“An Anatomy of a Timeshare Foreclosure” A Reader’s Response

Following on from last Friday’s article where we highlighted the case of a Filipino families experience with timeshare, a reader emailed his response. Irene decided that it was worthy of its own article.

This Friday we will publish another in the series of articles by Irene, this one will focus on “Resales and Rentals”, this will be part III of the series The Three R’s of Timeshare.

A Reader’s Response to “An Anatomy of a Timeshare Foreclosure”

A reader’s response poses more questions than answers

Question man

By Irene Parker

April 19, 2017

One of our readers emailed comments and questions about Friday’s “An Anatomy of a Timeshare Foreclosure” article. As I attempted to answer his questions, I realized the complexity of his questions and comments are worthy of an article.

http://insidetimeshare.com/anatomy-timeshare-foreclosure/

I don’t understand the Monarch to Diamond transaction.  Is there an explanatory paper about the transaction?

The Monarch to DRI transaction is exactly like the ILX to DRI transaction. My husband and I were ILX owners. Monarch and ILX acquired owners are the most disgruntled because they received the greatest upheaval in maintenance fee increases. The Castle Law Group ran ads just because so many former ILX owners were in foreclosure.

“When Diamond Resorts International purchased Los Abrigados Resort and Spa in 2010, a pattern of rising maintenance fees began. Now, as thousands of owners have become delinquent, Diamond wants them to get current, or they will go into foreclosure.”

As reported at a Monarch annual meeting, “Of the 40,000 remaining Monarch owners, 33% have not paid their 2016 maintenance fees.”

The goal is simple and does not require reading ILX or Monarch to DRI acquisition documents. Sales agents are instructed to get the former deeded owners to give up their deed and convert to DRI points.

Deeded timeshare weeks are defined as real estate but points are “right to use” like a country club. No one says I am an owner at a country club. Points are much easier to “take back” as opposed to weeks which require an actual foreclosure process.

The murkiness started after Diamond acquired ILX. The article linked below is my mock interview with Scott Miller of Greenhaven Road Capital. ADW Capital and Front Four Capital are the two private equity firms that wrote a letter to Palmer encouraging the exploration of ways to “maximize shareholder value” because the Diamond stock price was in the doldrums. Former Diamond CEO David Palmer’s background is private equity. Mr. Palmer was urged to take the company private.

http://insidetimeshare.com/new-across-atlantic/

As you can tell from the tone in the article, there is no interest expressed in enhancing owner value. One of our Diamond Facebook administrators said that in listening to several Diamond conference calls with shareholders, not once did Palmer mention a benefit to owners. In fact, he boasted about how when Diamond buys a property, they “immediately add 15% onto every annual budget item and that is a 100% profit to shareholders.” Mr. Miller actually used the lack of a secondary market as a reason to buy the stock.

Shortly after acquisition Grand Beach Orlando owners received a notification stating “we will be raising maintenance fees 14.99%.” The increase is always due to the resort being in bankruptcy and therefore neglected. Odd expenses started popping up. I was sent a copy of an agreement stating, “Stephen Cloobeck is allowed 50 hours of annual use on the most expensive aircraft in the DRI fleet and the DRI flight crew for non-business use.” After the Apollo acquisition, DRI PR said DRI no longer owns or leases aircraft. This type of expense was not a normal ILX or Monarch expense. Palmer earned $19 million in two years and Cloobeck and other executives millions more.

Apollo Global Management acquired Diamond September 2016. Banker Leon Black formed Apollo after filing bankruptcy after the Drexel Burnham Lambert junk bond fiasco. Michael Milken went to jail. Note Diamond’s rebuttal.

https://www.thestreet.com/story/13624491/1/is-apollo-returning-to-its-junk-roots-with-its-acquisition-of-diamond-resorts.html

Many analysts reported on 11 quarters of consecutive growth but few financial analysts, with the exception of Pulitzer winner and New York Times financial journalist Gretchen Morganson, reported on this oddly coincidental 2Q earnings report explaining Diamond’s dismal 2Q downturn due to improper inventory valuations (that’s us) announced shortly after the $2.2 billion announcement. Earnings had to be restated back to 2014 and caused a significant drop in earnings.

https://www.thestreet.com/story/13702895/1/diamond-resorts-international-s-second-quarter-earnings-reversal-is-worrisome.html

https://www.nytimes.com/2016/08/07/business/accounting-error-may-not-derail-a-deal-but-ex-director-bails-early-anyway.html

There is mention of Monarch “equity” and Monarch “points”.  What is the connection?  

A fixed week deeded property can be listed with a member of the Licensed Timeshare Resale Broker Association for no upfront fee. The broker gets paid after the sale. Even points for any major timeshare except Diamond Resorts can be listed with one of the 64 LTRBA members. The members feel Diamond points are worthless on the secondary market due to restrictions the company has in place on use of points purchased on the secondary market more onerous than other timeshare companies.

http://www.licensedtimeshareresalebrokers.org/

Buying Diamond points so that you don’t lose equity is nonsense because we all know DRI has no resale value unless you can find a buyer that doesn’t care about resale value. One of the LTRBA members I spoke with said even the market for Diamond’s deeded weeks is soft. You can always sell to friends or family but the members I talk to would never sell their DRI points to a friend or family member as they are so dissatisfied with the program and alarmed at the rise in maintenance fees. Again, acquired owners are the most exposed. There are many Diamond owners who use and enjoy their points. The problems arise if a member needs to sell. One owner from Wisconsin checking out of Diamond’s Los Abrigados Resort in Sedona said to me while packing his trunk, “I tell my kids if they act up I will name them as beneficiary to my Diamond points. I attend sales presentation to annoy the sales agent and hang out by the pool to warn others. The sales agents just roll their eyes and say, oh, he’s just an ILX guy.” He had stayed five months at Los Abrigados so in all likelihood was a Platinum member.

How can Diamond justify their salesmen explaining to Monarch owners, the complexities of the Monarch/Diamond transaction at a dinner or short meeting?  

I can answer that! The dinner or breakfast or 55 minute group session is followed by a three to seven hour (so far the reported record is seven) high pressure brutal and demeaning sales experience as I reported happened in this article. Diamond has introduced a new Clarity program that is intended to tone down the aggressive nature of the sales experience. Diamond is certainly not alone in the high pressure department. It was the sales presentation I wrote about in this article that led to my writing to Las Vegas Attorney Bob Massi, host of Business FOX Property Man. Our interview with Mr. Massi will be aired this Friday April 21on Business Fox at 8:30 PM EST.

http://insidetimeshare.com/peasant-venice-queen-versailles/

Only a senior customer service person may know enough to explain.

We have a lot of high powered advocates that can explain better than a Diamond customer service representative as we know more than the longest tenured customer service person. They may not even own Diamond points.

Diamond should have produced a summary of the transaction that could be understood by the layman.  

Again, there’s no mystery. ILX and Monarch went bankrupt. Diamond bought them. Get the deeds and replace with ethereal points. Monarch owners found themselves not having access to resorts they had stayed at for years. Lawsuits resulted. This case led to the filing of a billion dollar class action in Nevada.

https://topclassactions.com/lawsuit-settlements/lawsuit-news/457692-diamond-resorts-class-action-says-elderly-targeted-abusive-sales-tactics/

Diamond would not do that because they are happy to confuse the Monarch owners and just want to sell Diamond points without truthfully explaining the consequences of doing that.

That is obvious if you read the first example in Friday’s article. I have used that example often as it is the most glaring but I have heard from about two dozen Monarch owners all reporting variations on the theme.  

The above are only a few of the aspects that I need to have explained to me before I can start to understand the issues.

The timeshare developer lobby ARDA has supported laws making it more difficult for owners to contact other owners. We can certainly see why. Laws are passed to protect our “privacy” but as we all know, we are bombarded with solicitations.

Thank you for these comments and observations. Our Advocacy group has been accused of “victimizing the uneducated”. Many are happy with their Diamond points, but those that get hit with one of life’s roadblocks, no longer able to afford the timeshare and up-sold for the wrong reasons, can face financial ruin when that day comes.

Other Apollo related articles by New York Times journalist Gretchen Morganson:

https://www.nytimes.com/2016/10/09/business/wells-fargo-isnt-the-only-firm-that-needs-a-lesson.html?_r=0

https://www.nytimes.com/2016/02/28/business/keeping-investors-on-a-need-to-know-basis.html

We seek to provide Diamond Resort 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/groups/DiamondResortsOwnersAdvocacy/

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

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Contact Inside Timeshare or an Advocacy Group if you have questions or concerns about your timeshare.

Once again Inside Timeshare would like to thank our readers for all their comments and contributions, keep them coming. If you would like to share anything with the rest of the world contact either Inside Timeshare or the Advocacy facebook page, this is where you will find out what is going on in the world of timeshare.

If you require any information about any company that has contacted you or you are thinking of dealing with but need to know more, Inside Timeshare is here help. If we don’t know the answer we will find it .

 


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