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"Old" resale week and title issue [Pahio at KaEoKai]

tfalk

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Just putting this out there, hopefully we are the only ones stuck dealing with this... If you have a 'resale' week that you bought many years ago, you might want to check your title documents...

We bought a resale week on 1992 from Pahio at KaEoKai. At the time, I thought we were
purchasing it directly from the resort and never paid any attention to the deed. BIG mistake...

Apparently KaEoKai had the deed transferred directly from the previous owners to us using
Hawaii Escrow and Title (HET). We tried to ovation the week last year, Wyndham refused it
because they claimed there was 'a cloud' on the title...

As it turns out, the previous owners had a mortgage through a bank in the midwest. They paid
off the mortgage and HET recorded a release. Unfortunately, they recorded it incorrectly. The
release does not point back to the original mortgage, it points to some other document. Based
on that, Wyndham said we needed to get a correct release of mortgage filed.

The bank in the midwest was liquidated in 2011. HET went out of business years ago and this
is past the date that the records had to be retained...

So, we now have a week that we can't sell, can't give away and can't give back to Wyndham.

Only advice we've been given so far is stop paying the maintenance fees and let it go into foreclosure... really nice to know I'm going to have to take a credit it to fix someone else's screwup 26 years ago :(
 

breezez

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Hyatt Pinon Pointe
Hyatt Coconut Plantation
Just putting this out there, hopefully we are the only ones stuck dealing with this... If you have a 'resale' week that you bought many years ago, you might want to check your title documents...

We bought a resale week on 1992 from Pahio at KaEoKai. At the time, I thought we were
purchasing it directly from the resort and never paid any attention to the deed. BIG mistake...

Apparently KaEoKai had the deed transferred directly from the previous owners to us using
Hawaii Escrow and Title (HET). We tried to ovation the week last year, Wyndham refused it
because they claimed there was 'a cloud' on the title...

As it turns out, the previous owners had a mortgage through a bank in the midwest. They paid
off the mortgage and HET recorded a release. Unfortunately, they recorded it incorrectly. The
release does not point back to the original mortgage, it points to some other document. Based
on that, Wyndham said we needed to get a correct release of mortgage filed.

The bank in the midwest was liquidated in 2011. HET went out of business years ago and this
is past the date that the records had to be retained...

So, we now have a week that we can't sell, can't give away and can't give back to Wyndham.

Only advice we've been given so far is stop paying the maintenance fees and let it go into foreclosure... really nice to know I'm going to have to take a credit it to fix someone else's screwup 26 years ago :(

Sorry to here this. I would go see a real estate attorney or speak with one in Hawaii. They may be able to help.
 

Panina

TUG Review Crew: Elite
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Just putting this out there, hopefully we are the only ones stuck dealing with this... If you have a 'resale' week that you bought many years ago, you might want to check your title documents...

We bought a resale week on 1992 from Pahio at KaEoKai. At the time, I thought we were
purchasing it directly from the resort and never paid any attention to the deed. BIG mistake...

Apparently KaEoKai had the deed transferred directly from the previous owners to us using
Hawaii Escrow and Title (HET). We tried to ovation the week last year, Wyndham refused it
because they claimed there was 'a cloud' on the title...

As it turns out, the previous owners had a mortgage through a bank in the midwest. They paid
off the mortgage and HET recorded a release. Unfortunately, they recorded it incorrectly. The
release does not point back to the original mortgage, it points to some other document. Based
on that, Wyndham said we needed to get a correct release of mortgage filed.

The bank in the midwest was liquidated in 2011. HET went out of business years ago and this
is past the date that the records had to be retained...

So, we now have a week that we can't sell, can't give away and can't give back to Wyndham.

Only advice we've been given so far is stop paying the maintenance fees and let it go into foreclosure... really nice to know I'm going to have to take a credit it to fix someone else's screwup 26 years ago :(
Wonder how they will foreclose on the property if cloud is on title. Talk to a real estate lawyer, there has to be a way to fix.
 

tfalk

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I probably should have clarified... the advice to let it go into foreclosure came from
a real estate attorney in Kona who specializes in hawaii title issues... :(
 

tfalk

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Thought I would post an update.... Sometimes, the light at the end of the tunnel isn't always New York :p

Out of the blue, got an email reply from the company that essentially bought the assets of HET years ago
Saying they would look into it. A week or so later, they sent me a copy of a filing with the Hawaii
Bureau of Conveyences correcting the problem! We contacted Wyndham and they are proceeding
with ovation for that week. Hope it's all wrapped up by the end of the year so we can avoid
all the maintenance fees for next year. 2 gone, hopefully DONE with Wyndham soon!
 
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