Welcome to another Letter from America, today Irene Parker takes a look at the “scare tactics” being used in order to convince owners to give up their deeded timeshare and convert to points. We all know one of the main points in the selling of timeshare was that we would be able to leave it to our children when we finally pop our clogs, now this is being used in reverse and is known as the “heir scare”. After all who in their right mind would want to leave a burden such as annual management fees to their children, unless you hated them!
On another note, Inside Timeshare is once again asking for your help, on several occasions we have published the link below, it is a petition demanding reform of the timeshare industries unfair and deceptive practices. Please take the time to visit the link and sign this very important petition.
Scare Tactics Used to Convince Deeded Timeshare Members to Give up their Deeded Timeshare and Convert to Points
By Irene Parker
June 28, 2019
Inside Timeshare first published “Heir Scare” October 26, 2018. We continue to receive complaints from members who ask if they have to give up a deeded timeshare and convert to points so that their heirs will not be responsible for the timeshare.
The deed is usually paid in full, so by financing points, the sales agent has created an estate liability when in all likelihood, none existed. I’m not a lawyer, but this estate planning lawyer posted good advice on RedWeek. Timeshare sales agents who offer estate planning advice are practising law without a law license.
To all those inquiring about your heirs being saddled with this albatross: I have been a practising estates lawyer in NY for nearly 50 years. The information given to you by Laura (I believe her name was) was basically correct: your beneficiary cannot be “forced” to inherit (and therefore have to pay for maintenance etc.) for the timeshare. The legal route is to execute a disclaimer within 9 months after death, and make sure that you do NOT accept the timeshare by using it or otherwise indicating acceptance (e.g., trying to sell it as if you own it). However, each state has its own laws as to how one disclaims. ……Note though: the (resort) can then also disclaim it, so there are some further fine points legal steps that must be implemented in your Will or trust to deal with that possibility. But most definitely your heirs are NOT bound to accept the timeshare and make the payments if a proper disclaimer strategy is included in your estate planning documents. stevenw on May 02, 2017 06:01 PM.
Yes, points offer greater flexibility, but often fully paid deeded timeshare shares are forfeited for reasons that do not exist. If the deeded week is in a desirable location, like Virginia Beach in summer, those who did give up their deed often complain that they were not able to access even the resort after they forfeited their deed and bought points. Many of our complaints begin with this broken record:
“The sales agent said we had to give up our deeded week and buy points.”
The member is told they have to give up their timeshare deed or they will be the last man standing, left holding the maintenance fee bag. An ocean engineer who had contacted me about deceptive timeshare sales happened to call when I was reading a RedWeek post about a looming beach erosion fee, expected to occur only for deeded week owners. Our ocean engineer explains why beach erosion problems are typically the responsibility of state and local governments.
Timeshare sales agents are not the only ones to use scare tactics. Below is a pitch delivered by U.S. Consumer Attorneys that Marcy S submitted to Inside Timeshare. They used the same scare tactics. Wyndham has filed a lawsuit against U.S. Consumer Attorneys.
Marcy called me saying she was having a panic attack over the result of their timeshare debacle. U.S. Consumer Attorneys threatened Marcy as follows:
Louis S called me and said he was with US Consumer Attorneys Group and that he was calling about my timeshare. He was aware that I was a Diamond owner and that I owned at Ka’anapali Resort. He sent me a copy of their contract and said I needed to pay him $2900 to get out of the contract. He said he is an attorney with US Consumer Attorneys Group. He said Diamond was going to take my house and my children would be responsible for paying all Diamond debts and that they would even attach my wages. He said Diamond would also take my Social Security payments and my retirement.
George Yamada paid U.S. Consumer Attorneys $6,000 to seek release from his timeshare. After 21 months he contacted Inside Timeshare. By filing regulatory complaints, George resolved his dispute through self-advocacy. George is a pension administrator, an Army veteran 70% Agent Orange disabled.
An excerpt from A Second Warning We Wish We Did Not Have to Give
By Tom Tubbs at Island Consulting Realty
Tom Tubbs, Broker, R.N.G.
Island Consulting Realty
800-809-6020 or 941-922-3808 www.TimeSharesToGo.com
Senior Licensed Real Estate Specialist
Co-Founder: Licensed Timeshare Resale Brokers Association
Board Member: Florida Timeshare Owners Group
Doctor of Funology
Well, these are the folks who “create” a problem that does not exist. This is a very common sales tactic with just about anything out there for sale or service. With timeshares, these companies create a VERY false impression that your timeshare is actually a burden instead of an asset. They give you the VERY false impression that you can’t sell it (although that’s what we’ve been doing for folks for the past 33 years….) and that when you die your kids will then be strapped with it (also false). Then they have a solution! (Of course!). Give them $3500 plus the deed to your timeshare and they’ll get you out of it. What great guys!
So in a nutshell what you have here is a company creating a problem for you that minutes earlier you did not know you had and then solving that problem for you by you giving away your timeshare and your money! Problem is, for many of these companies it’s all one big fat lie; as the following story will tell…
Orlando woman says timeshare exit plan was all a lie
American Consumer LLC charged thousands then filed
Chapter 11 bankruptcy
ORLANDO, Fla. – Lisa Eller, a timeshare resort customer for 18 years, is convinced American Consumer LLC never intended to negotiate an exit from her resort contract despite promises from then Chief Operations Officer Cory “Hubb” Hubbell, that he could get it done.
“He’s a smooth salesman; he seemed like he knew what he was doing,” Eller said. “He said, ‘It takes us about 12 months to work the program.'”
Eller and her husband agreed to pay $2,350 for the program but just this week discovered no one from the company, aka A Consumer LLC, ever contacted her resort.
“They present themselves as people who have contacts at these resorts,” Eller said. “Our contract was paid in full; we were just paying maintenance.”
The last time Hubbell spoke to Eller was in March, according to Hubbell’s Facebook account, he left the company in May. Eller’s attorney, Jennifer Beaman Clark, told News 6 that when she advised the resort representative that her clients had been trying to resolve this for a year she was told, “It was the first time they had been contacted about the account.”
According to records obtained by News 6, American filed Chapter 11 bankruptcy on Sept. 9. The registered agent, Brevard County attorney Michael Sarocco, said he would try to help consumers who wanted to get their money back but that he had no official ties to the company. In an email to News 6, Sarocco wrote, “I no longer represent the company and do not have the authorization to make any statements on their behalf.”
A review of state records shows Saracco was the registered agent for American Consumer Credit LLC along with another 12 companies all linked to the same manager: Dana Micallef. Micallef started the company in 2011 and, according to state records, lives in Daytona Beach. Still, it appears he has been calling customers from a New York area code.
Rebekah Nelson hired the company last September and agreed to pay $2,800 to get a release from a timeshare in Vista, California. Nelson told News 6 a man she believes to be Micallef, asked her to wire $700 to continue the contract. “They block the consumer from talking to the timeshare so you don’t know (American) is not doing their job,” she said.
Nelson is convinced there are dozens of victims who fell for the same scheme.
News 6 found a website that explained how the company claimed to complete the exit:
“When you enter into the contract termination process with Aconsumercredit™, we start to permanently remove your timeshare contract burden. No more fees. No more payments.” Nelson said she was told to stop paying her timeshare fees and that is when her credit was ruined.
If you believe you are a victim of this company, contact Mike Holfeld at [email protected]
For more information, contact attorney Saracco: [email protected]
By Mike Finn of Finn Law Group:
How Can I Eliminate my Timeshare Liability for my Heirs?
Inside Timeshare is swamped on both sides of the Pacific Pond. If you have skills you feel will help consumers who fell for unfair and deceptive sales practices on both ends of the timeshare sale, buying and/or trying to get out, contact Charles Thomas on the EU side or me in the USA. Weekends are fine.
Irene, the Peasant of Venice
Timeshare self-help groups:
We seek to provide timeshare members with 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.
Free at Last Timeshare Support Course offered by Straight-A-Guide
Diamond Resort Facebook
Gold Key Facebook
Inside Timeshare Facebook Group
Thank you Irene, once again you highlight the lengths sales people will go to just to get another sale under their belts, or rather more $$$ in their pockets. In the end, it is the timeshare companies themselves who must take the blame for these “deceptive” practises, they are the ones who allow the sales agents to say what they like. The one phrase we are very used to hearing is “we are not responsible for what our sales agent says”. Sorry, but you are!
News from Tenerife.
National Police have arrested and dismantled a gang defrauding timeshare owners, using fake court documents and posing as lawyers. The scam involved contacting timeshare owners and convincing them that their timeshare company was being taken to court, with the payment of a fee the owner could be part of the case and be reimbursed with all their money and compensation.
The investigation started in February 2018 and is still underway, so at present we do not know which “fake lawyers” they are, as news comes in we will publish it here.
That is all for this week, join us again on Monday when Inside Timeshare brings you more news and stories about the murky world of timeshare.