HelpFamilyPurgeHGV
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I've re-read your words repeatedly for 3 days now@HelpFamilyPurgeHGV So you never made a payment since 2019? This may already be in foreclosure and beyond the statute of limitations. See below.
Here are the timeshare laws for Florida deeds:
Florida – FL, inaction or non-objection results in estate, anti-deficiency foreclosure, but objection leads to judicial, deficiency action: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0721/0721.html
https://www.flrules.org/gateway/ChapterHome.asp?Chapter=61B-37
What this means: You do not need to declare bankruptcy to get out of this because they cannot go after more than your timeshare deed if you do nothing and take certain steps.
However you may get a ding on your credit report but your other alternative is to pay but you said you do not have the money. Florida is a non-judicial anti-deficiency state so if you do NOT object to foreclosure then all HGVC can do is take back your deed to settle. They CANNOT go after your other assets unless you object to foreclosure.
Therefore make it clear that you DO NOT OBJECT TO foreclosure. And tell them you have no assets to go after anyway. So you would be willing to settle for Deed in Lieu of Foreclosure to give them back the deed now to save on legal and court bills and let you walk away.
If HVGC wants money or disagrees, then tell them that you have no objection and walk away. Ignore all emails, snail mail, and do not take calls.
Do NOT talk to collections because they may try to trick you to say that you object to foreclosre and then will take you to court and go after other assets or garnish wages.
DO NOT GIVE THEM ANY MONEY because it restarts the statute of limitations debt clock. Avoid forebearance because that resets the debt clock which might be near the 3 year statute of limitations since you have done nothing since 2019.
Please report back what happens.
Good luck.
Most I understand but some don't
So, earlier people advised differently. I'll tag you in n that comment.
Your statements
This is pur 1st missed payment, will be 2 this month. Does this change anything you say here?
So, the debt timeline begins when, then? After 1st missed pay?
Ding on report:
Already have collections, this will become collections too? Or a foreclosure? Or both?
After it becomes (another) collections or a foreclosure, how long til afterwards to apply for mortgage for a house loan? It won't be in the next 5y but just wondering so we know what to expect.
The words we say are:
"
Yes to foreclosure, we have no assets anyways.
Willing to settle for Deed in Lieu of Foreclosure
"
Correct?
What dkes this mean Deed in Lieu of Foreclosure. I know what deed, in lieu of, foreclosure all means but you said to grant them foreclosure thrn say allow deed in lieu of, so I'm confused. How can I convince them to transfer deed back to them by settling for that in lieu of instead of them just coming after me?
Is the deed in lieu of like a deed buyback thing?
Thank you for being very descriptive we truly appreciate it