Sandcastle P'Town Weeks Owners - please check in here

[ChrisH]

Hi

Looking for owners of WEEKS at Sandcastle Resorts - Provincetown for updates and discussions. Please respond here if you wish to be part of a discusssion or kept up to date on news.

Trying to make a list of Sandcastle weeks owners.

If you don't wish to reply publicly - send a private msg.

Thanks

Chris

[Craig]

I own 3 weeks in the Coachman building and have no intention of switching to points. I have not been contacted by anyone yet.

[ChrisH]

Also posted on Southcape thread:

Bk-Pg:23138-185 Recorded: 09-04-2008 Inst #: 46645
Pages in document: 82
Grp: 1
Type: Mortgage Doc$: 2,500,000.00
Desc: SEE INSTRUMENT
Town: MASHPEE Addr: 950 FALMOUTH RD
Town: PROVINCETOWN Addr: ROUTE 6A
Gtor: NEW ENGLAND VACATION SERVICES LLC (Gtor)
Gtee: COLEBROOK FINANCIAL COMPANY LLC (Gtee)

The previous document was the QuitClaim deed releasing the said units in each resort to NEVS for $1.2 million.

This document is the Mortgage between NEVS and Colebrook Financial on those same properties for $2.5 million.
The first several pages (185-196) are the details of the mortgage, subject to insurance of the properties, liens on the properties, defaults, remedies for defaults etc. etc. etc. Typical mortgage stuff.

The next batch of pages (p 197 - 264) listed by resort are the individual units in each resort/building etc. by interval which are included in this mortgage. It lists the Units/intervals which NEVS obtained in the previous quitclaim deed. So if you have a deeded week and did not join Festiva, you unit/interval should NOT be listed.
The final pages 265- 266 list any easements related to the properties such as easements for the electric company etc.

[ChrisH]

Also posted on Soutcape Thread

Bk-Pg:23138-109 Recorded: 09-04-2008
Type: Deed Doc$: 1,200,000.00
Desc: SEE INSTRUMENT

Town: MASHPEE Addr: 950 FALMOUTH RD
Town: PROVINCETOWN Addr: ROUTE 6A

Gtor: BARTH, VINCENT J (AS ID AS TR &O) (Gtor)
Gtor: WOODS, ROBERT P (AS ID AS TR &O) (Gtor)
Gtor: SOUTHCAPE TRUST (BY TR &O) (Gtor)
Gtor: ACQUISITIONS INC (&O) (Gtor)
Gtor: SOUTHCAPE RESORT & CLUB COMMUNITY ASSOCIATION INC (&O) (Gtor)
Gtor: JEC PROPERTIES INC (&O) (Gtor)
Gtor: SAND CASTLE NOMINEE TRUST (BY TR &O) (Gtor)
Gtor: ROYAL COACHMAN CONDOMINUM TRUST (BY TR &O) (Gtor)
Gtor: SAND CASTLE CONDOMINIUM TRUST (BY TR &O) (Gtor)
Gtee: NEW ENGLAND VACATION SERVICES LLC (Gtee)

The contents of this document is a quitclaim deed, releasing the following to NEVS from the above Gtors.

Southcape Trust, recorded June 12, 1987, Book 5771, p 278;
Sandcastle Nominee Trust, recorded Feb. 4, 1986, Bk 4911, p 284
Royal Coachman Trust, dated Apr. 9, 1979, BK 2897, p 273
Sandcastle Condo Trust, dated June 21, 1983, BK 3776, p 115

for $1.2 million to NEVS, LLC 93 Haws Avenue, Hyannis.

Parcel 1 Units of Southcape in Master Deed and Timeshare supplement, July 23, 1982 Bk 3626, p 52, amended Bk 3743, p 281.

Parcel 2 Southcape Units in Master Deed and TS suppl, May 7, 1986, Bk 5937, p64

Parcel 3 Units in Sandcastle Bldg of Master Deed March 22, 1979, Bk 2897, p 242; amended Bk 3052 p 230; Bk 3073, p 308; Bk 3495, p 109.

Parcel 4 Dune Bldg Units, Master Deed June 30, 1983, Bk 3778, p. 78.

The next pages are individual lists of each building/resort which are included in this deed and released to NEVS, LLC. They are only the units which were held by the Gtrs.

Again, apologize for any typos, but I have to open each indiv page, copy down the info, and then retype it in. Cannot cut and paste. Copies are $1/page!

[Fig]

Originally Posted by ChrisH

Also posted on Southcape thread:

Bk-Pg:23138-185 Recorded: 09-04-2008 Inst #: 46645
Pages in document: 82
Grp: 1
Type: Mortgage Doc$: 2,500,000.00
Desc: SEE INSTRUMENT
Town: MASHPEE Addr: 950 FALMOUTH RD
Town: PROVINCETOWN Addr: ROUTE 6A
Gtor: NEW ENGLAND VACATION SERVICES LLC (Gtor)
Gtee: COLEBROOK FINANCIAL COMPANY LLC (Gtee)

The previous document was the QuitClaim deed releasing the said units in each resort to NEVS for $1.2 million.

This document is the Mortgage between NEVS and Colebrook Financial on those same properties for $2.5 million.
The first several pages (185-196) are the details of the mortgage, subject to insurance of the properties, liens on the properties, defaults, remedies for defaults etc. etc. etc. Typical mortgage stuff.

The next batch of pages (p 197 - 264) listed by resort are the individual units in each resort/building etc. by interval which are included in this mortgage. It lists the Units/intervals which NEVS obtained in the previous quitclaim deed. So if you have a deeded week and did not join Festiva, you unit/interval should NOT be listed.
The final pages 265- 266 list any easements related to the properties such as easements for the electric company etc.

Chris, are you saying the total on the quit claim is 1.2 million for each property or 2.4 for both or did they take out a 2.5 million dollar mortgage for only 1.2 million worth of units?

[ChrisH]

Partial Document - just part of the first page Also posted on Southcape forum


Sorry for the typos:

Festiva Resorts Adventure Club
Commonwealth of MA
Public Offering Statement

Developer of the FSAC is Festiva Development Group, LLC, a Nevada limited liability company with a principal address on One Vance Gap Road, Asheville, NX 28805.

The Seller of Club Memberships in MA is New England Vacation Services, LLC, a MA limited liability company with a principal address of 135 E. Hickory, Denton TX, 76201. Pursuant to an Affiliation Agreement between FSAC and NEVS, NEVS has prepared this POS, based upon information provided by FSAC, and is offering Club Memberships for sale in MA for its own account.

The Club is a multi-state, multi vacation site vacation program featuring ….

A purchaser does not acquire real property interest in any Festiva resort or other resort property, nor does he or she acquire title to any Unit. Instead, title to, or the right to use each Unit is held in the name of InterCIty Escrow Services, as Trustee (the ‘Trustee’) under the FSAC and related Trust Agreement.

V. Managing Entities
The operation of the Club is the responsibility of the Association, which is a South Carolina non profit, non stock corporation. The Members of the Association consist of all owners of Points including the Developer, which is deemed to be the owner of all unsold Points. The location of the Associations principal place of business is on Vance Corp Rd, Ashville, NC.
…
The Developer currently controls the Association, and the Developer has the right to retain control of the Association after a majority of Points has been sold.

To assist in its responsibilities, the Association has entered in to the Management agreement with the Manager, Festiva Mgt Group, LLC. A copy of the MGT Agreement is available from the Association upon request. The Manager, an affiliate of the Developer, and is located at One Vance …. The Manager was formed on March 24, 2005. The sole member of the Manager is Festiva Hospitality Grp Inc, a Nevada corporation.

135 E. Hickory, Denton TX, 76201 which is the address of Outfield Marketing.

[ChrisH]

It appears ( I am not a lawyer, paralegal, janitor in a law office - or have any legal knowledge other than what I get from what I read) THAT:

Barth, Woods et al. sold the undeeded weeks at both Sandcatle/Southcape for a total amount of $1.2 million to NEVS and that

Cole Financial then gave NEVS a $2.5 million mortgage on that property in it's entirely which included Southcape, Sandcastle, Royal Coachman and Dunes properties.

and that's if I am reading all this correctly.

Ps If you note the dates on the Barnstable Deeds Records, these transactions were recorded on the exact same date.

[Fig]

Originally Posted by ChrisH

It appears ( I am not a lawyer, paralegal, janitor in a law office - or have any legal knowledge other than what I get from what I read) THAT:

Barth, Woods et al. sold the undeeded weeks at both Sandcatle/Southcape for a total amount of $1.2 million to NEVS and that

Cole Financial then gave NEVS a $2.5 million mortgage on that property in it's entirely which included Southcape, Sandcastle, Royal Coachman and Dunes properties.

and that's if I am reading all this correctly.

Ps If you note the dates on the Barnstable Deeds Records, these transactions were recorded on the exact same date.

Wow, so who got the 1.3 million of excess mortgage money?

[Laurie]

I'm just registering here as requested, plus to complain that my July 2010 week was banked with RCI, but it cannot exchange back into Sandcastle for that month. That's because all of RCI's inventory is rental only for that period. I could rent a unit for $590-something - $650 inc tax.

So if I want to bank my 2011 week and exchange back into a different summer week, I'd probably have to pay. What with increases in mf's and expected special assessments, it's almost cheaper to just rent thru RCI, even in prime summer.

[ChrisH]

I'm not sure about this, but I thought RCI has some rule that they have to have a record of the maintenance fees being paid for the year of your deposit before you could get and exchange on that deposit. I think that's been in place for awhile, but not sure because originally it wasn't that way.

For example, if you deposit your Summer 2010 week in 2009, and you don't pay the maintenance fee until Jan. 2010, then you can't exchange the 2010 week until the resort confirms that payment in Jan. 2010. I think this happened when my daughter wanted to go to Mexico. We had several weeks in there, and when she tried to use a larger unit that was deposited in early January, she couldn't get a confirmation, but when she used a smaller unit, that was from a previous year, it worked fine. Then when we searched more places in Feb. they all worked.

I believe if you want to do the exchange now, you have to pay the maintenance fee now. I would call RCI weeks and ask them about it. It might be the way it works now.

The other thing is, if your trying to exchange for a 2010 Sandcastle week, there may either not be any deposited yet, and/or maybe any that have been deposited, don't have THERE maintenance fees paid for 2010 either - so RCI hasn't released them into the system.

I could be totally wrong, but I would check with RCI.

[Laurie]

My deposit was made last year, Sandcastle doesn't require maintenance fees to be paid in advance to verify with RCI, and RCI used to have plenty of summer weeks for Sandcastle owners to exchange back into. The issue here isn't lack of deposits, it's that RCI pulled them all out of exchange inventory and put them into rental inventory.

I'm not meaning to change this thread into a different topic, I couldn't resist whining about this though, it's a very recent development, maybe since the "enhancement".

Carry on!

[Sandy Lovell]

Chris H is incorrect. Laurie is correct.

Sandcastle is the only 1 of 2 resorts that I have that doesn not require prepayment of MFs in order to deposit the week in RCI. That may change in the future, but for now it is NOT the case. RCI has NO information about MF payments. So if weeks are deposited in RCI they should be available in RCI.

RCI however, as all of us know, have been cherry picking deposited weeks and funneling them off to their rental program. They take the more desirable weeks and rent them off. This is what spawned the latest class action legal action.

In the past shoulder season Sandcastle owners could trade via RCI to get some summer weeks, that just doesn't seem to happen anymore. That has more to do with RCI than with the current situation on the ground at Sandcastle. However if more and more owners give their weeks, and perhaps desireable summer weeks to Festiva, who know what will happen to that inventory.

[Carolinian]

For depositing summer weeks try an indepedent exchange company like:

www.daelive.com
www.htse.net
www.tradingplaces.com
www.platinuminterchange.com

[ChrisH]

NEVMSLLC
Status: Guest
Last Activity: June 21, 2009 03:37 PM
Viewing Thread Sandcastle P'Town Weeks Owners - please check in here @ 03:37 PM

[ChrisH]

This appears to be the website. Has reservations, room accomodations, general info about area- pictures etc. Other info is still blank ie. Owners and Sales.

http://www.sandcastlecapecod.com/

[chark]

We were threatened by both the angry woman in the lobby and the salesman. When we turned down their offer of a meeting, the woman said that we will lose rights by not going to the meeting. Later, the salesman told my husband that we will never be able to exchange for July and August weeks if we didn't buy points.
The woman in the lobby is hurting Sandcastle's reputation; she sits there, glaring at everyone that comes in, no identification as a time share rep, and someone may well believe that she is a Sandcastle rep, when she is not.
Our assessments are going up to pay for these underhanded, aggressive con artists to destroy our resort!

[Sandy Lovell]

Why does it appear that the SA fee is the same for everyone, regardless of the unit size that you own? Is that a normal way to apply assessments?

[chark]

I am going to contact the other resort which we own at for their assessment format. I DO know that they do not charge everyone a flat assessment fee and to my recollection they break every maintenance and operating cost down for each item they are assessing for. In addition, they also show the previous year's expenditures to compare. They are reputable and established, unlike what we are dealing with.
The most suspicious part of the overview, in my opinion, was that there were no breakdowns. If you are asking for that sum of money from people, provide the appraisals...I doubt that such appraisals exist. If you borrow money from a bank, they don't give it without knowing every detail of your finances, I believe that we are their bank, and deserve to know exactly where the money will be spent. And why does everything have to be done at once?

[Craig]

Originally Posted by chark

And why does everything have to be done at once?

DITTO. AGREE WITH YOU %100

[ecwinch]

Originally Posted by chark

I am going to contact the other resort which we own at for their assessment format. I DO know that they do not charge everyone a flat assessment fee and to my recollection they break every maintenance and operating cost down for each item they are assessing for. In addition, they also show the previous year's expenditures to compare. They are reputable and established, unlike what we are dealing with.
The most suspicious part of the overview, in my opinion, was that there were no breakdowns. If you are asking for that sum of money from people, provide the appraisals...I doubt that such appraisals exist. If you borrow money from a bank, they don't give it without knowing every detail of your finances, I believe that we are their bank, and deserve to know exactly where the money will be spent. And why does everything have to be done at once?

I do agree that the owners should receive a detailed budget for the special assessment.

In regard to your annual m/f (assessment), that format is dictated by state statute. It is the Annual Report requirement. Their is no similar requirement for special assessments. Just FYI if you decide to press the issue.

[Genya]

Week onwner that unfortuately signed up with Festiva becasuse they told us that we would have to start paying $1,500 a year for maintence. If we join we would no longer have to pay that fee. We had to sign right away becasue $1,500 is due right away. The week was under both me and my husband's name. I was told to "forge" his name. I did...... sigh...how to I get out of all this. We liked it the way it was....please help... I am sooooo dumb to have fallen for this....sigh

[mweinberg]

It sounds to me like you were defrauded out of your deed. If I were you, I'd try to contact either the Massachusetts Department of Consumer Affairs or a private attorney. You might be able to rescind the deal.

Michael

[e.bram]

Genya:
Who notarized your "husbands" signiture(required for recording the deed)? They are in DEEP doodoo.(Notaries are state appointed)

[PClapham]

Hi- Another owner; just bought it several years ago to exchange. However, I'm fed up with rci and am looking into selling, but would NEVER buy into the Festiva scheme!
Anita
wk 33

[Classylassy523]

I have heard that the documents that people are signing are being notarized in Texas. There certainly isn't anyone in that Owners Services office doing any notarizing.

I believe you about the 'forging'. You are the second owner who has said the same thing. One woman owned multiple units with a friend, and her friend owned one unit outright. The salesman told her it was okay to sign the other woman's name because they were friends.

To make it even worse, this poor woman had no idea she was giving away her property. He had led her to believe the deeds had to be changed because of the change in management. They got 5 units from these people.