Legal Question in Real Estate Law in Florida

Timeshare problem

My wife and I purchased a timeshare and divorced soon after. She would not pay and I could not keep up payments. I negotiated a deed in lieu of foreclosure with the orlando, FL company, and they sent us each copies to sign. They received my copy, however my ex fell ill and passed away before completing hers. The timeshare company is not acknowledging my deed in lieu, and I have now recieved foreclosure papers. They have obtained a death certificate for my ex. Should they not have agreed to my deed in lieu that I sent them in good faith? Am I doomed to go through a foreclosure on this, and do I have any other options?

Thank you for your help.


Asked on 8/26/07, 12:06 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Timeshare problem

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If your wife fell ill and passed away, her estate gained ownership of her 50% interest. In order to complete the deed in lieu of foreclosure, you would need to have gotten a deed from her personal representative. Since you did not, the lender had no choice but to proceed with the foreclosure in order to get the title.

Scott R. Jay, Esq.

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Answered on 8/26/07, 2:24 pm


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