Legal Question in Real Estate Law in Florida

Timeshare foreclosure/quit claim offered

Over 6 years ago my husband and I were coerced into purchase of a timeshare. For years we tried to get out of it unsucessfully (they refused to acknowledge or return our attempts at contact, even through a lawyer). We even stopped paying them, and until 4 months ago they never even tried to collect. In October we were served with foreclosure papers and allowed to defend ourselves against the charges, which we did, explaining everything that had transpired from their false sales practices to the present. Now we have received from them a Quit Claim deed. Is it true that if we sign this, we will be completely released from any and all ties (esp. debt) related to this ?


Asked on 1/27/03, 12:09 pm

2 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Timeshare foreclosure/quit claim offered

A Quit Claim Deed of and by itself only indicates that you have given up any claim to the real property in question. It does not release you from any liability.

You need to demand a General Release in return for the Quit Claim Deed. I strongly suggest that you retain an attorney to review the documents and serve as your intermediary.

Scott R. Jay, Esq. 305-249-8000

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Answered on 1/27/03, 7:15 pm
David Slater David P. Slater, Esq.

Re: Timeshare foreclosure/quit claim offered

Not without a general release.

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Answered on 1/27/03, 1:10 pm


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