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TUGBrian

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if the role of moderator meant the individuals who took upon said role could no longer participate as members of the forum...we'd have no moderators.
 

RX8

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I don't have a dog in the fight, but I do see your point of view and agree. Further, I could forsee a scenario (albeit highly unlikely) where TUG could be forced to legally defend itself for the actions/endorsements of its moderators--which could be considered de facto representatives of TUG--if no 'reasonable' attempt was made to curb such actions. I am not an attorney, and only play one on TV, so I could be way wrong. Though as TUGBrian pointed out, doesn't really matter anyway what we think because he calls the shots.

The moderators are simply TUG Members, not employees, who have volunteered their time to ensure we (including themselves) all get along and play by the rules.

Think of the moderators as the Captains of our football team. They are still team players.

Go Detroit Lions! I was embarrased to say that a few years ago.....
 

Beefnot

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if the role of moderator meant the individuals who took upon said role could no longer participate as members of the forum...we'd have no moderators.

True that. Actually, I was not alluding to which timeshare system or stuff like that (although anyone who endorses Wyndham or Westgate and their disgusting business practices should have their head checked), but was really referring to the endorsement of [quasi]legal services. When it comes down to it, I don't have a problem with LTT and don't care whether Denise or any other moderator thinks they are technically legal or not. I just know that when I eventually have a need for deed preparation services, whether LTT classifies as "jackleg" will not stop me from using them. By all accounts, they are inexpensive, accurate, and quick. Bada boom.
 

rrlongwell

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Found it !!!! Definition

... I did ask a friend who is an attorney and this is what he said: "Since the State of Hawaii does not require the preparer's name to be listed on the deed, the State of Hawaii does not know, and apparently does not care, who prepares the deed." ...

I reviewed the web site of the company in question, and sure enough, it has Hawaii listed with a specific price for the service in question. I called the company and they confirmed they have no licence in Hawaii and do not use any licensed person in Hawaii for the work that is done.

http://www.americanbar.org/content/...model-def/model_def_statutes.authcheckdam.pdf

Hawaii
Fought & Co., Inc. v. Steel Engineering and Erection, Inc., 951 P.2d 487 (Hawaii 1998) In drafting the statutes, the legislature expressly declined to adopt a formal definition of the term "practice of law," noting that "[a]ttempts to define the practice of law in terms of enumerating the specific types of services that come within the phrase are fruitless because new developments in society, whether legislative, social, or scientific in nature, continually create new concepts and -9- new legal problems." Sen. Stand. Comm. Rep. No. 700, in 1955 Senate Journal, at 661; Hse. Stand. Comm. Rep. No. 612, in 1955 House Journal at 783. The legislature recognized that the practice of law is not limited to appearing before the courts. It consists, among other things of the giving of advice, the preparation of any document or the rendition of any service to a third party affecting the legal rights ... of such party, where such advice, drafting or rendition of service requires the use of any degree of legal knowledge, skill or advocacy. Sen. Stand. Comm. Rep. No. 700, in 1955 Senate Journal. at 661 (emphasis added); see also Hse. Stand. Comm. Rep. No. 612, in 1955 House Journal, at 783. Similarly, while it has explored the concept's dimensions, this court has never formally defined the term "practice of law."

From the definition above, it appears this firm is violating the law of Hawaii in doing deed preparation work for timeshares in Hawaii.

Moral of the Story: Buyer beware. Or, in this case, Seller beware of the service you are buying from this company.
 
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slip

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I love how everybody thinks they are lawyers. Some one else will find something
That shows they can legally do the work. If your worried about it don't use them.

I'm going to be up all night now distraught with worry.:hysterical:
 

rrlongwell

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I love how everybody thinks they are lawyers. Some one else will find something
That shows they can legally do the work. If your worried about it don't use them.

I'm going to be up all night now distraught with worry.:hysterical:

I am sorry to here you are distraught over this issue and I guess you may be right about people thinking their an attorney where they are not. I guess someone should talk to the American Bar Association about this because they are the ones that were quoted. They really should do something about that, or maybe the Hawaii Bar Association.

If I were you I would not be distraught over this, unless of course you followed the TUG Moditorator's advice and used the services of this firm in Hawaii.
 

slip

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Your right, if it was a problem Hawaii will or would do something. The one page
You have posted means nothing. In the other millions of legal pages there could
Be a way for them to do this. If this was taking money out of the pocket of
Lawyers in Hawaii, I'm sure they would put a stop to it. Again if your worried
About it don't use them. I'm not worried about it and I would use them.
Everyone can decide for themselves.
 

rrlongwell

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Your right, if it was a problem Hawaii will or would do something. The one page
You have posted means nothing. In the other millions of legal pages there could
Be a way for them to do this. If this was taking money out of the pocket of
Lawyers in Hawaii, I'm sure they would put a stop to it. Again if your worried
About it don't use them. I'm not worried about it and I would use them.
Everyone can decide for themselves.

If the firm that is the subject of this thread is not licenced in the State of Georgia, I would think this might be a bigger problem for them at some point.

Georgia
CODE OF GEORGIA ANNOTATED TITLE 15. COURTS CHAPTER 19. ATTORNEYS ARTICLE 3. REGULATION OF PRACTICE OF LAW
§5-19-50. “Practice of law” defined.
The practice of law in this state is defined as: (1) Representing litigants in court and preparing pleadings and other papers incident to any action or special proceedings in any court or other judicial body; (2) Conveyancing; (3) The preparation of legal instruments of all kinds whereby a legal right is secured; (4) The rendering of opinions as to the validity or invalidity of titles to real or personal property; (5) The giving of any legal advice; and (6) Any action taken for others in any matter connected with the law. It is my understanding that the firm operates from the Great State of Georgia. I do not know what impact, if any, would arise if George moved against the firm on the firms customers.

http://www.americanbar.org/content/d...thcheckdam.pdf
 
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DeniseM

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If the firm that is the subject of this thread is not licenced in the State of Georgia, I would think this might be a bigger problem for them at some point.

Probably not: As posted on the TUG Advice page:

Georgia
Name and Address of person who prepared instrument must appear on instrument
Name and Address must appear typed or printed on the top 3 inches of the first page
Attorney not required to prepare instrument.
 
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rrlongwell

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Probably not: As posted on the TUG Advice page:

Of course, this gives a person in Georgia the right to violate the laws of another state while in their state, I do not think so, but you may be right.

This type of tought process does not surprise me. Forget the law if it is OK with TUG.
 
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DeniseM

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Of course, this gives a person in Georgia the right to violate the laws of another state while in their state, I do not think so, but you may be right.

I did not state nor imply that - you posted incorrect info. about the laws in Georgia, and I posted the facts. Do not put words into my mouth.

This type of tought process does not surprise me. Forget the law if it is OK with TUG.

"TUG" is Brian Rogers - he has made his position crystal clear in this thread. "I" am not TUG - I am a private individual - DeniseM - expressing my personal opinions.
 
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Beaglemom3

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No good deed goes unpunished.

I, for one, appreciate any information on timeshare purchasing, especially with regard to transfer and escrow agencies. I do not interpret this information as legal gospel, but do my own due diligence.



Any time I can be directed towards a reputable company, no matter the source, I find it beneficial.

I find no conflict of interest here, whatsoever. I do find some nitpicking (citing case law and other discussions), but thatjust opens things up to healthy (hopefully) dialogue.

Denise, thanks for reporting your experience. I like your chronology of events. Nice timeline and easy to follow.I will add it to my list of timesharing resources along with the other valuable information given by you and other TUG members and dare I say, moderators.
 
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rrlongwell

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I did not state nor imply that - you posted incorrect info. about the laws in Georgia, and I posted the facts. Do not put words into my mouth.



"TUG" is Brian Rogers - he has made his position crystal clear in this thread. "I" am not TUG - I am a private individual - DeniseM - expressing my personal opinions.

What I posted was from a link run by the American Bar Association. I added the link to that post even though it appeared earlier.

My other comment about TUG was addressing your cite attributed to the "TUG Advice page". The underlined portion does appear to be an interpretation of the law of Georgia. It does not indicate a source.
 
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TUGBrian

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the "closing requirements" page info was provided by a 3rd party timeshare closing service.

if there are inaccuracies in it, ill be happy to change it...nothing is infallible.
 

DeniseM

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My other comment about TUG was addressing your cite attributed to the "TUG Advice page". The underlined portion does appear to be an interpretation of the law of Georgia. It does not indicate a source that it was based on.

Did you go to the advice page and LOOK at the article? - You might be surprised who wrote it...
 

DeniseM

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rrlongwell

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Thank you.. I guess the name of the company doesn't exactly represent their business model then.. :)

Not a risk I'm willing to subject my clients to- although at least it appears they aren't holding money like the Faith closing company fiasco that was promoted and recommended far too often by many people on Tug.

Legal Timeshare Transfers name does appear to me as they are holding themselves out to the public representing they are what the name implies.

Here is how they describe themselves on their website:

"About Us Whether you are the owner or buyer, our goal is to provide you with a worry-free transaction process when you decide to sell or purchase a timeshare vacation.
Our professional, experienced staff will handle the legal document preparation required to complete your timeshare ownership transfer."

There web site name also speaks for itself: http://www.legaltimesharetransfers.com/

On a side note, here is a interesting thread:

http://www.gabar.org/barrules/handbookdetail.cfm?what=rule&id=542
 
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Carolinian

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Of course, this gives a person in Georgia the right to violate the laws of another state while in their state, I do not think so, but you may be right.

This type of tought process does not surprise me. Forget the law if it is OK with TUG.

I'm not sure what the end game would be with Georgia as to their doing deeds in other states illegally. I do know that in states where these acts are felonies, such as they are in North Carolina when money changes hands for the services, they can be extradicted and tried in North Carolina. Hopefully the same is true in Hawaii.

Who in their right mind would want to do business with an entity that as part of their business model regularly commits criminal acts, including felonies? Especially when they have a competitor (and TUG adveriser) which provides the same service at similar prices but complies with the law?
 

Carolinian

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And if that every happens in Hawaii, I will definitely take it into consideration, but right now, Hawaii doesn't know or care who prepares the timeshare deeds recorded in Hawaii....

Assuming that they ''don't care'' is faulty thinking. As I pointed out earlier, the Unauthorized Practice of Law Committee of the NC State Bar ''cared'' before the statute requiring the name on the face of the deed was passed, and would go after people for this very thing when the complaints come it. Changing the statute just made their job easier.
 

Carolinian

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Wyndham has accepted the deed transfer prepared by LTT shortly after the deed was recorded in my case.
Look, we all have our own opinion. You are entitled to choose whoever you feel comfortable to do business with. LTT worked out great for me and my buyer. I will continue to use them and recommend them.

Yeah, and you can choose to buy your liquor from a liquor store or a bootlegger, too. The bootlegger may be cheaper, because he is not following the law,, and his product may be tasty. But he may be making it with an automobile radiator and it may kill you. A faulty timeshare deed will not kill you, but it could cause you some unhappy problems down the road.
 

slip

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I don't claim to be a lawyer and a couple of posts here are not going to make
Me believe these people are felons. Just because someone has a license does
Not mean they can't make an error on your deed. The odds of this are very slim
In both cases.
 
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