Legal Question in Real Estate Law in California

Timeshare - Deed in lieu of foreclosure but CURRENT on payments

We are current on our payments, but haven't used the timeshare and want to give it back. They said we could do a deed in lieu of foreclosure and that it would NOT effect our credit in any way. We just have to pay $235 to transfer title and a cost reimbursment fee. Our only concern is our credit rating. Is it up to the timeshare company to have their own policy about reporting to credit bureaus? I've read answers that say both, this can be reported and others are not affected by it...? Should I ask for it in writing, that it won't be reported? Any other suggestions for finding more info about this? Thank you!


Asked on 1/24/08, 1:46 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Timeshare - Deed in lieu of foreclosure but CURRENT on payments

Well, suppose it is reported? If the facts are reported completely and accurately, how badly can that affect your FICO score? There were no missed payments, just a change of mind regarding continued ownership of this property.

This is not to say that I trust time share sponsors or the three major credit-reporting agencies to handle things properly in all instances, nor do I necessarily believe that Fair, Isaac's credit-scoring formula handles all input properly, but in your circumstance I think it is a reasonable risk to take to get out of a bad situation.

If the information about your deed in lieu gets reported inaccurately, so that it looks like payment problems were a factor, or a credit agency draws the wrong conclusions from an essentially accurate report, you can then take steps to try to straighten things out.

I'd ask for a promise in writing that nothing be reported, but I'd settle for a promise that any report, if made, be truthful and accurate and include the fact that there was no default or even delinquency on your part.

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Answered on 1/24/08, 2:23 pm


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