Author
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Topic: Quit Claim Deed
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Ronald Non MemberPosts: 1 From: N. Huntingdon, PA USA Registered: JAN 2002
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posted 01-24-2002 06:04
Has anyone had any experience with a quit claim deed? The Time Share that we have in Kissimee, FL deleted resort name has been raising their maintenance fees to a level that it doesn't make sense to keep the two weeks that we have. I understand that it in some instances you may turn the weeks back into the Resort and relinquish ownership. I don't think this resort will accept one. We are having difficulty selling these weeks and have been down the road where we have been "taken" by Century 21 with no results. Any suggestions on how to handle this dilemna? [Ronald, I know this is your first message and so might not know how things are done on the BBS. I deleted the name of the resort as it was not necessary and could be seen to be an ad. There's enough information there for members to address your problem. M.K.] [This message has been edited by Marina_K (edited 01-24-2002).]
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itrainu TUG MemberPosts: 163 From: Whitehouse, Texas 75791 Registered: DEC 2000
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posted 01-24-2002 06:43
I did a quit claim deed when I purchased a timeshare in Co.The person I bought from paid 8000.00 for the timeshare when originally purchased. I purchased for 1000.00...Be prepared to take a loss...------------------ Susan
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JP TUG MemberPosts: 457 From: Poquoson,VA OceanVillasII NagsHead,NC Week23 Registered: DEC 2000
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posted 01-24-2002 07:04
Ronald, I'm certainly no expert on real estate law, but I don't think a quit claim deed does you any good. As I [a non-lawyer/non-real estate agent] understand it, all a quit claim deed does is say "I hereby relenquish any claim I MAY have in this property to [whomever]". There is NO requirement by your resort to accept the deed. If they won't accept you "turning it back in", then they won't accept you "turning it back in" via a quitclaim deed. The "quit claim" part merely says "I don't necessarily claim to own this thing, but if I DO own it, or any part of it, then I'm giving up all my rights to it".
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Hatrack79 TUG MemberPosts: 1804 From: Denver, CO Registered: OCT 2001
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posted 01-24-2002 08:22
Although my TS experience is limited to 4 months of reading this TUG forum,( I don't own yet), I was under the impression that a week is always worth more than "zero dollars". The resort and/or homeowners' association should be willing to take it for free and sell if for at least a few hundred dollars.You could also list it with Ebay and take any high bid (of even a $1 or more) and essentially give it away. Also, there have been some posts here about donating the TS to charity. There was a lady posting here who took them for some kind of "German Language School"???? and several others mentioned. Perhaps you could join TUG for $15 and have immediate access to the "search" feature and find out more. Best Wishes, Hatrack
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Hoc TUG VolunteerPosts: 4790 From: Huntington Beach, CA Owner: Club La Pension, New Orleans; Nob Hill Inn, S. F.; Pueblo Bonito, Mazatlan; Allen House, London; Custom House, Boston Registered: JAN 2001
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posted 01-24-2002 09:18
Personally, I would just spend $15 on a TUG membership, and use the free classified ad to list it for sale for $50, or some other nominal amount. You can always find someone here who would be willing to take it for next to nothing, no matter what the maintenance fees.
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Laurie TUG MemberPosts: 955 From: NC - Owner: San Luis Bay Inn, Sandcastle (P'town), Beach House, Dikhololo, Sudwala Registered: DEC 2000
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posted 01-24-2002 18:20
By all means do join TUG, but your best bet for the best resale price would most likely be Ebay, because anything near Disney World seems to always get multiple bidders!
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Dean TUG MemberPosts: 2683 From: Disney's Old Key West, Marriott's Grande Ocean, Marriott's Harbour Pt. and La Cabana, Aruba Registered: DEC 2000
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posted 01-25-2002 04:41
quote: Originally posted by Hatrack79: I was under the impression that a week is always worth more than "zero dollars". The resort and/or homeowners' association should be willing to take it for free and sell if for at least a few hundred dollars. Hatrack
I'm not sure I agreee that all weeks are worth owning. When you can rent for less than the maint fees and have no special trade options (like Marriott), I think owning one of those weeks is not reasonable. Then there are the special assessments.Many resorts don't have a resale department or have so many units as they must give them away themselves just to get someone to pay the yearly fees. Having more owners to pay the fees is a good thing from a resort standpoint. ------------------ Dean My Timeshare Page
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tonyg TUG MemberPosts: 6990 From: East Canaan, CT -- Own at:Royal Mayan, Seapointer Registered: DEC 2000
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posted 01-25-2002 05:36
Ronald- First option is to try to sell it, but if you really want out and the resort won't take it back-just stop paying the fees and taxes.------------------ "The problem with the rat race is even if you win, you're still a rat" (Lily Tomlin) ********* http://tonygraz0.tripod.com/
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JimJ TUG MemberPosts: 1087 From: Ruston, LA, USA Own:Landmark Holiday Beach Resort,Paradise Isle,Summit,Bay Club of Sandestin,Mount Amanzi,Strand Pavilion,La Lucia Sands,Durban Sands Registered: DEC 2000
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posted 01-25-2002 06:00
The solution proposed by tonyg is a practical one. It also points out the need for each HOA to have a process to begin foreclosure (or whatever the propoer term is) proceduress fairly quickly so not too many units get too far behind in m/f payments. ------------------ JimJ
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JimJ TUG MemberPosts: 1087 From: Ruston, LA, USA Own:Landmark Holiday Beach Resort,Paradise Isle,Summit,Bay Club of Sandestin,Mount Amanzi,Strand Pavilion,La Lucia Sands,Durban Sands Registered: DEC 2000
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posted 01-25-2002 11:12
My guess is that most of the resorts or HOA do not belong to the credit reporing agencies. Now, if you had finaced the week through a fincance agency or bank and still owed on the loan, then you would also be defaulting on the loan and would almost for sure have a negative mark in the crdit files. I didn't interpret the initial problem in this thread to be on a week with a loan balance.------------------ JimJ
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overthehill TUG MemberPosts: 131 From: Seattle, WA USA Registered: DEC 2000
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posted 01-25-2002 12:05
A Quit Claim deed is typically used to clear title as it's main function is to convey any and all interest the Grantor may have in a specific property. As a seller it does just that. As a buyer of real property, one should ask for a Warranty Deed as the Grantor guarantees to a Grantee that the title tranferred is good against almost anything. If a seller doesn't want to provide a Warranty Deed it may signal to the buyer that there may be a defect in the title. (NOTE: I am not an attorney, just a retired mortgage banker living in a community property state where QCD's are often used to clear title or establish lien priority.)
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Mel TUG MemberPosts: 1645 From: N Smithfield, RI - owner: Orange Lake Country Club, Kissimmee FL; Tropical Breeze Resort, Panama City FL Registered: DEC 2000
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posted 01-25-2002 14:40
quote: Originally posted by Hatrack79: I was under the impression that a week is always worth more than "zero dollars". The resort and/or homeowners' association should be willing to take it for free and sell if for at least a few hundred dollars.
Not always the case. If you remain the owner, you are still liable for any maintenance fees that come due (and any taxes, asessments, etc.) so they want you to stay the owner. If you have a decent week, and the HOA has a resale department, they might be willing to take it back - but again only if it is a decent week that they could turn over fairly quickly to a new owner. Otherwise, the remaining owners end up paying a higher share of the maintenance for the resort.
------------------ Melinda Towne Come visit my homepage
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Hoc TUG VolunteerPosts: 4790 From: Huntington Beach, CA Owner: Club La Pension, New Orleans; Nob Hill Inn, S. F.; Pueblo Bonito, Mazatlan; Allen House, London; Custom House, Boston Registered: JAN 2001
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posted 01-25-2002 18:44
quote: Originally posted by Laurie: By all means do join TUG, but your best bet for the best resale price would most likely be Ebay, because anything near Disney World seems to always get multiple bidders!
Ronald's note above indicates he's not looking for the best resale price -- just a clean way to get out. Listing on ebay creates work and contingencies that you don't have to worry about by listing it cheap or free here.
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JeffV TUG MemberPosts: 3835 From: Houston, TX Registered: DEC 2000
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posted 01-26-2002 05:59
Don't count on this. I know that any well managed resort will foreclose on unpaid maintenance fees and report it to credit reporting agencies. It will likely impact your credit rating. quote: Originally posted by JimJ: My guess is that most of the resorts or HOA do not belong to the credit reporing agencies. Now, if you had finaced the week through a fincance agency or bank and still owed on the loan, then you would also be defaulting on the loan and would almost for sure have a negative mark in the crdit files. I didn't interpret the initial problem in this thread to be on a week with a loan balance.
------------------ The latest reviews can always be found at the Western U.S. Review Index Page. This will open an additional browser window.
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Janet TUG MemberPosts: 276 From: Mtn. View CA Owner at Sunburst (Steamboat Springs CO), Sand Pebbles (Solana Beach CA) & Strand Pavilion (So. Africa) Registered: DEC 2000
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posted 01-26-2002 08:51
quote: Originally posted by overthehill: A Quit Claim deed is typically used to clear title as it's main function is to convey any and all interest the Grantor may have in a specific property. As a seller it does just that. As a buyer of real property, one should ask for a Warranty Deed as the Grantor guarantees to a Grantee that the title tranferred is good against almost anything. If a seller doesn't want to provide a Warranty Deed it may signal to the buyer that there may be a defect in the title. (NOTE: I am not an attorney, just a retired mortgage banker living in a community property state where QCD's are often used to clear title or establish lien priority.)
Excellent "layman's" definition! In California we use a "Grant Deed" instead of a warranty deed, but they're virtually synonymous. ------------------ hiteklawyr@aol.com DISCLAIMER: This is general information and does not constitute legal advice. Your state's law may have an impact on your specific situation. Before taking any action based upon this information, it is essential that you consult your own attorney.
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LindaK TUG MemberPosts: 411 From: Kenmore, WA USA Own at: WhiskiJack Village Gatehouse, Continental Plaza PV, Pono Kai-Kauai, Sunterra Pacific, Worldmark Points Registered: DEC 2000
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posted 01-26-2002 13:32
Another option that you might consider if you are in a tax bracket where it makes sense, is to donate your timeshare to a non-profit organization. You will get a tax deduction for the current fair market value of the ownership. There is also an article in the advice section of TUG about donating and getting rid of a timeshare. Feel free to email me if you want more details on how donating works.Linda
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mdmbdumont TUG MemberPosts: 1363 From: Gonic, NH, USA Registered: MAY 2001
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posted 01-28-2002 16:57
I would consider Tony's option if the taxes are part of the condo maintenance fee. If you are billed separate, they will show up on a credit report with all 3 major reporting agencies if you go delinquent. I missed a tax bill on a mobile home I owned once...and the credit report showed it for 7 years, it also showed that it had been paid off when I realized they had not sent me the bill. But occassionally I would have to explain why I had that tax lien.------------------ Michael How bout those Patriots :)
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