mstoyanov
TUG Member
- Joined
- Jan 4, 2009
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- 260
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If it is not hard to prove maybe you can show us a single successful criminal case against such PCC? I am sorry but there is nothing easy in criminal cases where charges much be proven against much higher standard - "beyond reasonable doubt". And if you think it is clear cut which timeshares are worthless and not (which is not), how can HOA can defend themselves for trying to preserve resort as a timeshare and force people to pay for such worthless weeks? See you never have these problems in residential HOA since real estate property actually have value and HOA will be very happy to foreclose against such property.
It would not be hard to prove when they know going in they can't sell yet take money to do so - fraud. They can try to deed back (as the owner can as well) but that is no defense as the resort has ZERO obligation to take an ownership back while the OWNER has an absolute obligation to pay the fees due on time & in full. No contest in any court. Fraud would be harder but not at all impossible to prove. Once the first case gets won the rest fall in place as the precedent will be set.
They do & have to. It's called foreclosure, it cost the owner nothing in cash and works at every resort. It involves a credit hit but you can't expect to get out of a bad choice YOU made for absolutely nothing - this is as close as you can get. And there are no $3000+ fees required.