[WSBARP] Time Share Liability

[Marvin Benson]

I am helping the family of an older woman with dementia who has  a
timeshare in Hawaii.  The timeshare is demanding that the dues be brought
current and another $2,000 for fees to deed back the timeshare to the
company.

Marvin Benson

On Tue, Jul 16, 2019 at 9:50 AM Roger Hawkes <Roger at law-hawks.com> wrote:

> If it is a deeded piece of real estate, what happens if inheritors just
> don’t pay?  If they don’t take title, the default should not show up on
> their credit report; and default would end up in foreclosure sale; correct?
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Eric Nelsen
> *Sent:* Tuesday, July 16, 2019 9:26 AM
> *To:* 'jeff at bellanddavispllc.com' <jeff at bellanddavispllc.com>; 'WSBA Real
> Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Time Share Liability
>
>
>
> There have been some great conversations on the listserv in the past on
> this topic, but I don't remember any clear solution.
>
>
>
> Note, some timeshares are structured as memberships in an entity, while
> some are actual deed conveyances of minute fractional interests in real
> estate, with covenants on the real estate that create the timeshare
> organization. What you are running into sounds like a timeshare based on
> deed conveyances, and the organization is taking the position that the real
> estate automatically passes on death to the heirs under RCW 11.04.250.
>
>
>
> The problem I have encountered with the real-estate-based ones is, there
> is no actual way to "abandon" real estate. Practically our entire legal
> system is predicated on the notion that land is divisible and somebody owns
> every square inch, everywhere. The inheritance rules are designed to always
> pass real estate on to another person at death, so there is never a gap in
> title.
>
>
>
> I have some creative thoughts (grandiose delusions) about fighting a
> timeshare based on unreasonable restraints on alienation: title held under
> such conditions as to make it effectively unmarketable forever. I've also
> considered doing a chain of disclaimers among the heirs and their
> descendants to the point where the timeshare escheats to the State of
> Washington, and let the State deal with it. There might also be a Consumer
> Protection Act claim to be made in some fashion, maybe.
>
>
>
> Maybe the timeshare company also would take title back, if the client just
> conveyed to them without any cost?
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> SAYRE LAW OFFICES, PLLC
>
> 1417 31st Ave South
>
> Seattle WA  98144-3909
>
> phone 206-625-0092
>
> fax 206-625-9040
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [
> mailto:wsbarp-bounces at lists.wsbarppt.com
> <wsbarp-bounces at lists.wsbarppt.com>] *On Behalf Of *Jeff Davis
> *Sent:* Tuesday, July 16, 2019 8:43 AM
> *To:* 'WSBA Real Property Listserv'
> *Subject:* [WSBARP] Time Share Liability
>
>
>
> Listmates,
>
>
>
> Elderly client, in her 90’s, with money, can no longer use her timeshare
> in Central Washington.  We have tried three different exit services with no
> luck.  Timeshare knows that client has money and has indicated that when
> she passes her children will have to keep paying the maintenance fees.
> Have any of you ever run into this problem?  Doesn’t death end the
> timeshare arrangement?
>
>
>
> Jeff Davis
>
>
>
> W. Jeff Davis, Esq.
>
> BELL & DAVIS PLLC
> P.O. Box 510
> Sequim WA 98382
> Phone No.:(360) 683.1129
> Fax No.: (360) 683.1258
> email: info at bellanddavispllc.com
> www.bellanddavispllc.com
>
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>
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