Legal Question in Real Estate Law in Nevada

Resort Time Share

Have deeded TimeShare in Nevada. Monthly morgage payment. Can I file a quit-claim deed? Or what happens if I stop payment? Retired, can't rent it or sell, can't afford to use it, need those funds to live on.


Asked on 5/27/09, 6:57 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Resort Time Share

Unfortunately, this is a question of Nevada law, so you need to post it to Nevada attorneys. I do know that in Nevada (let's assume you walk away from the property), they have real estate deficiencies, so it is likely that the lender will foreclose, and pursue a deficiency if one exists. As a purely practical matter (not a matter of law), few lenders will accept a quitclaim deed or a deed-in-lieu of foreclosure on a defaulted property. The foreclosure wipes out any subordinate debts that might have attached to the property. Check with a Nevada attorney, but I fear short of selling the property, you have no really good options.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/27/09, 7:21 pm


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