[WSBAPT] Probate Creditor Worldmark Timeshare

[Ronald Hendry]

The creditor can foreclose the deed of trust, but can take no further
collection steps.

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jared E. Adams
Sent: Monday, July 27, 2015 12:22 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Probate Creditor Worldmark Timeshare

 

Hello All,

 

I am representing a probate estate with a Wordmark timeshare interest.
Decedent was a single person, and the PR is one of the kids.

 

PR was told by Worldmark at the beginning of the probate to do nothing and
the timeshare interest would simply go away.  To be safe, I mailed a
creditor notice to Worldmark and later a notice to Pinnacle Recovery (the
collection agency that is now involved). Neither the timeshare nor the
collection agency filed a creditor's claim.

 

My client is now receiving harsh letters from Pinnacle Recovery, even though
I wrote them to inform them that the time for creditor's claims has expired.
I was under the impression the interest was merely a membership interest,
but the most recent letter from Pinnacle was a deed in lieu of foreclosure
offer.

 

My question is, what's the worst thing that can happen if my client
continues to ignore the collection agency?  I am sure others have dealt with
this, and I'd love to get the wisdom of the group.

 

Thanks in advance!

 

Jared

 

 

Jared E. Adams, JD, LL.M.

 

Condie & Adams, PLLC
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(email):  <mailto:jared at condieadams.com> jared at condieadams.com

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