Legal Question in Real Estate Law in Florida

Re: Timeshare Question on stop payment

Attorney Slater's response really only applies if this is a deeded interest timeshare. Many are not, so I wouldn't prepare a deed until you know what type of timeshare you own. What would you sue them for? You owe them the money, not the other way around. As a secured creditor (maintenance fees are secured by your timeshare interest), they can take a number of actions including suspension of your rights, then foreclosure/repossession of your timeshare. They can sue you to recover the fees that are due, and once they have a judgment they can garnish your wages, levy on your bank accounts, and do all kinds of unpleasant things to get you to pay. You say have had it on the market for a year - who is it listed with? If it is not professionally listed, I strongly suggest you contact one of the timeshare only companies (Remax is one I can think of off the top of my head) and sell it for just the past due fees - that would get you out cleanly, and someone else would take over responsibility. If you let it go to foreclosure/repossession, then they can theoretically come after you for a deficiency judgment as well. I would get serious about selling it for nothing but what you owe them plus the costs of transfer.

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Re: Timeshare Question on stop payment

SEnd them a deed and see if they accept.