Legal Question in Real Estate Law in California
How to get rid of blood sucking timeshare?
My husband and I bought a
timeshare in Las Vegas from the
developer in 2005. Now we want to
get rid of it because we can no longer
afford it. We still have a balance of
$7000 plus $400 annual
maintenance fee. We never used it
and will not use it anyhow. I'm
thinking just let it go through
foreclosure because I just had my
home gone to foreclosure early this
year. Credit rating is not my concern
anymore. However, I'm worry that
the circumstances of letting it go
such us they will file a deficiency
judgement against me, etc. Please
help! I would like to sit down with an
experienced attorney to get some
advise.
2 Answers from Attorneys
Re: How to get rid of blood sucking timeshare?
You need to first determine where the proper forum for this matter exists. By that I mean the property is in Las Vegas, and I assume you are in California. Timeshares have all sorts of different rules depending upon what state they are originated in. Go back through your loan documentation for the timeshare acquistion, and see if there is something in there that talks about the State in which disputes under the timeshare will be litigated. Its called a choice of law clause. This is important, because it will tell you if you need to talk to an attorney in California, Nevada or quite possibly another State. You are very likely looking at the potential for a deficiency. Try to sell it through one of the companies you see advertised frequently, or negotiate with the timeshare holder. You also need to determine where you need an attorney before you sit down with anyone. Good luck.
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Re: How to get rid of blood sucking timeshare?
I would try and sell it through agencies that do this service. Instead of doing foreclosure, have you tried just calling an negotiating a early termination?