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Anfi Sales

La Provincia: Anfi Director Declares Lawsuit Between Cazorla Brothers

Over the past couple of days Inside Timeshare has been reporting on the report by La Provincia (6 November) on the case being heard at the Court No. 1 San Bartolomé de Tirajana, between Santiago Santana Cazorla and his brother Miguel Santana Cazorla, for unfair administration of funds and another of imposition of abusive agreements.

It is alleged that Miguel authorised an unjustified payment of indemnity of 718,000€ to Arturo Ramirez for the position of “Institutional General Director”, a position that Santiago Cazorla claims Ramirez did not hold. It is claimed that it was a post created to justify the bonus in a pact instigated by the partners and Miguel Cazorla.

In his lawsuit Santiago Cazorla not only implicates his own brother but also includes some of his most trusted and closest partners such as Arturo Ramirez and including Manuel Fernández and Martin Suárez, who are also administrators of several other companies.

In testimony to the Judge, José Luis Trujillo, who was at the time these event took place the Director at Anfi, spent almost an hour in the presence of his lawyer and legal representatives explaining why this money was paid to Ramirez and what has happened to it.

José Luis Trujillo leaving the Court of San Bartelomé de Tirajana

Another aspect of the Lawsuit alleges that the “Institutional Director” had also provided professional service to Anfi Sales and Anfi Resorts during the periods of 29 March 2012 until 10 April 2018. It is alleged that he did not hold this position for which he was paid and also no contract.

Santiago Cazorla also states in his complaint that the defendants took advantage of their positions as directors of the companies, using their positions “of control of administration to effect this compensation”.

In a document presented to the judge it states that Miguel Santana Cazorla and Manuel Fernández ordered Banco Sabadell to make the transfer from Anfi Sales Accounts. Therefore the Judge has requested from Anfi Sales and Anfi Resorts minutes of the meeting when the Board of Directors agreed the compensation to Arturo Ramirez. The court has also requested the bank to provide all documentation regarding this transfer.

In the next few weeks all four defendants will be summoned before the judge, with Miguel Santana Cazorla appearing on 26 November.

Inside Timeshare will keep you updated on events as they unfold.

One thing about Anfi is they do always keep us riveted with all their (dodgy) dealings, so it doesn’t surprise us one iota that the brothers are now also at loggerheads!

We just wonder how all the members at Anfi feel about what has been going on, after all it is supposed to be their club and it is their money that is being misused. We also ask the question of those who are on the committees and have constantly supported Anfi under the Cazorla’s what they think now and will they continue to be stool pigeons for them?

PDF of the La Provincia article

La Provicia Translation

PDF of the translation

La Provincia Article Translation to English

Friday’s Letter from America

Here we go another Friday’s Letter from America, this week Irene Parker explains reporting a crime to the FBI, regarding timeshare complaints. To us in Europe this appears a little excessive, especially when we take the situation with timeshares purchased in Spain. But in the US, consumers do not seem to have the same protection as those in Europe.

Now for a round up of European news, once again Anfi have been ordered by the High Court in Las Palmas to return over 36,000€ plus legal fees and legal interest to an ex client. In this case the contract was again declared null and void, the main infringement of the timeshare law is once again the contract duration of over 50 years, or what is known as perpetuity. This point has been the subject of many rulings from the Supreme Court.

Still on the subject of Anfi, a Norwegian journalist and Anfi member is starting to ask questions about the accounts for Puerto, Monte and Gran Anfi. It would seem that they are owed huge amounts from Anfi Sales and Anfi Resorts.

At present Inside Timeshare is looking into this and will publish in the near future, suffice it to say, from the copy of the post received, it looks as though there is a substantial amount outstanding. This journalist also asks the question if this is the reason for the lack of maintenance and upkeep at the resort?

More on this subject as and when we get the confirmed information.

Amador Galeca, one of the “Fake” law firms which springs from the Litigious Abogados family has been active again, with Inside Timeshare receiving many enquiries as to if these are genuine.

Once again, these firms are not genuine law firms, they have in place a very elaborate fraud, designed to fool owners into believing they have cases at court. Search Litigious Abogados in the search box, there you will find the story going back around two years.

The unfortunate aspect of this is the frequency with which they change the names of the law firms and the websites. This makes it very difficult for the authorities to keep up on their investigations. The one thing that does help, is the fact the websites are all the same except for the names.

In the end, it is up to you to check if they are genuine before paying these companies, it is no use after you have made the bank transfer, that money is long gone. This is the reason for creating the urgency, with stories such as the director is pleading guilty and the trial is in 3 weeks, so you need to hurry if you want to be part of this claim!

Now on with this week’s Letter from America.

How to Report a Crime to the FBI

graph

By Irene Parker

January 19, 2018

There has been a change in strategy in reporting to the FBI if timeshare members feel they meet the definition of white-collar crime, financial institution fraud defined as “deceit, concealment, violation of trust, bait and switch.”

I’m still recovering from the comment Anthony Davis posted January 11 in response to one of my articles. Anthony wrote that he recorded a timeshare sales presentation. Anthony is an army vet, 90% disabled after serving three tours in Iraq and Afghanistan. Coincidentally, someone who works in law enforcement contacted me just after I spoke with Anthony, informing us they wanted to donate a GoPro Hero 5 Session camera. My husband and I picked up the camera and drove to Orlando to meet Anthony and Ashley. They came to Orlando because they said they were required to attend a mandatory timeshare presentation scheduled for January 13th. This was their second required new member orientation and they had to bear the air and Uber expense to travel from Tennessee to Florida for two days, just to attend the orientation. Armed with our new GoPro, we recorded an interview with Anthony and Ashley. We also recorded the recording of the orientation.

https://www.youtube.com/watch?v=phUjnrIG3bI

The next morning, alarmed at what I had heard on the recording, I contacted the FBI. It took a while to explain the significance of this recording, because the FBI is not as familiar with timeshare as they are with say, terrorism, but the agent took the time to understand. At the end of our conversation agent #2222 (I did not ask permission to use his real number) concluded timeshare members need to call their local FBI field office and report orally through the FBI public access line, selecting option #4, white-collar crime. I thought he was going to dismiss me by sending members to the Attorneys General Offices! Here are the FBI field offices:

https://www.fbi.gov/contact-us/field-offices

Previously, FBI agents had advised me to direct members to the IC3.gov portal. This is the FBI’s online complaint site. Filing at IC3.gov is similar to filing an online AG complaint. Timeshare members who feel they have been a victim of deceit and bait and switch should still file with IC3.gov, in addition to filing orally with your local FBI field office. Here’s the IC3.gov link:

https://www.ic3.gov/default.aspx

From the FBI website (my comments are in italics)

Mortgage fraud is a subcategory of Financial Institution Fraud. It is crime characterized by some type of material misstatement, misrepresentation, or omission in relation to a mortgage loan which is then relied upon by a lender. A lie that influences a bank’s decision—about whether, for example, to approve a loan, accept a reduced payoff amount, or agree to certain repayment terms—is mortgage fraud.

Inside Timeshare US has received 278 timeshare complaints from readers. Of the 278 complaints, 263 allege that what happened to them meets the definition of white collar crime, “deceit, concealment, violation of trust, bait and switch.” Several timeshare members have reported timeshare sales agents advised them to falsify information, or the agent on their own falsified information, discovered when the member compares what they signed at the time of purchase to the document the timeshare company provides to the member after they asked for a document when pursuing a complaint.

The FBI and other entities charged with investigating mortgage fraud, particularly in the wake of the housing market collapse, have broadened the definition to include frauds targeting distressed homeowners.

This includes distressed timeshare members as a timeshare loan is considered a mortgage and is reported as a foreclosure, the same as a home mortgage foreclosure. However, timeshare attorney Mike Finn of the Finn Law Group did sue Bluegreen and managed to get foreclosed knocked down to “charged off” on behalf of 11,000 Bluegreen members and, going forward, Bluegreen no longer reports their timeshare point “take backs” as a foreclosure. Foreclosure is the most damaging hit to a credit report, and according to Mike, timeshare companies tend to pick the most damaging category to report.  

There are two distinct areas of mortgage fraud—fraud for profit and fraud for housing.

  • Fraud for profit: Those who commit this type of mortgage fraud are often industry insiders using their specialized knowledge or authority to commit or facilitate the fraud. Current investigations and widespread reporting indicate a high percentage of mortgage fraud involves collusion by industry insiders, such as bank officers, appraisers, mortgage brokers, attorneys, loan originators, and other professionals engaged in the industry. Fraud for profit aims not to secure housing, but rather to misuse the mortgage lending process to steal cash and equity from lenders or homeowners. The FBI prioritizes fraud for profit cases.

Timeshare member can relate to this definition! We have compiled three repeat offender summary reports. One of the reports describes highest loyalty members being up-sold to buy more points because they will be able to pay maintenance fees or sell points when no such program exists.

The FBI seeks to maximize its impact on the mortgage fraud and financial institution fraud as a whole through collaboration.

For example, the Bureau operates Financial Crimes Task Forces within several field offices throughout the country that act as force multipliers in addressing large scale financial fraud schemes. Comprised of federal, state, and local regulatory and law enforcement agencies who work together on a daily basis, these tasks forces have been an effective way to merge valuable resources of participating agencies.

By leveraging the skills, knowledge, and resources of various government agencies and private industry, the FBI and its partners are able to bring more perpetrators of fraud to justice.    

Common Mortgage Fraud Schemes (I selected those pertinent to timeshare)

  • Foreclosure rescue schemes: The perpetrators identify homeowners who are in foreclosure or at risk of defaulting on their mortgage loan and then mislead them into believing they can save their homes by transferring the deed or putting the property in the name of an investor. The perpetrators profit by selling the property to an investor or straw borrower, creating equity using a fraudulent appraisal, and stealing the seller proceeds or fees paid by the homeowners. The homeowners are sometimes told they can pay rent for at least a year and repurchase the property once their credit has been reestablished. However, the perpetrators fail to make the mortgage payments and usually the property goes into foreclosure.

The DOJ places timeshare exit scams complaints second only to debt collection complaints. Timeshare exit scams flourish when timeshare companies do not allow a secondary market. This is a 13 page DOJ report on timeshare exit scams:

https://search.justice.gov/search?query=timeshare+fraud&op=Search&affiliate=justice

One new timeshare term I learned is “Viking Ship” comparing fraudulent timeshare transfers to the term used to describe how Vikings put their dead on a ship, set fire to it, and shipped it out to sea.

http://insidetimeshare.com/timeshare-hoa-collections-agent-shares-experience/

Loan modification schemes: Similar to foreclosure rescue scams, these schemes involve perpetrators purporting to assist homeowners who are delinquent in their mortgage payments and are on the verge of losing their home by offering to renegotiate the terms of the homeowners’ loan with the lender. The scammers, however, demand large fees up front and often negotiate unfavorable terms for the clients, or do not negotiate at all. Usually, the homeowners ultimately lose their homes.

Foreclosure is a guarantee, but you certainly don’t need to pay anyone to help you foreclose. These scams say foreclosure meets their promise of a guarantee!

https://www.fbi.gov/investigate/white-collar-crime/mortgage-fraud

Law rights

Thank you to our FBI field offices for even listening to us as no one else is. We appreciate the efforts of Attorneys General but they are limited in their scope. Federal enforcement is needed.

If you need help with a timeshare concern, contact Inside Timeshare or contact one of these U.S. advocacy groups we endorse, feeling they are truly member supported, not influenced by industry.

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

There we have it, timeshare consumers in the US now have another way of fighting back, things across the Great Lake are a little more complicated for timeshare consumers than in Europe.

If you have any questions or comments about this or any other article published, contact Inside Timeshare, we will help you get the best advice possible.

Have a good weekend.

weekend cat

ANFI: Resale Vs On-site Purchase

Inside Timeshare has recently received many enquiries from readers regarding Anfi Resales, which have been private sales either through resale companies, ebay or advertised in newspapers. Would they be better buying those rather than direct from Anfi?

 

As we know, timeshare does not have a great resale value, which many owners who have paid upwards of £15,000 for a basic week have found out. With this also comes very hefty charges for maintenance, which tends to rise each and every year.

 

For those who have purchased privately for very low amounts they have found they do not qualify for any of the benefits which Anfi add on for those who purchase on-site at Anfi. These services such as the Anfi Vacation Club are included in the price when purchasing direct from Anfi, they are not free as many have been led to believe. It is also the case the annual fees are higher for these purchases than for the resale weeks, as these services will be included in the annual fees.

anfi-resale-pageWhat are these so-called benefits?

As a purchaser through Anfi Sales the following are part of the package:

  • Anfi Vacation Club Membership (this allows for internal exchanges)
  • Club and week exchanges (again internal exchanges)
  • RCI Worldwide Exchanges (You can join RCI privately and exchange through them)
  • Springfest 2 for 1 offers (very few and far between)
  • Bonus Weeks (available through RCI anyway)
  • Being able to bank or save weeks (Bank through RCI anyway)
  • Members week offers (never available)
  • Rental programme (only when available, very rare)
  • Anfi buy-back (only when available, very rare)
  • Discounts for on-site services (Restaurants, bars etc, prices are higher than off the resort anyway)

As you can see from the above, you are not actually getting anything for the higher price that you pay when purchasing direct.

Below are some examples of resale weeks advertised either privately or by resale companies.

These four are or have been posted on ebay and Timeshare Hypermarket, what needs to be remembered is that these prices are what the seller believes they can get, most of the time they will sell for a great deal less.
anfi-hyper-1

anfi-2-bed-ebay

This is taken from a Norwegian resale website, a penthouse for week 3, sleeping 6. The price at the current exchange rate is 14,000€ this would sell on-site for upwards of 45,000€

Again this is the price that the owner and the resale company have agreed they believe they can get.
anfi-penthouse-norwegian

These two are advertised on a German resale website, Anfi Beach Club would sell for upwards of  15,000€, Club Monte Anfi for more. Again the prices shown are what the resale company and owner believe they can get, they will more than likely sell for a lot less.
german-anfi-2

So to answer the question is yes you are better off with a resale week, you can join RCI directly and receive the benefits of exchanges through them, purchase the bonus weeks that RCI offer, usually at a better price than Anfi would offer.

As for the so-called discounts, try going off resort to places like Patalavaca and Arguineguin where there is a wider selection of restaurants and bars at much more reasonable prices.

Then when you eventually decide it is no longer for you, you will not be making such a loss as the person you purchased from.

Remember the cost of the timeshare from any resort will always be more than it is actually worth. They do after all have large overheads like the sales staff and marketing costs, these are the bulk of the price that you pay. So if you can pick up weeks for as little as 1500 € which means Anfi over prices the weeks by 90 % ….which is also the reason why the maintenance fees are so high.