being reported on just 1 of 3 credit agencies is good. as mortgage companies for example look at middle score, as long as 2 others are fine, you’re good.
            If you’re concerned with credit, get monthly monitoring service, that allows you to see alerts on changes and lets you run 1+ reports a month, i use amex Credit secure its 11.99/m, discover has some similar for <$10.

            I am also using services of timeshareaid.com they promises and price sound decent.
            I will share here and other forums about my experience with them latter, once i get any results (if any, hope they will not try to f… w me, as I will eat their kids at night:) )

          3. I tried to reason with TS company, waste of time and breath, fealty rootless crooks, they selling you an “Investment that will save you money and will go up in value, and 4 years latter after you paid them 15k+ and never really used damn thing, THEY WILL NOT TAKE THIS F@#@ING INVESTMENT BACK FOR FREE”
            THEY ARE SCAM AND JOKE, SO YOU SHOULD TREAT THEM THE SAME.
            THEY CANNOT DO ANYTHING…. just bother you and ding your credit history, WHICH YOU CAN FIX BACK UP FOR THE COST LOWER THAN YEARLY MAINTENANCE FEE”

          4. yes, the collectors only care about getting you to send money, because they only get paid when you send money — they have no interest in anything else.

            it just occurred to me that the benefit of still making payments on he TS, is that they will foreclose if you stop making payments, and the foreclosure eliminates any maintenance fees they want you to pay.

            but if you stop paying maintenance fees, they just turn you over to a collection company and hound you for years for maintenance fees.

          5. My two TS’s are paid for but I stopped paying maint. fees 2 years ago. About 2 months ago I got a call from a company called PINNACLE, I immediately sent them a “cease & desist” letter, they stopped.

        3. By the way can they come after other property we own? We have a duplex we own…any info on that would help…

    3. Ok everyone….we are going to stop paying. We will be going to the bank tonight to change credit card numbers and stop authorization of auto payments. I am going to change our profile info etc that’s on their website. I am also getting ready a letter for them not to communicate with us other then in writing.

      SOOOOO anything new happens I will post on here. We are up to date on our payments and maint fees. We talked to a mortgage lender and worse case scenario is that we will have to explain we got screwed and pay a lil more when we buy a house big deal with the money we save we can! So wish us luck everyone. I will keep you posted as something new develops.

      1. for what it is worth, we did a deed in lieu with Marriott about 2 years ago, after they had us delinguent in payments for 4-5 months, we were foreclosed on a TS in Las Vegas and in Florida, and we have lots of TS collection activity listed on our credit report. I checked our credit score on creditkarma and it was 688, about average, so it hurt but we expected to be like the hockey goalie on TV.

        1. DIL Tell me what we should be looking out for is they ask us to do this? In writing i know…atty look over everything?

          1. David,
            you have to wait until they send you a letter asking if you will do a deed in lieu to cancel the debt and your ownership. The collection guy will just keep telling you to make payments. The DIL comes from a different department.

          2. Thanks Bill- That Answer my Question, but should i still send that written cease & decease letter, or should i just keep letting the debt collector send me those letter and just anoy them?

          3. Hi David,
            we have not used the cease and desist letters. we have caller id on the phones and don’t answer calls we don’t recognize. Our phone also allows us to block a dozen numbers, so if we recognize the same caller we block it. If my wife does answer a collector, she says we do not owe anything and hangs up and we change our blocked call list.

          4. Hi Bill -Thanks for the answer-so getting back to the DIL & The Debt collector, If i had pay off the loan 6 yrs ago, and did not answer there call for six years, then i wait for the DIL but once i release the DIL to them , then it only settle the Mortage? and not the maintance fee. or does it take care of both, but the Debt collector will keep sending the owe maintance fee? You notice I am confused, I apologies -Please have patience with me,

          5. Hi David,
            There are several parts to the answer.
            The deed in lieu cancels out the mortgage and the fees. Which doesn’t mean that they won’t still try to get you to pay the fees.
            do a google search for financial statute of limitations. One of those sites will give you the years for your state. After not paying that number of years, they cannot succeed in any court case against you, but if they file a case, your response to the case is that any debt is past the financial statue of limitations so a case is moot.
            the easiest way to not be bothered is to send the cease and desist letter to the collector saying both that any debt is past the financial statue of limitations and not to contact you by phone for any collections.
            the ts can still try to collect, but could not win in court, but collection agencies cannot continue after the time has passed.
            For anyone else — make sure to never send any payment to the TS or collectors, because it restarts the clock on the statute of limitations.

          6. Hi bill – I look up the statue of limitation for California-It said a written contract is 4 Years-Then Judgement is 10 Years-Interest for Judgement is 10%-And Lastly Mortage Anti-Deficiency they Put YES. I Look up what Judgement mean and it said that-Notes
            1. Judgments can be renewed in many jurisdictions. In some cases, even a dormant judgment can be renewed.
            Bill- If the Judgements can be renewed in many Jurisdictions, then perhaps i should send that cease and decease letter and see what they do. what you think.

          7. judgements mean that you have been taken to court and lost and that there is now a judgement against you (like the judgement against OJ by Nicole’s family)
            you have already passed the 4 years, so you can use the time past the statute of limitations as the answer to any suit filed against you.
            The cases and desist is only to make the collectors stop calling your phone (and to deal only by letter). But, it will stop the calls.

          8. Got it. so the Judgement part don’t apply to me unless they take me to court and i lose. Ok-cease and decease- they have not call me anymore but still sending letter to me. but i had annoy it. so the last step is for them to send me a DIL. I will wait and report back. Thanks again Bill for having Patience with me. I am getting more confindence in moving toward the right direction and not looking to find answer in a haystack.

          9. I agree with almost all of this thread with 2 exceptions; 1. The cease and desist letter can also apply to the ts as well, so they can not contact you either. 2. the cease/desist means they cannot contact you by ANY means; phone, email or letter.

        2. My father recently died. He has a paid timeshare. We don not want it nor do we want to pay maint. fee. Will Affidavit of Disclaimer make it go away?

      2. Today we got our first call. Did not answer. Lady just said they needed to talk to us and gave us a reference number…ha ha ha. Sending the S&D letter tomorrow with delivery confirmation.

          1. Ok So all the letters were sent via fax with confirmation, regular mail and certified. So THREE methods they got. I sent it to ALL locations, corporate, their attorney and the resort billing company. ALL certified confirmations have come back. They by LAW can respond ONE MORE TIME to us. SOO we got one letter yesterday and keeping track. ha ha cause if the location contacts us again…we are going to SUE THEM!!!! wouldn’t that be a twist! ha ha ha. So we are protecting out rights in other ways…to can play this game!!

            I have to say that before all the letter confirmations came back they called my husband and I as we were together. I happen to be latin so when they called me on my phone I spoke Spanish they hung up on me. Then 2 seconds later they called my husbands phone same guy but talked in Chinese (the few words I knew) he hung up. We laughed our heads off…never called again. Just thought i would share that…keep you all posted…

  9. we have 2 weeks in St pete, that we last paid the maintenance fee in 2007. today, we got the deed in lieu to have notarized and then it all goes away.

  10. I’ve been reading this blog since 2008 when I started looking for an answer to my timeshare worries and it has saved me thousands of dollars. Since then I secured a loan and built my house and I’m now over my TS issues. I just wanted to say THANKS A LOT to whoever started this blog and the many others who were brave enough before me to stop paying. I did and handled the annoying calls for a while until they stopped calling. My wife and I are very grateful to you all.

    1. Dear Doug,
      just wondering how that all played out on your credit? Did it cause you problems getting the loan??

  11. Hi All

    We have a fully paid timeshare in BC and are planing on not paying our maintenace fees.
    Can anyone who has done this with a timeshare in Canada let me know what has hppened when they didn’t pay their maintenace fees.

  12. Actually, your issue is NOT with the resort staff directly, it is with the owner, i.e. Wyndham, as they regulate what the staff says/does, and they train them ALL the SAME! So, again, the issue is with the timeshare owners like Wyndham or whoever it is that “owns” the corporation that has your timeshare.

  13. We bought a time share from Velas Vallarta in Mexico in 2008. It was a rushed, strong armed approach that included alcohol, etc. Sierra told us we could sell weeks, but that we had to keep it quiet when signing the paperwork. We were told not to mention that we were doing this as an investment. Red flags everywhere in hindsight, as you all know.

    We paid maintenance fee in 2009. None of our weeks sold. Decided not to pay in 2010, but conveniently, Sierra suddenly now had a buyer, but said we must pay maintenance fees first. We paid. We even ended up paying close to an additional $2000 (taxes? They said) which we wired to Mexico, with the understanding that we would get it back at the time of sale. As soon as the money was wired, all contacts through Sierra completely stopped – phone just rang continuous, e-mails bounce back, etc. However about
    6 months later, the bank called and said our wired money had been returned (yay). Now fees are due for 2010, and miraculously we get a call from a different company with a buyer. We are not falling for that again.

    How do you tell if you have a deed? We have a 25 year contract that says “Fractional Ownership Service Agreement” which I assume is not a deed? Does anyone know? We have tentatively decided not to pay any more money, and if it trashes our credit, we will deal with it. It will be hard
    hard, as we are 52 and have two kids to put through college,

    Thank you for all the posts on this site.

    1. we have one in Puerta Vallarta and they mention to us that we rent it for 25 to 30 years and it is not deeded. After the time is up they take it back.

    2. Just like before we amazingly received another offer this week. Anyone ever dealt with Malibu Property Management Group? Something about needing to get to 21% ownership. I told them we were not paying anything – if they needed money it had to come from the proceeds of the sale. I thought that would shut them up, but surpirsingly they agreed. Offered $30.000 and want a copy of our Velas contract and a copy of my ID. The ID part scres me. I

      1. That’s what I told one of those crooks. I said, IF you have a so-called sale, then take your cut out of it and send me the rest…………NO we’re not registered realtors, therefore we don’t operate like that.

        1. I faxed the contract and the last statemnent on what we owe on membership fees. No ID. We will see what they say. I don’t expect anything good to come of this. I tried to look up this company but can only find that they are NOT a member of the Better Business Bureau. (Big Surprise!)

  14. Has anyone had bad dealings with Palm Beach Shores Resort in Florida? Our salesman totally misrepresented the timeshare product to us about 15 months ago. They will not take the timeshare back, and they will not assume any responsibility for their salesman’s lies. I owe around $10,000 on the mortgage, and maintenance fees and property taxes are about $360 a year. I would just like to quit making the payments and walk away from it. Does anyone know about how aggressive this resort is in pursuing timeshare owners who do not pay?

    1. Hi Greg,

      I have a timeshare with Palm Beach Shores in Florida. I stopped paying mortgage/maintenace in November of 2009. At the beginning you will be getting phone calls every other day asking for you to make a payment even just a small payment don’t do it. You need to read through the previous comments to write a letter to prevent them from contacting you. Any way..myself I just ignored the phone calls, because no matter what you tell them, they don’t care about your situation they just want some form of payment. I than cancelled my credit card where payments were being taken from. Phone calls started, mailing contact started.

      No more phone calls or letters from them, but I still get phone calls from the collection agency because of unpaid maintenance fees which is $1000 (two years of unpaid maintenance fees). It did put a hit on my credit, but not much. My credit score is 720. Aslong as you pay all your other bills on time your credit should be fine unless you had bad credit from the beginning than it really doesn’t matter.

      But just so you know it took 2 years for them to stop contacting me and I stilled owed $12k on the mortgage. I just wised up and realized that it wasn’t worth the money I was paying them. I called one time cause I was considering paying it off in one lump some. I found out during the 2 years I was paying only $1000 went towards the principal out of $6000 I paid. At that poing I realized it’s worth to keep it for lifetime. Especially the maintenance fees goes up every year. I can have a great vacation paying less than what I was paying towards them yearly.

      You just have to ignore the phone calls, don’t take the threats seriously. If you go through all the comments you will realize they can’t really do anything to you, but threaten you with your credit, your home, garnishing your work check. My check has never been garnished, never been taking to court, etc. I’m still waiting from them to forclose on me, but they seem to have disappeared for months now. But I will keep all updated.

      1. Erica, thanks for the response. Your information has been very helpful. I believe that I am going to close the credit card account from which those crooks and liars take the monthly payment and then just hope for the best.

      2. Erica: I have decided to stop paying on Palm Beach Shores TS. I am hoping that all that happens is foreclosure and hit on my credit. I am expecting the phone calls and threats. I know that it has only been a month and a half since you told me about your situation with those crooks. Has anything changed with you since then? Thanks for your time.

        1. Hi Greg,

          I only receive phone calls from the collection agency to collect money from the maintenance fees I owe. I no longer receive phone calls from the timeshare itself. I have yet to receive a foreclosure notice from them…nothing. I assumed they just dropped it all and realized it wasn’t worth to pursue. But just moved the money I owed on maintenance fee to the collection agency.

          As I said before it has been since November of 2009 when I decided to stop paying them. Remember don’t answer the phone and don’t agree to pay anything. It will just start all over again. Just do the math. It’s not worth it. What you pay in a year you can have a nice vacation a week somewhere half the price you pay towards them.

          They will threaten you of all sorts (if you answer the phone). Just ignore it. They will call from a 954 area code number. Trust me nothing will happen. No lien on your home or no garnishing from you check. Nothing will happen except for the small credit hit from the collection agency trying to collect money from you from the maintenance fees.

          Hope that helps.

          Erica

          1. Mine switched collection agencies, and a new one called. Usually you hear stories about collections people being rude and crude to collectees. However, I turned all of my rage about this situation right on the collections lady. I think she started to cry right before I hung up. I tend to be kind and empathetic, but have a mission in life to attack bullies. I don’t think they’ll be calling back.

          2. Hi Erica:

            Any update from your situation with Palm Beach Shores? We haven’t paid them anything for a couple of months now. We have been getting a lot of phone calls and e-mails from them. They have been leaving us messages telling us that our case will soon be turned over to a collection agency. I am thinking about writing them another letter and asking them for a deed in lieu of foreclosure. Maybe I should have an attorney write the letter. Thanks.

          3. Hi Greg,

            I’ve stopped hearing from them. I guess they got the point since I haven’t paid them since November 2009. No Foreclosure, nor did I receive a Deed In Lieu of Foreclosure. Any money I would have gave to them I put in my savings account towards a “real” vacation, when and where I want to take it to.

            No credit hit from not paying on my timeshare itself, but I did get minor credit hit from not paying the maintenance fees. But, my credit score is 745 since I pay everything else on time and in full.

            Greg, Just walk away and don’t worry about it. It’s been about 2 years and I have yet to get a notice to pay them in full, or a lien on my mortgage, and my paycheck has never been garnished. Those are all threats to get you to pay them. Don’t pay them anything otherwise the clock starts all over again.

            Erica

          4. Hi Erica. It is February 16th. Do you have an update on your situation with Palm Beach Shores Resort? Thanks for your time.

            Greg

    2. Greg, it’s not the time share where you own, it’s the time share people like, for instance,Wyndham,or others that make the rules. Go back through and read the replies going back through May/June and you will learn what those of us who respond to you, have been telling everyone else. Learn, then DO what you read. What can man do to you? Are they going to send a hit squad, NO! Are they going to do anything? NO! WHY! because they’re going to just take the time you HAD for not paying, and sell it to the next (sorry to say this) sucker. Just walk away, don’t look back, and read what’s already been written and DO what everyone else has been taught….. RELAX! It will be OK, no matter what you own, where.

      1. Mary, thanks for the response. My issue is with the resort’s sales staff, which I guess are employees of Vacation Village. The salesman lied to me and my wife during the entire sales meeting. We spent six hours with this huckster, asking him everything about the timeshare that we could think of. He lied to us the entire time. I believe that I am going to stop making the mortgage payments and maintenacne fee payments and see what happens. It would be worth taking a hit om my credit.

  15. That’s BS, it cannot be secured debt, as they cannot possibly physically secure 1/52 of of the unit. ITS A JOKE!!!!

  16. Go back through previous recent replies on this site and see what advice the others got, and follow it. To recap, DO NOT FEAR! They can’t do anything to you, just stop paying, don’t accept any mail from them, send it back saying “return to sender”, and if they start calling send them the following letter (THIS LETTER IS A LEGAL DOCUMENT). Send it CERTIFIED MAIL, RETURN RECEIPT REQUESTED. This PROVES that you mailed it, they received it, and that they HAVE to leave you alone……PERIOD! It WILL work! And, DO NOT FEAR!

    DATE:

    RE: Account number:

    To Whom it May Concern:

    Please cease further communication with me regarding the referenced debt.
    Pursuant to the provisions of Title 15 U.S.C.§ 1692c.
    Thank you for complying with this request.

    Sincerely,
    ______________________
    Signature

    Printed Name
    Address:

    Sent via: FAX TO:

    1. Hi Mary, they called me today and they said that we cannot cancel the TS because it’s a secured loan and even they put in forclosure we still have to pay them. My husband is in the military and currently away from home and they said that his career will get affected if we put the TS in forclosure. I even told them that if they don’t stop calling me i will send the cease and desist letter but they said it’s not gonna work either because that’s not the way it is.

      Is there anybody use the cease and desist letter yet? I need to know if it’s really work. I am knew here in TX and i don’t know if that works here. Thank you in advance.

      1. Remember they are sociopaths and liars. Yes they can mess up your credit, but that would be it. Now they are stooping so low to threaten to ruins the careers of distinguished servicemen, which of course they cannot. But they can commit extortion which is what they are doing with those statements.

        Write a letter to your congressmen, and tell them a time share company is threatening that they can ruin your husband’s career, which they cannot, just to scare you into paying for something which they fraudulently sold you. If they support our servicemen, like they all purport to, they should get off their ass, and crucify these timeshare scum.

        This is so outrageous it is unbelievable.

        1. Thank you all for the advise or concern! It ease me alot. My husband is currently deployed and he’s not here to help me, but I am so happy that someone or somebody out here are always there to help others like me. Proud to be an army wife and i am proud of you to guys. God Bless us all.

          1. God Bless You and your husband for being the ones who make it possible for we to be as free (as our gov’t. will currently allow). Thank you and your husband for serving our country. My dad did in WWII and suffered the rest of his life for his country. Take care, and God Bless!

          2. Hi Sporty- I give you credit to try to carry this burden through. I was like you scare, and paid them little by little, finally my son had to go to college and couldn’t afford it any longer, didn’t even had the time to talk to anyone, hire a lawyer and the lawyer told me to don’t do anything, DON’T EVEN ANSWER YOUR PHONE. i had change my phone # not because of them but too many telemarket trying to sell. but its been 6 years now and finally i can talk to people like Bill, Mary, and Ron. I can just kind of tell people what happen to me , what i am going through and to find answers that other people know that i don’t know ,so sometimes take a first step which is DON”T answer your phone, DON”T pay anything and let the clock run. If you can wait for your husband to return from war then this waiting for the clock to run out should be a breeze.

          3. It’s been 7 months since we stopped payment our TS from Silverleea.We recieved alot of calls from them but we never answer the phone or return their calls. Last month, we recieved a promissory note saying that we have to pay the full amount within 10 days, if not, they will turn it to the collection but, we ignore them after a week we recieved another letter saying that they will sell our TS this month. After, folliwing some advices here me and my husband never scared from. So thank you all for the advice. For those who need some advice too, read all the comments here and follow Mary’s advice. I will keep you posted in 2 weeks and see how’s the selling goes.

  17. Hi Everyone.
    I’ve been reading this blog for a while so im very familiar with a few of the options mention…ie…the deed of lieu foreclosures, statute of limitations and of course just walking away by not paying another cent.
    I live in Ontario and the Timeshare i own is in Daytona Florida. Luckily for me the actual unit/timeshare is paid off and what im left paying now is the yearly outrageous, constant rising maintenance fees.
    I spoke with my home resort and asked for assistance last year on the years mainteance fees but of course they were no help. I ended up somehow coming up with the money and paying them.
    I want to walk away next year tho when my bill comes in the mail Jan 2012 as we really cannot afford this ever rising fees anymore.
    Since I live in ontario, Canada and the unit is Daytona. How will this affect my credit rating if i walk away ? and Secondly if the creditors start caling me what statute of limitations apply to me? ontario 2 years or florida 6 years?
    Whats the worse that will happen besides the harrassing constant phonecalls and letters?

    1. The statute of limitations apply to where YOU live, not where the TS is. Just DON’T pay the bill….period. All they can do is NOT allow you to use your time, as they will lock you out until or unless you pay up. If you don’t care about using the time, then don’t pay the maint. My two on St. Thomas are paid up, and I owe over $5,000 in maint. They sent me to Pinacle collections. I simply sent them a cease and desist letter that is posted many times on this site. Find it and follow the directions. If you can’t find it, then email me back and I’ll send it again w/the directions. Then they are forbidden BY LAW to ever contact you again, in ANY way.

  18. My husband and I bought a Timeshare at Silverleaf Resorts in Oct. 2009. Two weeks ago, we sent a Cancellation letter to Silverleaf and told them that we can’t afford anymore. Five days after they recieved the letter, they called us and said that the letter that we sent is not gonna work and we have to continue pay them. I even called our bank and stopped the payment. Please help us. Don’t know what to say the next time they call us. We have no experience dealing like this type of problem. Thank you in advance.

  19. To whoever left the message about the registered letter, accepting it doesn’t start the clock, what does is IF you start paying them anything. I sent Pinnacle a cease and desist and they HAD to stop contacting me. I did it after the FIRST phone call! Don’t waste time on sending that letter. If you were going to be sued, you would NOT be served via a cert. letter, the Sheriff would have to serve you in person. Just send the cease & desist.

    1. Thank you so much Mary for replying. it put me at ease i will send that out certified, so i’ve been doing the right thing. now i know from Bill that i don’t have to accept anymore register mail. Also the property tax that i had receive is real from the office of the lieutenant governor property tax collection division 5049 Kongens Gade, #18 St. Thomas, virgin islands 00802-6783, Mary- i think if i had paid this, they the t.s. company would say that is a partial payment also and the clock would start again. is that true?
      If this is true people should know not to deed any of there timeshare unless they know and accept that there maint. fee assessment fee and property tax will go sky high and is willing to pay into it for life.this property tax will go up everytime they the t.s. company say they made improvements.

      1. Now you’re learning. Everything you said is correct. Don’t pay anything. I have two St. Thomas TS and I’ve never received a tax bill for either.

        Now you’re learning. Everything you said is correct. I have two St. Thomas TS and have NEVER gotten a tax bill. Just don’t accept any mail, even if it’s first class, just write on the front of the envelope “RETURN TO SENDER”, and be sure to send the cease, ASAP. You’re welcome.

    2. Hi Mary- I just went to the U.S. virgin Site and there is Property tax when Property is Deeded, but read a little further and they were mentioning that in aprox 2006 they told people not to paid it, thats why i only receive one and from then on did not receive anymore, apparently they did not resolve the issue. owner where complaining that the property tax for a studio should be lower than the 1 bedroom.

  20. I have seen a new type of request from collectors. When they realize they cannot collect, they now offer a deed in lieu of foreclosure and say that you need to pay a legal fee as well as the current years maintenance fee in order to receive the DIL.

    everyone needs to decide what they are willing to pay to make these guys go away, but personally, I would just ignore them and only sign a DIL from the timeshare company and not pay the extra fees to the collectors. (the worst case is you make a payment to the collector, and they treat it as a partial payment and restart your statute of limitations clock)

    1. I admit I almost fell for a trick from the collection agency when i still spoke to them. They tried to get me to pay a portion of the amount owed, then, they would try and convince the company to take the deed back (DIL). But they only promised to “consider” taking it back after everything was paid up. I said no and that was the last time I spoke with any of them.

    2. Hi bill- isn’t it true that once it goes into collection, it is not negotible with the t.s. company anymore? and if you can, then would they the t.s. company tell the collection agency that they are negotiating with the timeshare owner?

      1. Hi David. When they say that you cannot negotiate with the timeshare company anymore, it is a little misleading. This is really contract language between and t.s. and the collection agency.

        When a t.s. company signs up with a collection agency, they agree to refer any negotiations to the collection company since the collection agency takes a percentage of whatever they collect. After some period of time, the contract expires and the collection agency no longer has that collection and the t.s. needs to decide what to do next — foreclose, try for a DIL through a lawyer, get another collection agency, etc.

        If you are dealing with a collection agency, you just need to wait until the collection agency turns the contract back to the t.s. and then they can negotiate once more. the collection agency has no reason to work with you on a DIL since they only get a percentage of whatever they collect.

      2. It’s a ploy on the part of the T.S. Send the cease and desist letter I’ve posted in previous responses, and forget about it! They cannot touch you!

    1. I agree Mary. I have looked!!! We pay our TS + fees. Have been for a while but seems that…soon we are going to fall behind… we want to buy a home in a couple of years which is the only reason why we still have this horrible thing…soon after we got it we realized it was a scam…but had already passed the date to give back so they say…so stuck with it!

  21. we filed for bankruptcy this year,the time share we owned was payed for and we owe back tax and maint for $5000.00 got all the threating letters.what was so funny the lawyer and the judge snickered when we brought up the timeshare we were told they do not count as anything. they can not sue. By the way the deeds on these things are not real deeds. When the collection people called I said sue me and show me were I own this property well never heard from them again. one more thing I have a deed from this time share I called the tax office were it was filed from and its really amazing they can not find my name in the county book of records. this is all scams.For the people out there who owe rip up the paper work its not real deed. Yes I did have a real lawyer check this all out and its all true.

    1. That makes sense they made a mockery of the timeshare having any legal authority to collect anything. Its too bad there is no way to let people know that if everybody just told timeshare companies all at once to go rot, then they would all fold. Its like showing a child there is no boogie man in the closet – I just wish I knew how to open the door so the world can see that they are just so much vapor. We have seen through their BS and scare tactics and now we know they have no power to do or say squat. Too bad we couldn’t take them all down at once. Wyndham / Marriot / Fairfield / RCI – may they all rot in hell!!!!

    2. Hi Peter- nice to see that the judge snickered at the timeshare and they cannot sue. but the deed that i have sure looks real. just like how it is every year in my own property in ca. with partial numbers block # and all. just wondering how can a timeshare company. sell a week here to tom dick or harry and say they own a week. that is like me owning my house and then selling it out week by week to all the tom dick and harry and when one don’t pay i would tell the city and county of L.A. or whereever that it is those guys that owe the tax not me.
      Peter – I am scratching my head .

      1. Your example is exactly correct. Forget about it, they can’t touch you. They are the crooks, not you. Stop scratching your head, relax.

  22. What I’m doing is I’m sending a letter to the TS saying that I will not continue making MFs, and giving them 2 alternatives: a) issue me a Warranty Deed in Lieu of Foreclosure, or b) I will take TS to a transfer company. See what happens.

  23. Hi- Melham- just talk to my accountant and he said 1099c is a cancellation of debt. so the lawyer is right the 109A WILL be a gain but if the property is worth 0 then you you would subtract and there would be no gain that i guess is done in the 1099c. the question i have is how can one find out how much the property is worth in writing?

  24. Thanks bill for the comment, they said that 1099-c is the one debt cancellation, 1099-A is just they took it back …so what I did in my Tax return I deducted the principal value ,from the remaining debt that came out with a loss…everybody and still nobody can explain even in IRS that 1099-A vs 1099-C.

  25. Can you give some details?

    Our credit is a mess, but that is because these collection agencies have reported “collection activity” with the credit reporting bureaus. We still have credit, but they have reduced our credit lines.

    Waiting for foreclosure doesn’t mean much, since we have had 3 TS weeks foreclosed by companies that do not want to do a deed in lieu — which makes little sense since it would be cheaper, but I don’t think some of the TS managers know a lot and just defer to their lawyers who pick up the fees.

    A 1099A from the IRS means that the debt has been forgiven by the lender, so the IRS wants taxes paid on the forgiven amount since they consider it a gift. I think the easiest way to fight this is to have documentation of the current market value of the TS and to argue that this is the real value forgiven, with the remainder a loss to you.

    If you received an 1099A, that means that there is no foreclosure coming and that the TS took back their week.

  26. I have a question in rebutle about “has anyone hired a lawyer”. My question is “HAS ANYONE BEEN SUED, FORECLOSED, RUINED CREDIT REPORT?” If the answer is NO, then why do we have to pay out MORE for a lawyer who will get richer along with the TS.

  27. I hear a lot of not paying or do this and that but has anybody actually found a lawyer to get the correct info or even sue any of them. Min ei spaid but tired of the maintenance fees and worried they may go up

  28. Reply to Ron and ALL! Agree, and why hasn’t anyone started a class action suit? I would if I knew how. Anyone know how. As far as the TS salesman goes, he has no room to talk about “tort” law. They have broken laws up and down the scale to the max. DO NOT pay anyone anything, anymore…..period.

  29. STOP! FORGETABOUTIT! Don’t due deed in leui, don’t do anything, and don’t pay anybody to do anything for you. Leave it alone, but do-do one thing, send the CEASE AND DESIST LETTER I’ve posted on this blog. If you can’t find it, email me and I’ll send it to you word for work.

    1. Mary,
      Thank you for your great advice. I owe nothing to my TS, but what I will do is send them the Cease and Desist letter, to get them off my back hopefully forever. Please send me your version of this Cease and Desist letter.
      Thanks you ever so much!
      Isabel

      1. DATE:

        TO:

        RE:

        To Whom it May Concern:

        Please cease further communication with me regarding the referenced debt.
        Pursuant to the provisions of Title 15 U.S.C.§ 1692c.
        Thank you for complying with this request.

        Sincerely,
        ______________________
        Signature

        Printed Name
        Address:

        Certified Mail
        Return Receipt Requested

        This letter was drawn up by an attorney. Be sure to send it CERTIFIED mail,RETURN RECEIPT REQUESTED That will give you a tracking# for your letter and the return receipt you will receive back once they receive the letter and sign for it. Without this proof, you have NO proof of ever having notified them.
        You can also FAX it and then do the mailing as described above.

        1. Thank you so much, Mary, for your this info. I will use it to stop claims for maintenance payments.
          My next question, however, is since I hold a deed to this TS, how do I get rid of the deed? Like I said, the TS is paid in full. The problem is the company defaulted and sold the company. The new company has doubled maintenance fees to the point where it’s no longer worthwhile.

          1. If you don’t intend to ever pay up the maint. fees, the deed is irrelevant. Just forget about it, I did.

        2. HI MARY -THIS IS DAVID SPEAKING-Want to get it right- If i have a Deed on my T.S. and i want out, and did not pay Maint. Fee for over 6 years now. do i have to notified them (the collection agency or who?) and do i have to get a DIL? JUST WANTED TO KNOW THE RIGHT STEPS TO GET OUT. OR SHOULD I JUST NOT NOTIFIED THEM AND JUST LIKE YOU SAID DON’T DO ANYTHING.

          1. If you haven’t paid maintenance fees in 6 years you are finished with them. You have a deed huh – TO WHAT? I guess you own it and can paint it or build something new there or…oh wait… you can’t – you don’t really own anything. Get it. You don’t hold a DEED, you hold a receipt for a SCAM.

            The deeds are useless pieces of garbage. You never owned anything!!!!!!!!!!!!!!! You were scammed by criminals. Why do you want reason with the muggers who robbed you.

            WALK AWAY, WALK AWAY, WALK AWAY, WALK AWAY, WALK AWAY, WALK AWAY, WALK AWAY, WALK AWAY. DON’T LOOK BACK!!!!

          2. they have probably already foreclosed or taken it back as abandoned property.

            If a collection agency calls or writes, tell them that the claim is past the statute of limitations.

          3. Bill if you bought in The U.S. Virgin Island but you live in california is the statue of limitation in the state where you live or is it in the country where you had bought the time share?

          4. the statute of limitations limits lawsuits that can be brought against you where you live. Any claim against you for debts would have to be brought in your state of residence.

          5. AMEN, just WALK AWAY. There is NOTHING you have to do. Just leave it alone, and FORGETABOUTIT!

          6. Thank you Ron,Bill, & Mary for all the answers and encouragement. There is one question? I’ve a property tax bill that came in the mail from the U.S. Virgin Island and have not pay that either, so since i live in calif do I walk away from that too, can they put a lien on my property in calif.? What is the worst that they can do to me? Sorry, this is the last question i have.

          7. Mary-Now that you know my situation, would you suggest me walking away from this without sending them a CEASE AND DESIST LETTER?

          8. BILL-I guess i am laughing about that too- but what if they the U.S. Virgin Island decide to put a lien on my property in Calif, can they do that and make me go to court?

          9. they can only put a property tax lien on the property being taxed.

            the TS will pay the property tax. They do not want a lien on the property

          10. Bill-now everything make sense. They own the entire property, but they lied to me and said that if i wanted to sell the property i need a deed. and by getting the deed they want me to pay the property tax. so they don’t have to pay it. that is why there was no parcel # when i try to get rid of it. FIRST I MADE A MISTAKE, i did not have to get the deed because there was no parcel #. But Bill seems like it work out anyway, because now i don’t pay anything no tax, no maintance fee, but lost out on the closing cost and the cost for the Deed.

          11. Can anyone answer this question? pinnacle DEBT COLLECTION AGENCY send me a certified letter, that means i have received it. can a person refuse to sign for it? ALSO, DOES THIS MEAN THAT THE CLOCK STARTED OVER AGAIN? I AM HOPING Ron, Mary or Bill can answer this question.

          12. I do not see a reason not to accept the letter. If they were filing a suit, it would need to be served.

            If they are asking you for a reason they should not be sued, you should assert the positive defense that the debt has passed the financial statue to limitations with the month and year of the last payment made.

            the statute of limitations does not make any debt go away, but it means that the suit cannot be won by the collector as long as the positive defense of the statute of limitations having run is given as a positive defense immediately as an answer to any suit.

            the only thing you can do to start the clock over is to make a partial or full payment to the collector or to agree to an agreement with the collector. that’s why you never make any payment once you stop, no matter how small.

    2. But why not do a Deed in Lieu if it’s offered and it costs you nothing and you can get out of that nightmare?

      1. but do you really think you will actually be offered a deed in lieu that costs you nothing? you do not want to pay anything at all with the deed in lieu or it will just restart the clock. Paid off properties are not treated the same as ones that still have a mortgage to pay.

  30. My TS is payed for. I have not payed the maintenance for awhile now.I get pinnacle calls at least 5 times a week. I have never heard of anyone getting there wages garnished for a TS so far.These people are crocks and they know if they try to pursue us for there bogus fees that eventually there going down. just hold off and what for you deed of lieu.I will post all over this page the day i get mine!!!!

    1. NO, NO, NO – these piddly little fools don’t have any authority, moral or otherwise. They couldn’t garnish wages from a frog. They have no juice except to fake people out and scare them. Just laugh at them and tell them to f-off. If everyone did that – they would be finished.

  31. there is a statute of limitations for financial matters —
    that is, if you have not made any payments for the number of years for your state, then they cannot file a lawsuit to recover any funds.

    the time for each state differs and you can look this up on google as financial state of limitations or such to see what it is for your state.

    for many states it is 4 years, so you can probably tell them that the statute of limitations has passed and they no longer have a right to your funds or to come after you for money.

    Just don’t make any additional payments or the clock starts all over again.

    1. for RI where I lived when I made the contract is 15 years for a written contract.In Massachusetts where the timeshare is is 6 years. In NC where I am now is 3 years. Big difference. Which one would they go by?

      1. the statute is for the state where you live, and NC appears to be consumer friendly. It means they can’t file a lawsuit (or can’t win one once you raise a defense of statue of limitations) and third party collections companies cannot contact you.

        1. thanks so much, I guess we picked the right state to move to. I cant believe there is such a big difference between RI and NC.

          1. I live in NC and can say unconditionally that NO ONE other than a local, state or federal agency can attach to your bank accounts, or real estate. NC IS consumer friendly, strange as it is so far behind in many other ways. Obviously I am not a native, but glad I’m here and not in another state.

  32. I made a few payments on my timeshare 5 years ago. I stopped because we couldn’t afford it anymore. I told them over and over again. They said it would go to foreclosure. I never heard anything. Now 5 years later I am getting bills again. I have written letters again stating I could not afford to pay it. I have ever used at all. I just want to be done with it. It is on Cape Cod Mass. and I am now in NC.

    1. The statute of limitations is UP and they can’t touch you, and couldn’t anyway. See my last post to this issue. Just DO NOT be afraid!

      1. thanks, I know what you mean about NC being behind. My husband does autobody and he said they are way behind in technique as to up in Massachusetts but we like it here. Even more so now with the statute of limitations.

  33. Don’t ACT like there are no worries, KNOW that there are NO worries, and keep that ATTITUDE if/when they contact you. And, IF they do contact you, get that cease and desist letter out; fax or email it, and then print it off, sign it and send it certified mail, return receipt requested. Take back your rights. This world is in such a bad state, that the least we should be worried about are lousy TS’s. Be happy, and celebrate this Memorial weekend, and please remember my Dad who served in WWII and was so shocked by it all and could never get help. He suffered the rest of his life. We have no idea what most older soldiers in WWI, WWII, Korean, Viet Nam wars; saw, lived through and not only were shot at, but some were forced to canabalize in order to survive. My Dad would rather die than do that, so unfortunately he gorged himself on food, literally eating for all the poor of the world, just from what he went through in that war. NEVER FORGET! God Bless You All, enjoy the weekend, but PLEASE remember! Thanks for reading all my ranting.

    1. Hi Mary,

      Could you PLEASE, PRETTY PLEASE let me know exactly or guide me on how i should approach my situation. My TS is not paid in full and we owe $8000. Ive been making the payments but struggling to do so every month. I want to just stop making payments and see what happens. They told me after its 60 days delinquent they will report it to collections. I don’t own a home and i don’t own my car (still making payments). I don’t care anymore about my credit going bad after this. Will they garnish my wages and what am i going to end up paying the IRS? im so clueless with this as you can how i got in this in the first place.

      I would really appreciate your help!!! Please. 🙂

      Thank you,
      L

      1. Hi L,

        If you don’t care, then STOP. The more you pay the more trouble you get into cause the statute of limitations keeps on ticking. What state do you live in? I stopped caring years ago about ANY debts I’ve been paying on forever, as I’ve more than paid for them in interest over/over/over again. Don’t feel I’ve duped anyone by my stopping to pay, especially the TS. BUT, you could have a “hardship” clause in your contract. Send a certified letter with a return receipt request and tell them you are in hardship and you can no longer pay. I did that on my third (yes, I was stupid enough to buy 3, the first 2 were cash deals, the 3rd was financed). I did have a hardship clause and my debt was IMMEDIATEly cancelled. Give it a try first, and then stop paying anyway.

      2. I ‘JUST STOPPED PAYING” Wyndham 3 months ago. I “owed” $129K on the total mortgage. Payments were $1200/mo. Maint pays were $300. Do the math. It just wasn’t worth it. I stopped, they intimidated because that’s ALL they can do with the possible exception of a little mark on your credit report which will be looked at as a “timeshare” and understood and even “overlooked” by major creditors.
        I did hire Ann Pelligrino as a representing attorney for $3k who has so far just sent Wyndham a letter. They said they “specalize” in TS recoveries. Will have to wait and see……
        Not sure if you would actually need an attorney. Just follow the guidelines on these posts. But the one thing you DO need to do is to notify your TS of your intentions as well as your rationale;
        “financial hardship” being the most plausible and effective. Forget about telling them that they lied and misrepresented. They KNOW THIS. Document all paper work you receive. You must be explicit in telling them that you “…do not wish them to continue billing” (you), and that you are not going to be making any more payments and request a DIL. Also, if you are paying through any type of auto-pay be sure to close it. CANCEL your card (get another with a different # and CLOSE the specific bank account. They have ways to continue to bill.

        1. we had a Marriott weeks 2-3 years ago that we could no longer pay the mortgage on. we had the screaming in-house collector after 60 days, who put a late payment on our credit record, and then the rational people sent us a DIL form after about 4 months.

          They might say that you need to pay the current maintenance before they will give you a DIL, but that is just a bluff. Just sign the DIL and don’t make the maintenance payment.

        2. Dr. Jose – what happened to your TS? Did you receive DIL? Please give us an update, it helps the ones who are still in the process. thanks!

  34. A shout out to J! Atta Boy! That’s what I’ve been trying to get across to everyone, STOP stressing, forgetaboutit, move on and enjoy what you have. What can man do to you…..
    NOTHING! I’m proud of you J.

    1. Way to go J and Mary, your encouraging words make mine and perhaps many others’ life so easy. NO MORE TS for me ever and no more worries.

      Thanks,
      Ruth

  35. My timeshare with Wyndham is paid off, but I stopped paying the maintenance fees two years ago. I got a few phone calls and a few letters, but nothing major. Then last year I filed for bankruptcy, and my attorney got them to issue me a DIL. Only problem is that my ex is also on the title, so his name is on the DIL. I have no idea where he is and no contact with him anymore. Nobody is going to notarize the DIL without his signature, so the DIL is useless to me.

    At first I was really stressing about this timeshare. Even after my bankruptcy. But you know what? I don’t care anymore! Look, my credit is already ruined from the bankruptcy….but practically EVERYONE’S credit is ruined right now. Heck, our country is in a depression right now! So why should I be stressed out over this anymore?

    As someone pointed out in another post, nobody here has said that they’ve been sued, taken to court, taken to jail, had charges pressed against them, nothing like that! The worst thing that’s happened is the harassing phone calls and letters. That’s it!

    It hurts me to read these posts and to see how fearful and stressed so many people are about these timeshares. And I understand completely, because I’ve been there, and I’ve felt the stress myself, so I totally understand how everyone feels. But I truly do not believe that it’s worth the stress and worry.

    I’m not proud that I had to file for bankruptcy. And I’ve drastically changed my life so that I never find myself in that position again. It really woke me up. I’m grateful that I now have a fresh start and a clean slate. Bad credit is not the end of the world. More people have bad credit than good right now, anyway. At least, that is my opinion.

    So after what I’ve been through, I’ll be damned if I allow a shady, no good timeshare company to intimidate or harass me into parting with what little money I have. And I strongly encourage all of you who are stressing over your timeshare to stop. Just stop. It’s that simple, please believe me! Don’t give them anymore of your money. It’s a bottomless pit, and we all need that money for other things now…mortgage, car payments, bills, gas, food!

    The main thing that seems to be getting to people is the threatening letters and phone calls. You cannot allow yourself to be intimidated by these! Look, the reason they are so threatening by these two outlets because THAT IS ALL THEY HAVE!! If these companies truly had a leg to stand on in the courts, then that’s the route they would go! If they really stood a chance in court, we would all have been served with court papers by now, right?

    The only thing they have going for them to get their hands on your money is intimidation tactics. Phone calls and letters. That’s it! It’s kind of pathetic if you think about it! The only power they have is intimidation, and they only have that power if YOU allow them to have it. DON’T let them have that power over you!
    If they mail you a letter, tear it up and throw it away! If they are calling you constantly, threaten to sue them for harassment, or simply hang up!

    We all have a lot of worries right now. The U.S. is in a crisis, and we are all suffering right now. Everyone needs to prioritize what they choose to focus on to make their lives easier while we endure this crisis. Timeshare should not even be on your list of things to focus on!

    I hope I’m not sounding preachy, I really don’t mean to come off that way at all. It just genuinely hurts my heart every time I read a posting from someone who is scared, worried and intimidated by these disgusting timeshare companies. I want to tell them that it will be alright! I want to tell them that they should shift their focus onto their families, their homes, their jobs….the things that really matter….because these timeshares do not matter at all.

    I wish I could give you all a big hug. It will be alright. We’ll all be alright. Please be strong. Please don’t worry. These timeshare companies are a joke, and that is how you need to treat them….as a great big joke! Focus on the things that matter….timeshare payments are NOT on the list!

  36. Hi Everyone,

    We just send our deed in lieu yesterday by FedEx. It should reach them today, I kept every paper for my record made copies of them. We never got any threatening calls, we stopped paying in March and whoever called me for promotions or anything regarding my TS I told them how we were fooled and were lied too, I made it a point to get Phone Nos. of reconciliation dept. and whoever can resolve my issue I called them. Once a representative called me demanding fees I told her also about our story that how we got duped into buying TS and there were all lies and we didn’t get what we bought. I think word got out but whatever the reason maybe, last we got the deed to sign and send them back. The Sales guy who sold us the TS called us last week and said that we are going to get our down payment back ( Maybe another lie? maybe not) within 10 days. I am hopeful cause we could use that money for more Imp. stuff in life. Now I am wiser not to trust anyone. I’ll once again keep you posted once I call them back to see whats happening to my TS- thanks – Ruth

    1. Ruth, could you be more specific or give some pointers on what you were mentioning about being fulled and lied to?

      1. Hi Stas,
        At the sales presentation In November 2010 we were told that 3000 points could buy us up to 4 international tickets and 6 nights stay at any hotels. We can book hotels immediately without any advance notice but when we tried to book we didn’t get any availability in 10 different locations, all we got in return was $ 300 vouchers- no tickets and no 6 nights stay. This $ 300 voucher we could use for stay or tickets it was like bargaining for something and actually getting peanuts. When we called the QA manager , she simply said the sales manager will contact you tomorrow which never happened. After calling many times I was told that I can upgrade my points to 10000 ( Meaning I needed to pay more towards my monthly payments) which will get me around $ 1000 vouchers, which was again of no use. I asked them to take the TS back they said they can’t do that, I begged them to downgrade it to lesser value so that my monthly payment will go low. They said they cannot do that , they told me to keep paying or foreclose it and asked me specifically not to call them back again because they were unable to help me. So at that point I was very angry because at the sales pitch they were like we are here to help you, this TS is an investment, you can lower your interest rate and blah blah blah. I feel like such a fool and will never be able to trust anyone in life now. Anyways we decided to stop payment in March and then they just called us one day like 15 time but I never picked up the phone. Later when I did pick up the phone I told the lady what happened with me and that my TS is in dispute. I tried to get as many phone nos. as possible from these customer reps. and made it a point to call all of them and tell them my story. They all were sympathetic but obviously offered no help, because the window to cancel our TS was over. So then we stopped paying our TS mortgage and maintenance fees from March. We got our deed in May. We signed it and send it back with the hope that we’ll receive a letter stating we are removed of all the obligation. This whole 6 months were a nightmare to me as I have 2 small kids and we are way under our house mortgage, with me not working. These TS people have no conscience and hopefully this whole industry goes down soon. Thanks- Ruth

  37. Hi All

    Is there anyone in Canada that has stopped paying their maintenace fees?
    What was the consequences?

    1. Hi, I am Canadian and I bought my timeshare in March 2010 and stopped paying in September 2010. So far my credit is okay and the harassing phone calls and letters have stopped. This week I received a letter that my account has been cancelled.

  38. I totally agree with RON! Have NO fear, just walk away. You can google your particular TS on the internet and find out how many (A LOT) law suits they have against them. Take Ron’s advice, RUN – don’t walk away, and don’t be afraid.

  39. Hi,

    Yes I walked away from my timeshare. There was a minor blip on my credit report about the maintenance fees company. If you are not concerned about the credit hit, then no worries. They don’t want to go near a court – they are criminals. They do better lurking in the shadows and caring people like the lowlife scum they are. They have no legal ability to do anything except asking collection agencies to bother you. They cannot garnish your wages or issue any kind of lien. I have seen here that some of the scum do pretend they can so they can scare people into believing so. Any lawyer can tell you they have no such powers or rights. Walk away. Walk away. Walk away. The only solution to timeshares.

  40. I have no idea, but does anybody out there in this group know? Has anyone had their credit affected from a TS problem? I am in NC, therefore, we are untouchable at least as far as liens against us of any kind. As far as credit, I don’t care.

  41. Hi Mary,Ron and Laura

    Thanks for your replies. Ron the deed in lieu says that once we sign this and send them back they cancel everything from our record. I just talked to a representative and he says that our maintenance fees will be cancelled too, it says in the deed contract on the paper. I am going to copy and keep everything for my record. We are going to get it notarized tomorrow and send them with registered mail. Laura ours is with Hilton grand Vegas. I hope to get a positive reply on this . I’ll again keep all of you posted and let you know in a week or so of whats happening. As for them sending back me a paper saying that we are done with TS, that I don’t know but I am going to call them again in couple of days demanding a letter from them stating we are released of everything. Thanks-Ruth

    1. Thanks for the information. Congratulations, I hope this works out for you! Have a great week.

  42. Thanks, glad I could help. Again, this is PERSONALLY what I would do. Have NO fear, what can man do to you? Trust in the Lord Jesus Christ, and cast all your cares on HIM. That’s real freedom. God Bless.

  43. Either way, if they won’t give you a written settlement, or they foreclose, they may OR may NOT be able to affect your credit rating. As far as I’m concerned, they way our nation is going, WHEN not if its credit rating fails, so do all of ours. I stopped worrying about debts, credit ratings and am much more happy, have NO credit cards or loans except house/car. So much less to worry about. I finally became convinced that the best way to be happy was to let go of what consumed me and what I feared most, which was debt and collectors. This is just my personal opinion regarding the “letting go” part. Legally, they should be agreeable to give you a written statement, paid in full, so to speak, for the deed in lieu of foreclosure, that’s what it means, you are trading your TS for the paid in full outcome.

  44. Hi Ruth,

    I am assuming that your TS is financed in addition to your maintenance fees that you pay each month/year, correct? If so, a deed in lieu of foreclosure allows you to virtually hand over the property in exchange for the debt being cancelled. You must be sure you get it in writing that IF you sign these papers, there will be no further financial or legal recourse on their part. It should get you off the hook. If the $12,000 you’re speaking of is the debt on the TS and if you want to keep the TS, you could possibly negotiate to make up payments, or begin from this point forward by starting your payments again. If you don’t want the TS, just let it go. Remember to get it in writing that this deed in lieu of foreclosure settles the debt once and for all. RELAX!

    1. Thanks for replying back Mary, Thats so sweet of you. No I don’t want anything to do with this TS anymore. They lied to us and promised something else and sold something else to us. I’ll call them and try to negotiate.What if they don’t settle the debt and just wants us to sign the deed, in that case should one sign or just let the TS go to foreclosure? Thanks again– Ruth

  45. PLEASE HELP ME

    Hello everyone,
    I just received deed in lieu of foreclosure. What does this mean? It says to return it to them in 15 days to stop pending legal action. What should I do? Is this good or bad, should I sign the papers or just wait and not reply to them? If I sign the papers do I need to pay them the whole balance of $12,000.. Please, please help me here as I just have 10 days left to reply. Will signing the deed remove me of all ties with the timeshare I no longer wish to own. Please let me know how this process has worked out for you! I’ll keep posting my story again. Ron, Radha, Mary if you are reading this help me out here Please. And I’ll keep posting the updates.
    Thanks,
    Ruth

    1. This sounds weird. Usually a deed in lieu of foreclosure is an option that many owners who only owe maintenance fees and want out. Some companies will offer to receive a deed in lieu instead of going through the foreclosure process. I would have been happy to go this route but since they didn’t want to work with me, I opted for the walk away option (the only other choice really). I can’t imagine you would pay $12000 for something you don’t want. This sounds not right, and possibly a continuation of the scam. Don’t believe the 10 days part either – that also sounds like a scam.

      1. Hi, Ron is correct.

        It has been 3 years since I left Timeshare., Dont pay them, they cant do any thing.
        Just dare…

  46. is there any lawyers reading this?
    http://www.kauai.gov/portals/0/planning/SFVR/Timeshare%20law%20514E.pdf
    Section 514E-11 sec 3.
    does that mean what i think it means? if during sales presentation i was offered a free stay in the hotel “IF I MAKE A PURCHASE TODAY”, without anything written about it, that does violate sec 3 right?
    SEC 5, more than once salesperson referred to this as an investment. He used the “investement” throughout the whole presentation.

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