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.


Asked on 3/06/09, 10:49 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

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.

*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 3/09/09, 12:10 pm
Mark Russakow Russakow, Ryan and Johnson

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?

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Answered on 3/07/09, 11:50 am


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