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Tenerife

Friday’s Letter from America

Welcome to this week’s Letter from America, today we publish another “Nightmare on Timeshare Street”, this is the experience of the Cameron family and their dealing with Westgate. But as usual we bring you some news from Europe.

We start with the headlines in La Provincia published on 18 October 2018

Grupo Anfi denuncia a Santiago Santana Cazorla por “apropiarse” de un barco

La compañía acusa al empresario de sustraer la embarcación y llevársela a Marruecos

Translation:

Grupo Anfi denounces Santiago Santana Cazorla for “appropriating” a ship

The company accuses the businessman of stealing the boat and taking it to Morocco

Santiago Sanatna Cazorla at Court

It centers around Santiago Santana Cazorla “appropriating” a boat which the Anfi Group claims belongs to the company, of which Cazorla owns 50%, as the boat was included in the register of assets of the company until around 1 year ago, when Cazorla decided to transfer it to his name.

The Court of Instruction No1 of San Bartolomé de Tirajana, heard in testimony from Cazorla (17 October 2018), that he purchased the boat in 2012, he transferred the ownership of the vessel to Anfi Group “as part of the payment to forgive a debt”, however, he changed his mind and about the end of 2016 and the beginning of 2017, began procedures to transfer the vessel back to his name.

In his testimony Cazorla assured the court that the vessel was his, something Anfi Group does not agree with, no agreement was reached.

One thing is for sure, we are never short of a story with Anfi!

Following on from Wednesdays article about the fake Tenerife law firm  ADN Alberto Dlendro Nabalez, Litigacionespaña SL, which is part of the Litigious Abogados family, mindtimeshare yesterday published details of another fake “Procurador”, which is more than likely to be one the fake lawyers will be using.

The name of this “Procurator” is Marco Gravinal with the address

Calle Las Calbas 36, Edificio Bala, Oficina 418, Santa Cruz, Tenerife

Which does not even show up on Google maps, so is obviously a fake address.

The website

http://marco-gravinal.com/

Was registered on 31 January 2018 and is due to expire on 31 January 2019, so a short term setup to get as much money from unsuspecting timeshare owners as possible.

The email address is [email protected] which is not linked to the website but is again a free email address provider.

Now for this weeks article.

Our Westgate Purchase was a Recipe for Disaster

Jackie Siegel, wife of Westgate owner David Siegel

By the Cameron family

Friday, October 19

Seeing other Westgate owners talk about their experiences has prompted me to do the same, in the hope that more people will come forward to put pressure on timeshare companies and regulators to take a closer look at timeshare sales practices we feel are unfair and deceptive.

Up in Smoke!

http://insidetimeshare.com/fridays-letter-from-america-24/

The Dashiell’s article

http://insidetimeshare.com/the-tuesday-slot-7/

It is obvious that Westgate, and I believe timeshare in general, has a recipe for success, designed to keep their money rolling in and my money rolling out.

I think I have figured out the secret ingredients!

Step 1: Over promise features and benefits. Add copious amounts of salt with one or two grains of truth.

Step 2: Make them your BFF. Then tenderize customer by forcefully kneading them with one sales pitch after another until they are flattened and easy to manipulate.

Step 3: Quickly gloss over the contract with a nice coating of sugar. Make sure to cover up the actual details of what the customer is buying so that they remain in the dark until much too late for them to cancel their contract. They call this the rescission period and it is quite easy for timeshare sales agents to dodge.

Step 4: Serve on a dirty plate with a fork. I call this plate foreclosure when the buyer finds out you bought something you can’t sell. What product is out there you can’t get rid of?

Step 3: When the customer realizes they have been served a steaming pile of something or other, pretend to be very concerned and run back to the kitchen and hide for months and months. The customer can listen to commercials about why you are happy to have invested in their timeshare while they wait on hold.

Step 5: Finally, when the customer is starting to cause a scene, have the monosyllabic thugs, Greenspoon Marder, eject them from the premises.

The Tennessee AG will be sitting at the next table, pretending like nothing happened while he tucks into his gourmet meal, although I did research and found out the TN AG helped Festiva victims recover $3.5 million.

https://www.tn.gov/attorneygeneral/news/2016/2/24/pr16-04.html

I understand that the consumer needs to take charge here. If there are not enough complaints, as must be the case with Westgate, nothing will happen. I also learned the Consumer Financial Protection Bureau investigated Westgate for two years but dropped the investigation shortly after the presidential election.

https://www.buzzfeednews.com/article/matthewzeitlin/financial-regulators-are-looking-into-americas-largest-times

That’s Westgate owner David Siegel, King of Versailles next to candidate Trump.

Here’s what happened to us

Salesmen, Jonathan Smith, and Mario Pineda (Manager) sold us a timeshare in July 2016 and convinced us that we were making a good, sound financial decision.

They said we were buying something that would:

  • Financially benefit us,
  • Allow us to make money renting our weeks and that they would help with this free of charge,
  • They said we would never have to pay the HOA fees because the rentals would pay for that,
  • They said we would hold a deed to the property and would own this property (Bldg 2041, Villa 302H and 302I).  They left out the part that if you want to sell it nobody wants it,
  • It would be a great tax write off,
  • The equity would keep increasing.

Given all these benefits we signed the contract in good faith, thinking that we would get everything Westgate told us we would get and we would see some return on our “investment” which turned out to be anything but an investment. The reality is that we have not made a penny on this investment. None of the reasons for which we bought this timeshare exist.

While they may define this as real estate, what kind of real estate is worth nothing, except in disaster stricken zones? It is certainly not a tax write-off, it does not gain in value and it would therefore be stupid to pass it on to our family. We would only be passing on a liability.  

On top of all this, our experiences at Westgate locations have been awful. We went to a Westgate property to enjoy time together as a family and wind down. Instead we were pressured to buy more and had our precious vacation time stolen.

The first time we went to Gatlinburg we booked a 3-day trip. We were invited to a presentation. They said it would last 90 minutes but we were held hostage for seven hours! This totally ruined our vacation, plus the loss of what little time we had was the cause of much stress.

All this stress came right back when we had our first full week stay and they tried to do and say anything to get us to upgrade to a more expensive unit and more weeks. They held us again for four hours. The stress of this again completely ruined my vacation.

It was after this last stay I started to have heart pain. When I went to the doctor he said it was stress related. This is when it really hit me that I can’t keep going through the stress of Westgate’s high pressure to buy more and more Westgate. My wife and I work very hard. We don’t get to take many vacations together, so do not enjoy spending our vacation in a bad mood after it feels like we underwent CIA manipulation techniques. Plus, we can’t afford to go through this again.

What Westgate is serving up is no good. We suggest you dine elsewhere.

The Queen of Versailles wants to be Florida’s Governor?

http://floridanationalnews.com/blog/jackie-siegel-for-florida-governor/

Jackie Siegel for Florida Governor?

December 6, 2016

  Well, if you don’t laugh, you’ll cry, I suppose

Thank you to the Camerons for sharing their timeshare story. It is our hope that timeshare companies will read some of these accounts and think about ways to improve customer relations. We encourage members to submit articles, good or bad experiences, but the satisfied customer is less likely to reach out. They are having too much fun vacationing with a product they bought explained properly, compared to the family who feels they were duped.

These self-help websites and Facebooks are resources and provide a way for members to reach out to help other members.

We seek to provide members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

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

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

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

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

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

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

 

  So that is another week over and the start of the weekend, join us again next week and remember to do your homework before engaging with any company. If you are not sure then use our contact page and we will point you in the right direction.

Have a great weekend.

 

Consumer Warning: A New Fake Law Firm in Tenerife Part of the Litigious Abogados Family

Just as we expected after the last article about a new fake law firm in Tenerife, Litigacion Abogados, this one is called ADN Alberto Dlendro Nabalez, Litigacionespaña SL and is another in the family of Litigious Abogados.

The website http://litigacionespanasl.com which is only 14 days old was registered on 3 October 2018 with as usual the registrar hidden by privacy protect. According to the home page the company was formed on Thursday 20 August 1990, a date we have seen before. They also show a fakeCIF number A19626885, which is the same as for Litigaciones SL.

The address is also very familiar

4, Calle de S. Francisco, 4, Santa Cruz, 38001-38002, Tenerife

With the following telephone numbers.

Freephone: 0800 862 0 314

Tenerife Tel: 0034 822 680 013

These numbers are also the same as for Litigaciones SL.

Once again they show photographs of their lawyers, which we have again identified.

Alberto Dlendro Nabalez the founder, who is actually López Saavedra, an Argentinian lawyer.

Manuel Rintas Quejom, who is in fact a lawyer based in Orland called David Haenel.

Valentino Afelergo Barile, so far unidentified.

Juan Iominan Ovaso, who we highlight in an earlier article is in fact the Argentinian Lawyer Alberto Nisman, who was assassinated in 2015. https://en.wikipedia.org/wiki/Alberto_Nisman )

We also have the 2 young ladies from the article on Litigaciones SL http://insidetimeshare.com/start-the-week-litigaciones-sl-a-new-name-in-the-litigious-abogados-family/

Vittoria Tetazi Normez (Actual person identified as Johanna M. Herrero, Born Argentina, and runs a law firm in Boston USA, http://www.johannaherrerolaw.com/attorneys-1/ )

Maria Gosadema Raviya (At present unidentified)

Now for a firm whose website was only registered on 3 October, they have really surpassed themselves, they actually have a case being heard in court on 30 October, and to be part of this case a sum of money has to be paid direct to the “Court Procurator” directly. As yet we do not know what name they will be using for this Procurator.

So we now have a new name with the same old fraud.

This just goes to show how careful timeshare owners must be, if you have any doubts about the authenticity of any caller, email or company you have found on the internet, you should do your homework and check them thoroughly. If you need any help in this, use our contact page and Inside Timeshare will help you make the checks.

Remember, do your homework, you know it makes sense!

More Fake Law Firms Surface

Today we publish another 2 fake law firms, the first is another incarnation of that fake outfit in Tenerife which we have dubbed Litigious Abogados Family.

The new name is Litigacion Abogados with the website

http://litigacion-abogados.com

Which was registered on 5 September 2018 so only a month old, as usual the registrant is hidden using a privacy service.

The address given on the website is one that we have seen before

6, Calle de SAN. Francisco, Santa Cruz, 38001-38002, Tenerife

With the following telephone numbers

Freephone: 0800 862 0036

Tenerife Tel: 0034 822 684 562

The email addresses are once again the @consultant.com which is a free email address provider and not linked to the website.

[email protected]

[email protected]

The website is exactly the same as all previous ones apart from the names of the lawyers, the homepage states that the company was founded on Thursday 2 August 1990 by Juan Drimales Deolaro, pictured below.

The other lawyers are named as

Manuel Doleva Elkulete

Valentin Foga Rehalna

Manuel Selbon Vamilos

So far the actual people in the photographs have not been identified, but rest assured they will have just been taken from images posted on the internet.

We can bet the same format will be used, that your timeshare company is being taken to court and for a fee paid to the procurador (yet to be identified) you can be part of the case. Later you will receive notification that the director of your timeshare company pleaded guilty and to release the funds a tax will need to be paid. We know the rest of the story.

This is a fake law firm just like all the others that have preceded it, do not be taken in by them.

Our second fake law firm is rather interesting, they are called VB Ballesteros y Asociados, the website which looks very professional is

https://vbballesterosyasociados.com/

Registered 5 June 2018 and again the registrant is hidden by a privacy company based in the UK. The address given is

Doctor Fleming s/n, 28032 Madrid.

Telephone number which is a Spanish mobile

0034 634 066 899

With the email address

Email. inf[email protected]

On the About page they give a lawyers registration number 108099 when this is checked with the lawyers register for Madrid there is a lawyer named as Virginia Benítez Ballesteros, who was registered 21 June 2013. Making some checks on this lawyer we did find several references to her, one was her facebook page and she lists where she has studied, which is quite impressive, she also shows she is working for Enveld Capital SA and is Company Secretary and on the Board of Directors. So we can can safely say that whoever is behind this fake law firm is using this young ladies good name and registration number.

Miss Ballesteros has been informed of this illegal use of her name and registration number and no doubt she will take the appropriate legal action, it is just totally despicable that these crooks and swindlers are using the good name of a hard working young lady.

If you have been contacted by either of the above or even by any company claiming to be a law firm, then use our contact page and let us know the details. If you are unsure how to check on the validity of any company, contact us and we will help you find out. It is through your information that we can warn others.

Start the Week: Legalidades Update

Welcome to the first article for October, we begin this week with an update from one of our readers regarding Legalidades Abogados, another of the “fake” law firms which are part of the Litigious Abogados family.

Our reader has received several emails from this outfit including the very convincing “Tax Forms” to pay the Spanish Tax Authorities, all through the bank account of their “Procurador” Ramon Josema Gomerz, with the address being given as:  C/ Consoladores, Edif. Rumba, Oficina 402, S. Cruz, Tenerife, (this address does not exist). Using the website: http://ramonjosemagomerz.com/

With the email address:  [email protected]

Which is not even linked to the website, the website was registered on 3 September 2018 so is just a month old. The registrar is once again hidden by a protection service.

The bank details which have been sent for the client to pay 768.25€ into his account is given as Bankia, with the address: Avda. Santa Cruz, 188, 38600, Granadilla de Abona, Tenerife, there is a bank at this address but it is a Caja Madrid branch and not Bankia.

This amount which has been reduced from the original tax amount demanded to release their award from the court of 21,950€ from 1,536.50€ as “goodwill” gesture from the law firm who will cover the other 50%. Very nice of them to do this, but as we know there is no tax to pay so the amount has not been reduced as a “goodwill gesture” but because the client could not afford to pay the full amount, so they are reducing the amount they are defrauding them of.

Over the past few years we have seen the same scam” being used, along with the various incarnations and websites for these fake lawyers. The one thing that hasn’t changed is the nature of the “scam”, Your timeshare company has been taken to court, but to be part of the case you must first pay the Procurator fees. Then you hear that the  director has pleaded guilty and the court awarded you thousands. But again a fee is required to release the money.

The courts do not work in this manner, there is no tax to pay to release the money, in fact there is no money waiting for you, there has been no court case and no director has pleaded guilty. So if you receive any calls or emails telling you there is a case about to go to court, beware it could be one of these outfits. Click on the pdfs below to see the documentation you are likely to be sent.

Cuenta Escrow Procurador

Redacted Ayuda

Redacted_50%_de_tasas_pagados_como_ayuda

Redacted_Pago_Final_Hacienda

If you are contacted by this group or anything similar and want to know if they are genuine, use our contact page for further information, it is also important that you give us as much information as possible, this will go to help others.

If you have paid any of these fake law firms then use the link below and make a report to the Police Action Fraud website.

https://www.actionfraud.police.uk/

Remember, doing your homework before you pay any money will save you in the end.

In tomorrow’s Tuesday Slot we publish another “Nightmare on Timeshare Street” from a new contributor Wilma Williams, once again they are an elderly couple and her husband is yet another Service Veteran. So join us again tomorrow.

Start the Week: Litigaciones SL A New Name in the Litigious Abogados Family

Another New Name in the Litigious Abogados Family has now come to light, Litigaciones SL with the website:

http://litigaciones.com

This was registered on 5 July 2018, so is only a couple of months old, with the registrant not being shown, as usual it is exactly the same layout and wording as all the others that have come before. The only difference are the photographs of the “new lawyers”. Also according to the homepage the company was founded on Monday 30th August 1990 by Alberto Dilendro Nabalez, now that date in 1990 was actually a Thursday. They also claim to be legally registered in Spain and the Canary Islands with the following CIF number A19626885, which cannot be found on any company registration website.

The address that is shown is one we have seen before with about 4 other companies of this group of “fakes”:

4, Calle de S. Francisco, 4, Santa Cruz, 38001-38002, Tenerife

They use the following telephone numbers:

Freephone: 0800 862 0 314

Tenerife Tel: 0034 822 680 013

The email addresses are as usual not connected to the website but are consultant.com a free email address provider:

[email protected]

[email protected]

Below are the photos of the new lawyers the first being the founder of the company:

Alberto Dilendro Nabalez (Actually identified as López Saavedra of Villarroel Abogados Argentina)

Manuel Rintlas Quejon (This is actually a Florida lawyer called David Haenel)

Valentine Afelergo Barille (Currently unidentified)

Juan Ilominan Ovuso (This is actually Argentinian Lawyer Alberto Niseman, who was assassinated in 2015. https://en.wikipedia.org/wiki/Alberto_Nisman )

On the contact page they show pictures of two young ladies who you will be taking your calls:

Vittoria Tetazi Normez (Actual person identified as Johanna M. Herrero, Born Argentina, and runs a law firm in Boston USA, http://www.johannaherrerolaw.com/attorneys-1/ )

Maria Gosadema Raviya (At present unidentified)

The format of the “fraud” is the same as previously reported on these pages, a case has been lodged with the court in Santa Cruz, Tenerife, on this occasion it is against Petchey Leisure Group. The trial is set for Tuesday 9 October 2018, and the amount being claimed is 18,221€. If the client wishes to go ahead, (which is rather strange, because unless the client had started legal action in the first place no case could have been lodged), they must first pay a “refundable fee” of 784€ to the Court Procurators directly. In this case the procuradores is named as Ramon Gomez and his bank details have been provided, (as usual it will be to his personal account).

So there you have it, another fake website for a fake law firm, once again using photographs of genuine people with fictitious names to try and give credibility. But as usual Inside Timeshare brings you the truth about them and exposes them for what they are “criminals”.

Have you been contacted by a similar firm telling you your timeshare company is being prosecuted or has already been taken to court, have they told you that there is a substantial amount of money lodged with the court, just waiting for you?

If so, contact Inside Timeshare first, do not pay any money, especially by bank transfer, use our contact page and send us the details, we will check them out and publish our findings. It is through your information that others will be warned.

Tomorrow in the Tuesday Slot,we highlight another “Nightmare on Timeshare Street”, a family’s experience with Westgate. So join us tomorrow.

 

The Tuesday Slot with Irene

Welcome to The Tuesday Slot, this week we publish another Veterans “Nightmare on Timeshare Street”, with the introduction by Irene Parker. As with many of the other articles published on Inside Timeshare this is a story from the Veterans own personal experience, these stories have become all too familiar with us at Inside Timeshare, not just from Veterans but also serving members of the armed forces and law enforcement. But first some other news.

It looks like Diamond Resort International have yet another legal action filed against them, this was filed by Labaton Sucharow LLP, on 23 July 2018, on behalf of their clients Local 705 International Brotherhood of Teamsters Pension Fund, under the Securities Exchange Act 1934.

Once again this is a Class Action lawsuit, which others who may be affected being invited to join, further details can be obtained from: www.labaton.com. (See link below).

https://globenewswire.com/news-release/2018/07/25/1542302/0/en/Labaton-Sucharow-LLP-Files-Securities-Class-Action-Lawsuit-on-Behalf-of-Diamond-Resorts-International-Inc-Investors.html

There is another new name has come up on the radar, Martinez Notarias with lady called Victoria Holmes contacting consumers who had dealings in the past with our old friends Ramirez and Ramirez. She claims that they can recover along with compensation what the consumer paid, now the worrying aspect is she knows exactly how much was paid, which only leads us to conclude that she is either working with Ramirez or has managed to get hold of all his old records. We actually believe that she is working with Ramirez.

She sends out to those interested Non Spanish residents tax exemption form, which is downloaded from the internet, once the form is completed it then has to be faxed not posted back. There is no website but there is an email [email protected] which is just a normal Gmail free account,  the telephone numbers being used are:

(+34) 603208693 Spanish mobile

Fax: 070 1197 2107 The code 070 is a personal number.

Personal numbers allow a person or businesses to give out a single phone number, then redirect their incoming calls to different locations as and when they choose. 070 numbers can also be used as temporary numbers. For example, somebody selling a car through classified adverts could set up an 070 number to receive enquiries then disable the number after the car has been sold, rather than publishing their real home or mobile number. So this is not a very good sign!

Another new “fake” Procurador has also been flagged, CARLOS RIHOM IGRAIM, with the website:

http://procuradores-igraim.com

The website was only registered on 25 June 2018 so is only just over a month old, yet according to the website they have been established since 1973 and have over 40 years experience. The email they use is [email protected] which again is not linked to the website but is another free email provider such as gmail or yahoo.

The address they give  Calle Yamun 23, Edif. Ifuami, Oficina 328D, Santa Cruz, 38009, Tenerife, when checking this address on google maps, guess what, nothing comes up!

It appears that this “Procurador” is also part of the Legalidades Abogados setup, (Litigious Abogados family). Remember unless you have instigated any legal action, any call to tell you that your timeshare company is about to be taken to court and you will be in for substantial compensation, it is all a lie, they are after your money and that is all.

Now for this weeks article.

Timeshares Affecting the Lives of our Veterans

Another Veteran Family

A Tahiti Village Timeshare Experience

July 31, 2017

Introduction by Irene Parker

Inside Timeshare reached out to Tahiti Village. I talked to a Tahiti reservation agent. He was very nice, explained Consolidated was bankrupt, and that we would need to contact Soleil Management as to their response to this article submitted by a Tahiti owner, who wishes to remain anonymous. The Tahiti agent took my information and said he would forward to Soleil.  We did not hear back.

By a Discouraged Tahiti Village Member

Inside Timeshare can forward comments to this Tahiti member requesting anonymity.

Nevada and the businesses and agencies operating within it have no intention to do anything about timeshare fraud, so I hope the court of public opinion will be more effective. Please Share my article on your Facebooks to let people know about timeshare business practices and to seek answers to questions you should ask before signing any timeshare contract. If you don’t, you may find yourself stuck in a timeshare trap as we are.

I am writing this article to let people know about our Tahiti Village timeshare experience. I hope to warn other people to ask the right questions, so they don’t find themselves saddled with a timeshare they can’t get rid of. We made our last payment December 2017. I last heard from Tahiti Village in April. We have always had good credit, but now, as seniors, we face foreclosure.

I retired from a ATT & T, so I understand customer service. Our experience with Tahiti customer service has been disappointing. When I wrote good comment cards, Tahiti would respond, but when I submitted our concerns, Tahiti ignored those comments.  

When searching the internet, I found this email address from a member seeking other members who wish to pursue a class action lawsuit against Tahiti Village:  [email protected]

https://www.ripoffreport.com/reports/tahiti-village-scam/las-vegas-nevada-89119/tahiti-village-scam-shannon-deceptive-sales-lies-and-misrepresentation-of-facts-l-1432118

Tahiti Village has a Better Business Rating of A+ despite two of two negative reviews.

https://www.bbb.org/southern-nevada/business-reviews/resort/tahiti-village-vacation-club-in-las-vegas-nv-77371/reviews-and-complaints?section=reviews&reviewtype=negative

We have been Tahiti Village timeshare members since 2008. We enjoyed our Tahiti experience for several years until 2015 when we were steamrolled into purchasing an upgrade. By 2012, things had changed. Once when we checked in, we discovered our unit was nasty, the carpets were worn, the couches ripped. One year there was a bad smell in the master room. They just sprayed deodorizer, which did not help. The next year the microwave did not work. As we were checking out they brought the microwave. This is what our maintenance fees are supposed to cover.

Pressure to upgrade ensued. After one presentation, we felt like we had been held hostage after a four hour sales. We ended up upgrading from a fixed to a floating week with RCI. Since then, many things have happened that have turned what was a bearable irritation into an unbearable nightmare. In addition to seeing the fees rise, we now realize we were pressured into purchasing a timeshare product that we never really wanted in the first place. It is a timeshare product not worthy of what we are paying.

My husband, a Navy veteran, served his country for 20 years. Our Armed Forces Vacation Club benefits far exceed this timeshare. We paid Tahiti our hard-earned money for a product that has never lived up to its billing and has been a source of much stress.

As we explored ways of getting rid of our timeshare, it became apparent that many things we were told were not true, including

  1.    The timeshare is an investment that would appreciate in value,
  2.    We would be entitled to tax breaks,
  3.    We could rent the timeshare to pay maintenance fees,
  4.    The timeshare would be easy to resell, assisted by Tahiti.

So, after 10 years of paying for a timeshare that we were told would appreciate in value, could be rented and could be sold for a profit, we are left disappointed and angry. You can sell a house, even with a mortgage, but it seems there is no way out of a timeshare trap.

At times I stayed at Tahiti without my husband. If he was not with me I was treated markedly poorer. I felt that this is because they would always try to upgrade us if we were staying there together. When my husband was not with me, the customer service was worse, and the rooms were of a lesser quality. If we had a problem, even when staying together, reception would tell us they would look into our concern without ever doing so. One time,I asked for a first floor room because my daughter was on crutches and we ended up with the furthest room on the fifth floor. It seemed the only time we were treated with respect was when they wanted more money. This has been a source of irritation through the years, but not enough to warrant action.

When I wrote directly to Tahiti Village Resort asking to be released from this timeshare, I received no reply. I wrote to Soleil Management. They told me that they were not responsible for any misrepresentations that may have happened at the presentations because they were carried out by Tahiti Village Resort and they were merely the managing agent. Tahiti Village Vacation Club also said they were not responsible for any wrongdoing.

I wrote to ASNY, who claimed to be the developer and seller of the resort, as well as the managing agent for Tahiti Village Vacation Club. They said they were not responsible for any complaints about the quality of our stay and we should contact Soleil Management. They then proceeded to give me the usual spiel about how I signed the contract and they were innocent of any wrongdoing perpetrated by the sales staff. They also said that because we had been customers for 10 years, we had no case so would no longer correspond with us. (Inside Timeshare comment: Where have we heard this before?)

According to Ripoff Report, Tahiti is also known as Consolidated Resorts but have learned Consolidated filed for bankruptcy protection:

https://www.ripoffreport.com/reports/tahiti-village-consolidated-resorts-soleil-llc/las-vegas-california-89145/tahiti-village-consolidated-resorts-soleil-llc-tahiti-village-soleil-management-awsuit-479999

Why is the length of time we owned the timeshare be relevant if we always believed our timeshare was an investment that could be sold if need be? It wasn’t until we wanted to get rid of the timeshare did we learn we had been lied to. If you are in a dead-end relationship and your partner decides to go one step further and punch you in the face after 10 years, should you have no recourse?

So far, we have filed a complaint with the BBB and had our complaint dismissed before any real dialog took place. The Nevada AG referred us to the Real Estate Division. We filed with the Real Estate Division, who said they could not help.

In my opinion, Nevada, and the businesses and agencies operating within it, have no intention to do anything about this so I’m hoping the court of public opinion will be more effective. Please share my article on Facebook to let people know about our Tahiti Village experience and to warn potential buyers to do their homework before buying any timeshare.

Comments from Irene

The public, especially the military, need to be aware that a decision to sign a timeshare contract means signing a contract in perpetuity, often with no secondary market. Maintenance fees have a tendency to increase, so the timeshare can easily become cost prohibitive, even when there is no loan outstanding. Attorneys General investigations and settlements are appreciated, but seem to be only financial speed bumps in the life of a timeshare company. There has been no federal enforcement.

When a timeshare has little to no secondary market, even if you spend $100,000 or more, there is a good chance you might not be able to sell it or even give it back. Scams abound, promising to get you out of your timeshare or your money back. A few of these companies are legitimate, but several readers have reported they did not receive their money back, even when the timeshare returned to the developer due to foreclosure.    

Inside Timeshare has received timeshare complaints from 63 active duty and retired military and law enforcement personnel. Some of the active duty members are concerned about losing their security clearance due to timeshare foreclosure.   

Whistleblowers of America is an organization dedicated to seeking justice for veterans and Active Duty military. WoA presented a Timeshare Advocacy Group™ report to a Joint Committee on Veterans Affairs March 14, 2018. We hope lawmakers will wake up and do something about this. If a timeshare member is helped by our efforts, we encourage a donation to Whistleblowers of America.

www.whistleblowersofamerica.org @whistleP2P

601 Pennsylvania Ave, Washington, D,C.

Statement of

Ms. Jacqueline Garrick, LCSW-C

Executive Director

Whistleblowers of America

Before the

Committees on Veterans’ Affairs

U.S. Senate

U.S. House of Representatives

March 14, 2018

Fraud and Scams Against Veterans:

Although WoA recognizes that it is not inherent within the VA mission to protect veterans from fraud and scams that could cost them their benefits, it suggests that it could be assistive in educating veterans against these unscrupulous tactics. For example, WoA has had multiple complaints from veterans related to timeshare deceit and bait and switch tactics, which are defined by the FBI as fraud for profit.  Often elderly veterans are mentioned as being targeted by the Timeshare Advocacy Group™ which fights for active duty and retired military who fear losing their security clearance, career, homes or other assets.  Foreclosures and financial distress because of these misrepresented investments are happening every day to elderly disabled veterans and their families. In the past, VA has cooperated with the Consumer Financial Protection Bureau (CFPB) over mortgage and other loan scams that caused financial hardships for veterans.  Home loans and timeshare loans are identical as both are reported as foreclosures. WoA asks that Congress consider a role for the VBA Employment and Economic Initiative (EEI) could play in cooperation with CFPB to educate and protect veterans from unscrupulous financial predators and fraudulent practices.

Thank you to our Veteran for their story, they also wished to remain anonymous, also thanks to Irene for the hard work you put in to edit and write the introductions for many of these articles. In Friday’s Letter from America we will be publishing the Better Business Bureau Timeshare Report, which also has some very interesting recommendations to the industry.

If you have any questions, comments or even would like to have your experiences shared with others, then contact Inside Timeshare using our contact page.

Have you been cold called by a company offering any service from resale, claims or relinquishment, or even found one on the internet and want to know if they are genuine, then use our contact page and Inside Timeshare will point you in the right direction.

Remember doing you due diligence and homework will save you your hard earned cash.

Litigious Abogados: Another New Name to the Family.

Our regular readers will be aware that we have been following the many changes in name for almost 3 years, well here is another new name for you, Legalidad Abogados SA, with the website:

http://legalidad-abogados.com

Registered on 20 May 2018

The websites is as usual exactly the same as all the others except for the new names and photographs of the lawyers, which no doubt are photographs of genuine lawyers taken from the internet. We will be trying to identify the genuine people as we have done in the past.

 

The company apparently was was founded by Manuel Midan Embalori (photo below), on Monday 20th July 1990, which was in fact a Friday! They have the CIF Number (National ID Number), is A30458629, which is again not genuine.

 

The lawyers are named as:

Armando Calenam Salderol

Daniel Lominiar Golteras

Carlos Demanar Voltarisa

There address is one that week have seen before, although genuine, they are not there:

Legalidad Abogados S.A.

6-4, Calle de S. Francisco, Santa Cruz, 38002, Tenerife

Freephone: 0800 802 1938

Tenerife Tel: 0034 822 684 515

[email protected]

[email protected]

So what are Legalidad Abogados doing?

Obviously it will be the same ploy they have used in the past, your timeshare company and the director is being taken to court, for a payment to the Procurador you can be included in the case. The Procurador is named as Jesia Elisabeta Eliaz and the money is to be paid into her Bankia account.

Now the case our lucky reader was to be involved in was to be heard at the end of July, this involved his timeshare at Island Village and the director is named as one Mark Rowe, who for those regulars to our pages will know is not a director of Island Village but owns companies such as Hollywood Marketing, The Monster Group of companies, ABC Lawyers to name just a few.

No doubt within days our reader would have received the wonderful news that Mark Rowe pleaded guilty, which somehow no one will ever believe, Mark Rowe pleading guilty!

We also wonder which gang will steal the cheque and cash it, we have had Romanians and Ukrainians, we have heard that the new gang are Croatians!

Whoever they are, there is no legal law firm called Legalidad Abogados, there are genuine lawyers with those names, there is no case case at court and there will definitely not be a cheque sent from the court!

It will be the same old “Fraud” we have seen in the past, don’t fall for their story, the documentation looks real, but it is all fake.

If you have been contacted by this or any other firm with a similar story, then beware, unless you have personally instructed a Spanish law firm to act on your behalf then you do not have a case in court.

The courts do not instruct any company to contact timeshare owners, or to act on the courts behalf. They do not send out cheques and will definitely not instruct another company to investigate a stolen and cashed cheque.

Remember doing your homework, just like our reader, will save you a lot of money. If you are not sure about any company that contacts you or even one you have found on the internet, then use our contact page and we will point you in the right direction.

Another New Name for Litigious Abogados Family

Well here we go again, and another name to add to the family of Litigious Abogados, just a slight change from a previous one, Legalidades Abogados is now Legalidades Tenerife. The lawyer is still Alberto Kalim Ro Galvera, along with Juan Luis Lutabaris, Miguel Halcon Morato and Manuel Goletas Gitano.

The company address is one that has been used before with Legalidades Abogados:

4, Calle San Francisco, Santa Cruz, 38002, Tenerife.

Telephone number are:

Freephone: 08008021916

Tenerife: 0034 822680087

The new website is www.legalidades-tenerife.com and was registered on 16 April 2018, obviously due to the fact that Inside Timeshare has previously identified the photographs of the so-called lawyers they used on previous websites, this one does not have any photographs, the registrant is again hidden by a privacy service. But it is still a fake law firm nonetheless. .

According to the letter sent to our reader, they have lawyers legally authorised to operate in any court of law in Spain, Portugal, Italy and Malta. The growth of the company over the years has been mainly due to numerous cases against timeshare companies.

The letter also states that they are currently involved in a class action for punitive damages against Petchey Leisure Group SL and MGM SL, along with one of their directors Mr Howard Manton.

Apparently their consultants have “gleaned” enough information to lodge a claim on the clients behalf. Their lawyers have successfully lodged the clients claim with the court on Tuesday 5 June 2018, using ref number BOE-S-2018-136. The hearing has been set for Tuesday 19 June 2018 at 12.20 at the Santa Cruz Court No 5.

Well that is very quick work indeed, they obviously have a great deal of influence with the judges and the courts.

The claim amount is for 22,934€ but there is a fee that needs to be paid first, this is for the Court Procurator and is 706€ which has to be paid directly to the Procurator. In this case the Procurator is Elinabeta Yessica Elierz with the address:

Calle Abierta Numero 6, Edificio, Cerebro, 228, 38001 Santa Cruz, Tenerife. This address does not actually exist, it could not be found on google maps or any other searches.

There is no telephone number only an email:

[email protected]

The website www.elinabeta-elierz.com/ was only registered on 29 May 2018, it is not even a month old. The Registrant is also hidden by a privacy service.

The bank account the money has to be paid into by bank transfer is in the name of the Procurator and is  with La Caixa, Avenida Islas Canarias, 2, El Faile, 38632, Santa Cruz de Tenerife. The number at this address is actually an apartment, although there is a bank on the corner of Avda Islas Canarias and Calle Fuerteventura, it is not a La Caixa, the bank is actually a Caja Canarias.

Bank Details Procurator

The other strange thing is the “court” document lodging the case, the defendants are: Petchey Leisure Group SL, Resort Properties SL, Silverpoint SL and Howard Manton. There is no mention of MGM SL, plus we didn’t know that Resort Properties and Silverpoint were linked to Petchey!

Fake Court Document

It is blatantly obvious that the whole scam will be just as we have seen in the past, Next week on probably Wednesday 20 June, the client will be informed that the Director Howard Manton will have pleaded guilty and the court has awarded even more than the original claim. Now the second stage of the scam will kick in, there will be taxes to be paid to release the money, then if they are true to form the third stage will come into play.

This third stage is the envelope sent to the clients with the cheque will arrive opened, the letter from the court will be there but the cheque will be missing. The client will naturally contact Legalidades informing them of the missing cheque. Days later a new company that has been “appointed” by the court will be in touch and inform them that the cheque has been cashed, it did used to be a gang of Romanians, then it changed to Ukrainians, we just wonder what gang it will be this time. Anyway this new firm will need a payment so they can reclaim the lost amount from the bank.

As we have seen in the past this is a very clever and well worked out fraud, the paperwork looks very convincing especially if you do not know what the genuine ones look like.  They are full of official looking stamps, logos of genuine official bodies and the English in the letters is actually quite good.

In the end, this is a fraud, the process of taking a case to court takes a lot longer than these guys claim, from being lodged with the court and the trial date being only 14 days is an absolute miracle!

If you have been contacted by a law firm with a similar story to this, contact Inside Timeshare, your information will help others. Unsure of who is contacting you or just needing to find out if one you have found on the internet is genuine, again use our contact page and we will point you in the right direction.

Doing your homework is going to save your precious hard earned money, don’t let these crooks lead better lives than you with your cash!

Centaurus Mediations & the Silverpoint Connection

Centaurus Mediations SL, CIF: B76750868  C/ Santa Rosa 1- Edificio Royal Palm, Local 3, Arona 38640, Tenerife, is not a new company to our pages, we first highlighted them back in January. The named company Administrator is one Caroline Hibbery who is also the administrator for several other companies, not unusual as these types of enterprises tend to use a front name to protect the actual persons behind them.

The in February it became apparent that Centaurus Mediations SL is one of the companies set up by Mark Cushway and Silverpoint. It was around the time that Silverpoint closed all of their sales decks and staff lost their “jobs”. (Well not all of them, obviously they would be needed in the new enterprises).

Centaurus began contacting Silverpoint members, the difference being from other companies that also cold call is they knew all the details of the clients membership, even down to the fact that they had taken legal action and won!

Centaurus Logo

So what are Centaurus telling these clients?

During the call the agent James, another name that has come up is Alan, tells the clients that even though Silverpoint have lost the cases at court, no one will get paid out. The only way to cancel the contract and get anything back is to go with Centaurus.

So Silverpoint, who sold the illegal contracts in the first place is now contacting their own clients, albeit under the guise of a new name, to help them get out of their timeshare!

Inside Timeshare has been contacted by many readers after these calls, many have even stated that they have cases waiting to be heard at court. Now we do know from experience that members data is often kept by sales staff as an insurance policy in the event of redundancy, but that usually only contains names and telephone numbers. The type of information these readers are being told is basically their entire purchase history.

This only leads to one conclusion, they are using the SILVERPOINT MEMBERS DATABASE!

The email these readers have received after the initial call is signed by James:

Further to our conversation, I am pleased to provide you with an insight into the professional services provided by us at Centaurus Mediations. I’m sure you are aware of the turmoil that has existed over the last few years regarding the timeshare product, its legality and sales tactics adopted by ruthless timeshare sales people. You are also probably aware that recent Supreme Court rulings have turned the tide in favour of the timeshare member.

As I have discussed with you, we here at Centaurus provide solutions for the numerous and varied concerns of the average timeshare member, whether they be concerns over the legality, effectiveness or longevity of your contract or the minefield that exists when solutions to those issues are sought from third parties.

As mediators our roles are to extract you from your commitment with your Timeshare company and introduce you to our recommended registered law firm if necessary. Our services range from extraction from complicated and binding timeshare agreements to the investigation into possible financial compensation on your behalf. Our services are all of a new win no fee nature and in some cases have guaranteed time frames. Should the services of our recommended law firm be required, a no win no fee service is also offered by the firm.

Mediation. In our role as mediators we aim to provide best advice with the sole intention of resolving disputes between our clients and their resort or holiday club.

Kind Regards

James

Centaurus Mediations SL

Registration Nº: B76750868

www.centaurusmediations.com

[email protected]

It would be interesting to see what these services under their “New no win no fee nature”, along with what guaranteed time frames?

It also seems strange that the “recommended law firm offers a no win no fee service”!

Another name that has suddenly cropped up with regards to Centaurus is one Lee Burton, apparently he is well known in timeshare circles, mainly as a bit of a henchman. He is closely associated with Mark Cushway, as well as others in the industry.

Lee Burton

Inside Timeshare has also been informed that this individual is also under investigation for lying to the court under oath, which is known as perjury. A Criminal Denuncia (official police complaint) has also been filed against him on this very matter.

It is believed from our sources that his role is ensure the smooth running of the operation and dealing with any “problems”. Judging by his reputation, a role he is well suited for.

If you have been contacted or taken up the services of this company and no feel that you may be subject to being “defrauded”, then contact Inside Timeshare and we will pass you to a lawyer for free legal advice.

Inside Timeshare would also like to hear from you about any company that contacts you regarding your timeshare, especially if it is with Silverpoint, use our contact page and we will point you in the right direction.

 

Friday’s Letter from America

Welcome to this week’s Letter from America, in this article by Irene Parker with a contribution from Mike Finn of Finn Law Group, we look at the Timeshare Tax Trap.

The Orlando Sentinel has also published an article about Diamond and Orange Lake Resorts sueing Mike Finn, they accuse him of using  “false and misleading” claims in his ads. The article also mentions that Mike is cited by many publications as a successful cancellation attorney who along with other groups monitor timeshare companies, they go on to name the National Timeshare Owners Association and also Inside Timeshare. Mike is a regular contributor and offers valuable insights into the law for Inside Timeshare For the full article click on the link below.

http://www.orlandosentinel.com/business/brinkmann-on-business/os-bz-orange-lake-timeshare-finn-20180404-story.html

But first a new warning from Europe, one of our long standing regulars has been contacted by a new “law Firm”, yes you guessed it, another new name in the Litigious Abogados family from Tenerife.

legalidades-abogados-logo

The new name is Legalidades Abogados, using the same address we have seen before:

4, Calle de S. Francisco, Santa Cruz, 38002, Tenerife

Freephone: 0800 862 0995

Tenerife Tel: 0034 822 250 502

email: [email protected]

email: [email protected]

Once again the address is genuine and shows 2 lawyers plaques on the wall, neither are this one. The email addresses are also not linked to the website, but are ones you can register for free at consultant.com.

According to their website http://legalidades-abogados.com/ they were founded by  Alberto Kalimro Galvera, on Monday 19th July 1990. Again this date in 1990 was actually a Thursday, so once again not very much attention to detail there. They also still insist they have over 15 years presence on the internet, not bad since the website was only registered on 15 March 2018 with the registrant hidden by a privacy company.

After the initial call they send an email which is signed by Angelica Imolintos Lesterno from Departmento Legal. Also attached is a letter of 3 pages with many official looking logos, it is signed by another new name Pablo Ibernas Cavosa.

Here are the new lawyers names and photos, once again probably downloaded from the internet, without the knowledge of the actual persons.

alberto-kalimro-galvera  luciano-emanca-domeras  pedro-arenolde-verandel  gabriel-lindeno-miraldo-203x300  pablo-Ibernas-cavosa-legalidades-abogados-300x201

From left to right: Alberto Kalimro GalverLuciano Emanca DomerasPedro Arenolde VerandelPablo Ibernas Cavosa.

 

In this long winded letter, they go on to say that it is a “no win no fee” arrangement, but as we know from past experience the next stage will be a fee is required for the Procurador. After this there will be a fee to pay “tax” to release the money from the court.

Once again we remind you to be very wary on companies that make these wonderful claims, especially with a “no win no fee” arrangement. Do your homework, you know it makes sense.

Now for this week’s Letter from America.

The Timeshare Tax Trap – A 1099 Loan Forgiveness Tax Liability

$170,000 Diamond Timeshare Points Purchased for no Reason

Timeshare Attorney Mike Finn, a former C.P.A., weighs in

Tax Time

By Irene Parker

April 6, 2018

Two Inside Timeshare readers contacted us alarmed, because they received an IRS 1099 form, informing them of a timeshare tax liability. For one family, this meant possibly an additional $170,000 in income. This would have been bad enough, but the already Platinum Diamond Resort member said they purchased the points to participate in a program that did not exist.

Timeshare members have learned there is little to no timeshare enforcement of timeshare regulations in some states, so by relying on the oral representation clause, timeshare sales agents are allowed to say anything to sell vacation points. The Nevada Real Estate Division has routinely replied to timeshare buyers, “You have no proof,” according to member reports. Today’s family is one of eleven families complaining about the same sales Las Vegas sales agent.

A reminder no one should pay upfront money without checking with us or one of the advocacy self-help Facebooks and websites listed below. Lack of a secondary market for timeshare points gives rise to a flourishing community of scam artists.

This former Diamond member says DRI sales agent Rick Casper, working out of Polo Towers in Las Vegas, told him to buy more Diamond vacation points to eliminate maintenance fees. He and his wife wanted to talk to someone at DRI because they were struggling to pay maintenance fees on the 50,000 DRI points they already owned. This member is a 100% disabled Vietnam veteran, having been exposed to Agent Orange. The former member did not contact us to complain about Diamond Resorts. He wanted to know if there was anything that could be done about the 1099. I did ask why he purchased additional timeshare points from Rick Casper, given Inside Timeshare has received 11 identical complaints about the same Las Vegas sales agent over an 18 month period.    

In 2016 we went to Las Vegas and stayed at Diamond’s Cancun resort and met with Rick Casper. Mr. Casper said if we upgraded, we would be able to cover maintenance fees. However, maintenance fees increased after the upgrade to $16,000 a year. After five hours, my blood sugar was at 400. I was recovering from congestive heart failure. Rick Casper said it would cost us $198,000, $2500 a month in payments for the next 10 years but after ten years we would have no maintenance fees and no loan payment. Rick Casper said, “Then the little people will be paying for your vacation.” He said it would take a year to a year and a half to set up but he would personally handle it. He said since we were only paying $3, he had a guy that could sell points for much more than that and the proceeds would pay for the maintenance fees. I ended up paying a company in Branson MO $1500 to get out of this; but now the IRS has issued us a 1099 which has to be claimed as income. It’s for around $170,000. I’m now 71 years old. I would have been better off foreclosing.

Inside Timeshare has heard from 114 Diamond Resorts members since January 1. By publishing these accounts we hope to inform new timeshare buyers, and existing members upgrading, that the timeshare contract is perpetual, maintenance fees increase, and in most cases there is little or no secondary market.

Buyer Beware Active Duty military and law enforcements are especially affected by a bad timeshare purchase. We are assisting seven in fear of losing their Security Clearance. The ages and branch of military service of the 11 Rick Casper customers, who report being financially devastated as a result of their Polo Tower purchase, include:

  1. Age 69, Army, retired, 21 years
  2. Age 70, 100% disabled, Army, Agent Orange
  3. Age 68, Coast Guard veteran
  4. A stage 4 cancer patient, age 40s
  5. Age 60
  6. Age 69, Gulf War veteran, on 25 meds
  7. Age 61
  8. Age 66
  9. Age 56
  10. Mary Pfeifer, age 72, new complaint not unresolved
  11. Denise Hodgkins, age 56, new complaint, unresolved

I asked my CPA about the 1099. She said they would have referred the tax filer to a tax attorney, so the problem is not that simple. As usual, we went to timeshare attorney Mike Finn of the Finn Law Group. Mike provided an article about this important topic on his Learning Center.

https://www.finnlawgroup.com/learning-center/tax-time-contract-cancellation-timeshare-developer

An excerpt from Mike’s article:

Loan forgiveness

The 1099 form is referencing a large amount which may very well be taxable income! Unlike a mortgage balance forgiven, which would have been spread out over the life of the loan, this possibly taxable sum has been reported to the IRS in one lump sum! Say the amount reported is about $25,000. Say further that your tax bracket is 20%. Your new added tax bill is $5,000, and it’s due April 15th!

So, does this tax form receipt mean that the recipient is stuck with the tax bill for the so-called income? Well, possibly.

Consult with a tax professional before you assume that your receipt of a 1099 form from a timeshare developer automatically means you’re staring down significant tax liability. Understand we are not providing tax advice, merely a possible position that we believe is quite tenable and worth exploring with your own tax advisor. Although it’s accurate for me to state that I was a Certified Public Accountant, it is much more important to note that my C.P.A. licensure has long ago lapsed (because I didn’t choose to keep up with the annual professional education courses necessary to retain my certification). Please take your tax preparation advice solely from your own qualified tax return preparer.

Every tax filer is unique, with differing facts and circumstances. I am not offering, nor should you interpret my comments, as tax advice.

Historically, over the past half dozen years or so, hundreds and hundreds of Finn Law Group clients have received IRS 1099 forms, both 1099A’s and 1099C’s.  The receipt of these forms creates confusion.

I point you to IRS form #982. This is the form that the IRS advises should be filed along with the income tax return itself as a form of supporting schedule, which provides notification to the IRS that the amount presented to them via a 1099 is being acknowledged, but further, that the amount listed should be excluded from the taxpayer’s gross income. The myriad of possible reasons provided on the 982 Form are in and of themselves confusing and difficult to understand. I’m therefore providing my readers what I suggest may be appropriate reasoning in concluding that, in many cases, there should be no “income tax penalty” imposed after successfully negotiating a release of contract with your timeshare resort.

Allow me to provide my argument as to why some forms of debt forgiveness may well be construed as taxable income, and then differentiate the negotiated act of cancelling a timeshare contract and why this transaction therefore logically should be treated differently.

Since “income” generally means a measure of accretion of wealth or value added to your worth, then the cancellation of a debt, when that debt was incurred when you received something of value, should be counted as income because the elimination of the debt liability plus the retention of the item acquired when the debt was incurred increases your net worth. Under this definition of added wealth, the taxing of same would be quite logical.

Applying this argument to the cancellation of a timeshare contractual obligation and its related underlying indebtedness, it’s immediately evident that the cancelled owner has retained absolutely nothing of value. They’ve surrendered their interest in exchange for a debt and/or contract cancellation, but after the transaction they have absolutely no accretion of net worth.

Indeed, they’ve lost anything previously paid on an ‘asset’ they no longer own, so any argument that they’ve achieved and retained income or anything of value because of the contract cancellation is simply not accurate.

In terms of taxpayer reporting requirements, the issue becomes murkier when you apply it to timeshare transactions. Whether or not the industry will ever acknowledge that the resale value of a timeshare interest is minimal at best, what we can establish is that it would be extremely unusual for anyone other than the resort developer to acquire the timeshare interest at foreclosure, and therefore the liquidated basis of the interest will nearly always be zero, or at best a nominal value at foreclosure. Also making the timeshare transaction more complex in terms of following the instructions of either IRS form 982 and/or publication 4681 relating to this issue is determining whether the underlying debt should be viewed as “recourse” or “non-recourse,” given the propensity of the developers to utilize non-recourse based non-judicial foreclosures to recover the interest the greatest majority of the time.

I’ve attempted to avoid becoming overly technical in terms of specifically advising of taxpayer reporting other than to suggest very generally that the filing of the IRS form 982 will most probably be required. Lastly, I do strongly recommend utilizing a professional tax return preparer, as these forms are not at all intuitive.

I earnestly wish that I could offer something less complex to help provide absolute answers to this prominent issue, but I do feel that this is important because the financial ramifications are potentially high.

Respectfully provided,

Michael D. Finn, Esq.

Michael-D-Finn2

Thank you, Mike, for the timeshare accounting lesson. One question I had is,

What is the difference between a 1099 A and a 1099 C?

http://www.koontzassociates.com/pages/know-the-difference-between-a-1099-a-and-1099-c/

Contact Inside Timeshare or one of these self-help groups if you have a timeshare nightmare. We know there are many that use and enjoy their timeshare, some having not faced a need to sell it, or were lucky to purchase from a sales agent that sold the product as the product is intended.

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/

Deceptive

Elder Abuse:

https://www.fbi.gov/news/stories/elder-fraud-charges-announced

All of the schemes have one goal: to trick and deceive senior citizens into turning over their hard-earned savings. Last year, the FBI opened more than 200 financial crime cases that involved elderly victims, Bowdich said. The investigations covered a range of crimes, from investment frauds to reverse mortgage scams.

Thank you Irene for this weeks article and also a very big thank you to Mike Finn for his contribution.

Inside Timeshare welcomes your comments on this or any article published, also if you need any information about your ownership or any company that has contacted you or you are thinking of doing business with, contact Inside Timeshare and we will point you in the right direction.

Friday is upon us the weekend beckons, we hope you have a great and relaxing one. See you next week.

weekend 1

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