Maryland Timeshare HOA Plans to have a sheriff levy my home

[csxjohn]

Off season MD beach weeks regularly rent for less than $200 per week. Even at that price, on most winter weeks there are 1-2 exchangers/renters, 2-3 owners, 2-3 others staying weekend only, and the rest is empty. I think there are 30 units so winter occupancy is somewhere between 5-8 or 30. Ocean Time has a MF of $400 per week. This is about $150-250 less than most OC weeks and part of the reason is that they are so aggressive with those that don't keep up and will not accept deed backs. Even so the HOA owns probably 50 or more off season weeks.

You can't give them away and without totally duping/tricking someone the only ones that will take the weeks are Viking ship type orgs and even that is getting more difficult due to changes that allow the HOA to approve/disapprove transfers. I own a winter week here and would love to be rid of it but I just pay and deposit for 10 tpu's or deposit with DAE.

This is the type resort that has been discussed a lot recently here on TUG. With that many bad weeks it only a matter of time before the HOA owns more and more units that they can't give away.

I will no longer consider owning a resort such as this, it needs to close during the winter or fold completely.

You can't just blame the owners of the bad week either, every owner there shares responsibility for owning at a resort that not viable all year.

At present, depositing into DAE is the most economical solution if you must keep the unit.

 

[tschwa2]

DAE is and isn't a viable solution. About the best that I can get that is something that I could use is a summer week in Williamsburg at my 6th favorite resort. I have 120 tpu's in RCI and even at $40 a tpu, all of my others are in the $5-10 range so it averages out and I can get summer beach weeks in VA, MD, SC, NC plus 4 br Massanutten weeks, Williamsburg almost anytime in my top 3 resorts, etc.

 

[csxjohn]

DAE is and isn't a viable solution. About the best that I can get that is something that I could use is a summer week in Williamsburg at my 6th favorite resort. I have 120 tpu's in RCI and even at $40 a tpu, all of my others are in the $5-10 range so it averages out and I can get summer beach weeks in VA, MD, SC, NC plus 4 br Massanutten weeks, Williamsburg almost anytime in my top 3 resorts, etc.

DAE has no trading power so you can get what ever they get in. I've found that the best way to work with them is to put in a request and they usually fill it.

 

[Miss Marty]

Searched Maryland Court Cases


Ocean Time Condo Council Of Unit Owners
lists/shows 149 case searches to date.

We are the only ones that have had their judgment
recorded twice, once in the county where our t/s
deed was recorded and also in a second county.

I guess everyone else has either paid up,
been foreclosed on or lives out of state.

 

[jlf58]

In Florida there are very few things a debtor can have to get a lien on your house. HOA for that house and maybe tax and or school loans. All else, if your house is homsteaded and you support anyone else including a spouse, they can pound sand

It seems to me that the op and the tuggers that posted here have little experience with judgements. Im no lawyer but without going into specifics, lets just say I do have experience with judgements and foreclosures in Maryland

The 10 % per day is probably just a scare tactic, but the letter otherwise sounds like a standard part of the foreclosure process. and its probably a form letter or template on the lawyers computer, that wasnt edited to reflect the fact that its a timeshare that they are talking about. "Your residence and "the property" almost certainly refer to the timeshare

now, will there be a lien on your personal residence...probably, but thats not the property being sold, at least I dont think so. I cant imagine that they would try to sell your home. There's too much risk that the HOA would end up owning it, with the responsibility to satisfy your first mortgage.

You are being given one last chance to pay up before they sell the timeshare on the courthouse steps. thats all.


thats my opinion based on the short quote you posted here, from what is probably a multi page legal document. Id hire a lawyer to be sure

 

[bogey21]

Easy to say now but this just proves that being careful with what you buy is double important in today's TS world!!

George

 

[Tia]

......
In Colorado real estate market has recovered and people who got scammed with outrageous appraisals and low ball interest rates have gone down with whale droppings. Others, who simply went under water temporarily due to market are now swimming away!

Not so in Western Colorado, dead as door nails over here, maybe a small improvement I have heard but not much...

 

[Carolinian]

On the NC Outer Banks, all the HOA's foreclose only against the timeshare interest, and I think that is the standard procedure anywhere. However, if they got a money judgment, or bid a dollar on a timeshare foreclosure sale, and then got a deficiency judgment for the balance, then such judgments would like also constitute a lien on any other property owned as well. The fact that the OP says they got a judgment in her county of residence as well (probably actually a transcript of judgment), would seem to indicate an intent to go against their residence.

They really do need to seek competent legal advice in their home state. There are quirks in every state's laws on these issues. They should not rely on advice from this board, but seek out an attorney in their home state who can advise them properly.

It seems to me that the op and the tuggers that posted here have little experience with judgements. Im no lawyer but without going into specifics, lets just say I do have experience with judgements and foreclosures in Maryland

The 10 % per day is probably just a scare tactic, but the letter otherwise sounds like a standard part of the foreclosure process. and its probably a form letter or template on the lawyers computer, that wasnt edited to reflect the fact that its a timeshare that they are talking about. "Your residence and "the property" almost certainly refer to the timeshare

now, will there be a lien on your personal residence...probably, but thats not the property being sold, at least I dont think so. I cant imagine that they would try to sell your home. There's too much risk that the HOA would end up owning it, with the responsibility to satisfy your first mortgage.

You are being given one last chance to pay up before they sell the timeshare on the courthouse steps. thats all.


thats my opinion based on the short quote you posted here, from what is probably a multi page legal document. Id hire a lawyer to be sure

 

[Passepartout]

They really do need to seek competent legal advice in their home state. There are quirks in every state's laws on these issues. They should not rely on advice from this board, but seek out an attorney in their home state who can advise them properly.

I could not agree more!

 

[Carolinian]

They need to have a Maryland lawyer look into that issue. I would go to the courthouse and get copies of everything in the case file to take to the lawyer, which will have him time, and therefore save them some of the fee.

State laws vary on how people can be served. In some states foreclosures may be served by posting on the door of the subject property (the timeshare unit), but that probably would not apply to a money judgment as seems to be the case here.

Paco

I had included this link in my previous post, (without any comment) it is possible to hear a court case without personal service, but service by publication.

http://dictionary.law.com/Default.aspx?selected=1928

It is usually not recommended because it is up to the judge to decide if the plaintiff can meet the burden of proof on "and only when allowed by a judge's order based on a sworn declaration of the inability to find the defendant after "due diligence" (trying hard)"

When you are suing these in mass, it's probably cheaper to just publish all and be prepared to serve those that show up to argue the validity of the service in the court room, their trial date would be dismissed and they would then have 30 days to file an answer . . . .

YMMV in Colorado

 

[chapjim]

Default Judgment means you received some notices of a court hearing and ignored them--bad idea. You might have been able to argue that you had tried to deed the unit back to Ocean Time and they were unresponsive, getting off the hook.

As the others have suggested, it's time to get a lawyer now.

Agree with the second point but the first point is not correct.

A default judgment merely means the respondent did not appear. It does not necessarily mean notices were ignored. The respondent might not have been given proper notice.

 

[Miss Marty]

Default Judgment


The trial dates were postponed several times.

Once for a Hurricane and another time when the
person in charge of HOA was out of the county.

After many attemps and rescheduled trial dates
we decided not to make the 250 mile round trip.

We felt that they would not take our timeshare
deed back even if we did show up for the trial.

Non Summer weeks are worthless and since
RCI has went to TPUs they don`t trade well.

If these were prime time summer vacation weeks
I bet they would have taken our weeks back.
They simply do not want non summer weeks!

After days of research, I have yet to find anything
on the Maryland Court system website that list where
Ocean Time has ever tried to lien a personal residence
instead of foreclosing on the timeshare property deed.

 

[Miss Marty]

Timeshare Owners need help getting rid of their timeshares.

What these smaller timeshares need to really do is to put out flyers or
place bulletin boards in their offices to let people know whats available.
T/S HOA`s need to help owners get rid of their unwanted weeks

 

[pacodemountainside]

The trial dates were postponed several times.

Once for a Hurricane and another time when the
person in charge of HOA was out of the county.

After many attempts and rescheduled trial dates
we decided not to make the 250 mile round trip.
.

As happens with some posts here, clarification by OP sheds totally different light on case at bar!

Reiterating, virtually unanimous laymen opinion here plus Attorney Carolian opinion , OP desperately needs a local attorney sprcializing in these type of matters.

Posting here is a waste of time!

 

[lch]

At the risk of sounding less-than-sensitive, I do not understand the purpose of your recent posts. The timeshare HOA has no obligation or incentive to take your weeks back simply because you don't want them or can't afford them anymore. You said you didn't go to the trial because you felt they wouldn't take your deed back anyway, but the point of appearing in court is to argue your case and have a third party (the court) decide. It seems several of the options suggested in this thread or in resources found in this thread (hire a lawyer, call legal aid, file a Motion to Exempt Property from Execution, ask again if the attorney will take the deed back, etc.) are more productive uses of your time than spending days researching whether the Time Share has filed liens against other owners' personal residences (which doesn't really tell you anything useful about how they are proceeding with respect to your timeshare and residence).

 

[Miss Marty]

Yes, we plan to contact an attorney

Easy to say now but this just proves that being careful with what you buy is double important in today's TS world!! George

We have a timeshare friend that we met about 12 years ago.
She and her husband had just taken a cruise and fell in love
with Fairfield/Wyndham in St Thomas. They paid big bucks
for their week and after they came home, they purchased 2
more timeshares resale. Her husband had health issues and
so she retired and purchased a new home. A few years later
he unexpectly passed away. Now she has one less income
and owns three timeshares that she no longer needs.

If she had purchased her timeshare at Ocean Time and was unable
to keep up her fees, she would be in the same boat that we are in.

 

[Miss Marty]

Its not a perfect timeshare world

Posting here is a waste of time!

Not really,

I want to let others know what can happen
if they do not pay their maintenance fees.

 

[thheath]

At the risk of sounding less-than-sensitive, I do not understand the purpose of your recent posts. The timeshare HOA has no obligation or incentive to take your weeks back simply because you don't want them or can't afford them anymore. You said you didn't go to the trial because you felt they wouldn't take your deed back anyway, but the point of appearing in court is to argue your case and have a third party (the court) decide. It seems several of the options suggested in this thread or in resources found in this thread (hire a lawyer, call legal aid, file a Motion to Exempt Property from Execution, ask again if the attorney will take the deed back, etc.) are more productive uses of your time than spending days researching whether the Time Share has filed liens against other owners' personal residences (which doesn't really tell you anything useful about how they are proceeding with respect to your timeshare and residence).

Agreed, the procrastination route doesn't seem to be working.

Sorry OP, you need to take the bull by the horns and deal with this issue.

Ted

 

[pacodemountainside]

Not really,

I want to let others know what can happen
if they do not pay their maintenance fees.

I think most Tuggers know what happens when they do not pay their creditors no matter what created obligation!

As a landlord, can attest professional dead beats know how to beat system.

But, if one owns home, has bank account, car, other assets, job on the books, etc. creditors will get like they got you.

Just hope they do not record Transcript of Judgment, file Interrogatories on personal status and ask Court for Writ of Garnishment on your pay check which will really piss your boss off!

You ar in deep stuff and need an attorney!

 

[thheath]

Sorry Miss Marty if I was blunt and harsh.

I'm just sad that there hasn't been any progress on the resolution of your problem, nor does there seem to be any on the horizon.

Again sorry,

Ted

 

[csxjohn]

Not really,

I want to let others know what can happen
if they do not pay their maintenance fees.

I think most Tuggers know what happens when they do not pay their creditors no matter what created obligation!
...:

I frequently read here on TUG that no one comes back to tell us what happened to them when they could no longer keep up with MFs and quit paying.

Miss Marty has done that and I thank her.

 

[csxjohn]

What these smaller timeshares need to really do is to put out flyers or
place bulletin boards in their offices to let people know whats available.
T/S HOA`s need to help owners get rid of their unwanted weeks

That may work to get rid of a few of the units but a resort that has so many undesirable weeks, nothing is going to work. They are doomed and it's only a matter of time before the current owners will no longer be able to support the vacant non paying units.

I see this at a resort in the mountains of NC where we are exchanging into this spring. The HOA has a listing on it's web page of units available for $10.

They even have summer weeks on this list. Then they have a page with owners selling their units and the asking price.

Fall units are popular here but how long can it continue like this?

Not too many people familiar with TSs will be jumping on these. The area is easy to trade into and there are many other more desirable places to stay.

http://www.swissmountain.com/index.html

http://www.swissmountain.com/Web Sales Lists.pdf

 

[pedro47]

This is a consumer issue and especially with our growing seniors population. Who are faced with reduce income and rising health care cost. This is my opinion only.

 

[Rent_Share]

I frequently read here on TUG that no one comes back to tell us what happened to them when they could no longer keep up with MFs and quit paying.

Miss Marty has done that and I thank her.

There is a difference between not paying maintenance fees, and not dealing with a lawsuit, unfortunately the HOA has to involve the court system to obtain clear title to resell

 

[SMHarman]

I frequently read here on TUG that no one comes back to tell us what happened to them when they could no longer keep up with MFs and quit paying.

Miss Marty has done that and I thank her.

There is a difference between not paying maintenance fees, and not dealing with a lawsuit, unfortunately the HOA has to involve the court system to obtain clear title to resell

I'll keep defending Miss Marty on this one. She responsibility disposed of all other VOIs. This one is impossible to dispose of and has a HOA with pretty ruthless recovery tactics.

Reading this you realize why owners and attorneys invented the Viking ship.

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