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Old May 12, 2009, 08:32 PM   #1
amyjodi13
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transfering a deed on Myrtle beach timeshare

I need info on changing the name on a deed for a time share in Myrtle Beach. No money will be exchanged. All fee are paid and current. Any info Gail
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Old May 12, 2009, 10:37 PM   #2
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Consult an attorney?

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I need info on changing the name on a deed for a time share in Myrtle Beach. No money will be exchanged. All fee are paid and current. Any info Gail
Not that I want to help line the pockets of any lawyer in any state, but unless I am mistaken South Carolina is a state which specifically requires timeshare deed matters to be handled by a SC bar attorney.
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Old May 12, 2009, 11:18 PM   #3
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That requirement applies only to South Carolina commercial real estate transactions (e.g., sales). See this memo from the South Carolina Supreme Court for details.

An individual merely wanting to make a name change (not a sale transaction) can presumably do it himself/herself. However, if the individual doesn't feel comfortable doing it alone (and it's normally best to have a professional involved), an attorney or timeshare closing company should be asked to help. Whether a closing company would be willing to do it without attorney involvement is open to question.
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Old May 12, 2009, 11:20 PM   #4
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See the "How to Sell" article at the top of the Buying, Selling, Renting forum for some suggestions of closing companies to call for info on whether they can help and how much they would charge.
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Old May 13, 2009, 08:07 AM   #5
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Thanks

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That requirement applies only to South Carolina commercial real estate transactions (e.g., sales). See this memo from the South Carolina Supreme Court for details.
Thank you Dave for that clarification and important distinction. I feel better now knowing that the lawyers don't necessarily have their mitts in every single timeshare matter in SC.

OP does not provide details, but it would seem that the degree of legal complexity in a "name change" would surely depend upon the players and the circumstances (e.g., parents voluntarily signing over an ownership to an offspring or other willing relative vs. a back door attempt by a disgruntled ex-spouse to unilaterally "remove" a name without the consent of the "ex").

In any case, your input (as always) is sound and much appreciated.
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Old May 13, 2009, 08:10 AM   #6
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A year ago I didn't know that info. But having moved to South Caroliona, I decided to research the issue in case I ever had cause to engage in a non-sale change in ownership. Inquiring minds....
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Old May 13, 2009, 12:05 PM   #7
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The memo does not say what you indicate. It only speaks to commerical real estate transactions, i.e. business real property. Generally, in most states if a deed is from an one or more individuals to one or more individuals, then one of the parties can prepare it. Any third person who prepares it and is paid for that service must be an attorney licensed in that state.

I have seen one or two of the timeshare closing companies that use properly qualified professionals licensed in the appropraiate state to prepare deeds. Most of them, however, use a layman who may or may not be loosely supervised by an attorney licensed in a different state. I have seen way too many invalid deeds prepared by the unqualified people in that type of timeshare closing company, which is most of them, that I would not recommend one of them to my worst enemy. You would probably have as much luck sending it to someone who emails you from Nigeria in terms of getting it right. There is one timeshare closing company, whose name escapes me, but advertises on TUG which DOES use properly licensed professionals. I am sure that they would be fine.

I would either do it yourself copying the existing deed or hire an attorney. Copying it yourself seems to have better odds of getting it right than one of these out of state timeshare closing companies.
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Old May 13, 2009, 12:33 PM   #8
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Thank you Dave for that clarification and important distinction. I feel better now knowing that the lawyers don't necessarily have their mitts in every single timeshare matter in SC.

OP does not provide details, but it would seem that the degree of legal complexity in a "name change" would surely depend upon the players and the circumstances (e.g., parents voluntarily signing over an ownership to an offspring or other willing relative vs. a back door attempt by a disgruntled ex-spouse to unilaterally "remove" a name without the consent of the "ex").

In any case, your input (as always) is sound and much appreciated.
I am aware of no specific real estate document for a "name change." Any change in the title to real estate requires the preparation of a deed. That said, parties to a transaction who are individuals may prepare their own deed. Should they be doing so is another question, as each state has it own peculiarities when it comes to drafting deeds and recording them.
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Old May 13, 2009, 12:36 PM   #9
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I would either do it yourself copying the existing deed...........Copying it yourself seems to have better odds of getting it right than one of these out of state timeshare closing companies.
I second copying and filing it yourself (by mail). Will probably cost you $25 - $35.

George
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Old May 13, 2009, 12:42 PM   #10
london
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Quit Claim Deed

I sold a timeshare week at Club Regency in Regency Towers last year.

I did it by Quit Claim Deed, and filed it myself with the county at a cost of $10.00.

The resort accepted the Quit Claim Deed, as a valid transfer of ownership.

I sold the winter week for $100.00
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Old May 14, 2009, 12:23 AM   #11
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I sold a timeshare week at Club Regency in Regency Towers last year.

I did it by Quit Claim Deed, and filed it myself with the county at a cost of $10.00.

The resort accepted the Quit Claim Deed, as a valid transfer of ownership.

I sold the winter week for $100.00
A resort accepting it does not really mean anything as to validity. I don't know of any resort that has their attorney review deeds that come in. Management personnel do not know the law to be able to do so, and if it looks like a deed and has two sets of name, they will generally make the transfer on the resort books.

The resort where I served on the HOA board, in its master list of owners list a number of weeks marked ''title problem'' where from one source or another the resort has learned of multiple chains of title, defective deeds, etc. As long as only one putative owner paid a m/f, then they got to use the week. And of course, if they did that enough years, it likely would eventually ripen into good title under the doctrine of adverse possession, although there may be some arguments that adverse possession would not apply to timeshare.

Another resort, in what I belive was an improper expenditure of association funds, spent thousands of dollars to have a local attorney review all existing deeds to weeks at the resort and then try to fix problems, at the association expense. They found quite a few invalid deeds and other problems, and out of state timeshare closing companies were a frequent culprit.
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