[WSBARP] In Rem Foreclosure Matter

[Jan Kelly]

Good morning,

A friend of mine has a foreclosure action on their timeshare located in Arizona.  We called to propose a deed in lieu of foreclosure, but the attorney told me that they were too far in the process and wanted to proceed with summary judgment. She said the complaint is for in rem foreclosure and no monetary damages are being sought. The paragraph above that in the complaint, however, states that plaintiff is entitled to recover its attorney's fees (Florida law). The attorney verbally told me that the complaint needed to have that provision included by law.

The timeshare owner doesn't want the property, but also doesn't want any risk that a foreign judgment would be attached to her residence or other real property. The amount of back fees owed is around $3200, without attorneys fees and costs.

The timeshare created 2 separate accounts, one for her and one for her husband. Her husband historically paid all bills, but he now has dementia and cannot do that. I have a thick file of her notes and letters to the timeshare company, first asking for an invoice that she could pay (and being told that there was no balance due), and then explaining the situation and attempting to resolve the matter. No one ever communicated back with her.

I would love to help her, as my friend. She doesn't really want to hire an attorney for such a small amount, but she does have the money if necessary. She lives here in WA, has property here and in AZ (where timeshare is located); the matter is in Florida courts.

Thank you.

Jan Kelly, JD, MBA
Attorney at Law
JK Law
PO Box 1964
Poulsbo, WA 98370
Direct Line (702) 338-6733
Licensed in Nevada and Washington.

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