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The Tuesday Slot

Welcome to the Tuesday Slot, today in her article Irene Parker continues to address a very serious problem that of timeshare foreclosure, especially for seniors. Inside Timeshare has been highlighting this problem for some time and we will continue to do so.

Timeshare Foreclosure Explained to Lenders

When and Why Some Timeshare Buyers Have No Choice

The Heartbreak of Senior Timeshare Foreclosure

We had to do a reverse mortgage on our home as a result of these timeshare purchases because our social security income was too low to cover the total charged on both Barclay cards. A reverse mortgage was the only way we saw to deal with the financial distress.  My credit score was 817 the day we met with the timeshare sales agent but it has gone down considerably after that purchase.

A former Army Captain, Vietnam

By Irene Parker

December 18, 2018

Over the past year I have received calls from mortgage brokers calling on behalf of former timeshare members trying to buy a house, battling the decline in their credit score due to timeshare foreclosure. When I explain to the lender that consumers are often left with no choice but to foreclose, due to no secondary market and the contract perpetual, the call has always ended with the mortgage broker convinced.

Six grown children, alarmed and astonished at the deceit their parents described at the hands of timeshare sales agents, have connected to bring to light unfair and deceptive timeshare sales practices. Their parents are being driven, or were driven, into timeshare foreclosure. They possessed credit scores over 800 until they were up-sold into insolvency, now trying to understand how our country could leave senior after senior financially devastated. Two of the six families have previously published articles. On Friday we publish an article submitted by a third family, her parents financially and physically devastated because they believed a series of timeshare sales agents. We have received 20 complaints directed against their sales agent. He earned $2.4 million selling timeshare points in 2016 and $2.4 million in 2017. The complaints are similar or identical.

If you buy a house, car, or boat, and there is loan outstanding, you can still sell the asset. Timeshare companies themselves don’t want the timeshare back because, when no longer wanted or needed, a timeshare is a liability. What would happen to the primary housing market if we suddenly learned there was no secondary market? Damages suffered by senior timeshare members, often accumulating points over several purchases, are commonly $100,000 to $300,000 or more, easily the cost of a home. Often the  report of deceit happens at the last one or two purchases, because a level of trust developed over the years until they purchased for reasons that did not exist – programs that would relieve them of maintenance fees or allow them to sell points. Members reaching out to us all report that they were told at purchase the timeshare would be easy to sell, it is real estate, an investment.

When the buyer has experienced unfair and deceptive sales practices, the result exacerbates the financial disaster, as has been reported by many of the 626 families that have reached out to us angry, overwhelmed and desperate. Some have learned within 24 hours after the rescission period, what they bought was a far cry from what was described.   

Such deceptive practices are known within the industry as “pitching heat” and the answer to complaints are routinely dismissed with, “You signed a contract” or “We are not responsible for what our sales agents say.” In Nevada, all complaints we have received that were submitted to the Nevada Real Estate Division quickly received a “You have no proof” denial. In Florida, the response has been, “Verbal representations are hard to prove.”

Fine, but why not let the consumer know a timeshare sales agent can say anything to make a sale. Let the consumer know they can’t believe a word a timeshare sales agent says. That would at least be transparent. Florida is a two party state, so consumers are not even allowed to record. How is proof even possible?

At the end of this article I list several Attorneys General settlements and lawsuits supporting my claim that the finger needs to be pointed also in-house, instead of solely at timeshare exit companies. The timeshare developer created this timeshare exit scam nightmare. Timeshare companies list in their annual reports that a viable resale market is a risk to their (stock) investors. Not all exit companies are scams, but many are. An FTC report on exit and transfer scams:

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

I liken million dollar deceptive timeshare producers to a baseball player like Jose Canseco, breaking the performance enhancing drug rules to earn millions, while other teammates earn far less because they did not break the rules. Honest timeshare sales agents are harmed by the actions of the dishonest too.    

According to GustonCho Associates, “Many consumers purchased timeshares in the 2000’s when the real estate market was hot.”

  • After the 2008 Real Estate And Mortgage Meltdown bankruptcies and foreclosures soared to historical highs
  • Among foreclosures were consumers who purchased timeshares and could no longer liquidate the timeshares and had to go through timeshare foreclosures
  • I get many calls by home buyers who were told by banks and mortgage lenders that they do not qualify for a FHA Loan because they have a timeshare foreclosure
  • Timeshare owners were told that there are mandatory waiting period after timeshare foreclosure to qualify for a FHA Loan
  • This is not true and unfortunately, these loan officers who are telling home buyers that there is a waiting period after timeshare foreclosure to qualify for a FHA Loan do not know what they are talking about
  • There is no waiting period to qualify for a FHA Loan with a prior timeshare foreclosure
  • Timeshares are not considered real estate loans
  • Timeshare loans are considered consumer installment loans under HUD FHA Guidelines

Read more https://gustancho.com/fha-loan-with-timeshare-foreclosure

We have also received requests for help from the millennial generation. Seniors often tell me that at their age, they don’t care what happens to their credit score, but for the younger buyer, a timeshare foreclosure at a young age can also be financially devastating.

Not one member who has contacted Inside Timeshare realized their contract was perpetual or that there was little to no secondary market.    

The Foreclosure process is gruesome. There will be threatening calls and the hit on the credit score. Timeshare today is broken. When sales agents can lie and laugh about it, at the expense of the young and the old, financially devastated by their vacation plan, something is very wrong. Too many families have been financially harmed by an industry run amuck. Rising loan loss provisions are just a number on an annual report to Wall Street and the developers. To us, they are broken families.   

Lawmakers, heavily influenced by the industry, don’t seem to care because timeshare buyers don’t typically buy a timeshare in the state they live in. Attorneys General try to protect the public, but the settlements achieved so far have been mere speed bumps in extraordinary revenue streams.  

A few of the Attorneys General investigations and settlement and lawsuits:

New York Attorney General reaches $6.5 million Manhattan Club Settlement

https://nypost.com/2017/08/17/new-york-ag-reaches-6-5m-settlement-with-manhattan-club/

A jury awarded former Wyndham sales agent Trish Williams $20 million

https://www.nytimes.com/2016/11/25/business/my-soul-feels-taller-a-whistle-blowers-20-million-vindication.html

Attorneys General on the side of timeshare owners:

Colorado Attorney General Cynthia H. Coffman, as reported by Business Den reporter Amy DiPierro, concerning Highlands Resorts in Colorado and Sedona Pines in Arizona:

http://insidetimeshare.com/another-us-attorney-general-exposes-deceptive-tactics/

Tennessee Attorney General Herbert Slatery III settled with Festiva timeshare for $3 million:

https://www.tn.gov/attorneygeneral/news/38312

Alongside AGs, the Consumer Financial Protection Bureau conducts an ongoing investigation of Westgate timeshare as reported by Matthew Zeitlin at BuzzFeed:

https://www.buzzfeed.com/matthewzeitlin/financial-regulators-are-looking-into-americas-largest-times?utm_term=.dwoQKVw3QQ#.doJ0ka1K00

Jefferson City, Mo. – Attorney General Chris Koster today announced that Welk Resort Sales, Inc., a California corporation that sells timeshares in Branson, has entered into an agreement to pay $18,000 in restitution to Missouri consumers who purchased timeshares from Welk.

https://themissouritimes.com/21184/release-attorney-general-koster-obtains-restitution-for-consumer-victims-of-timeshare-sales-company/

HARRISBURG – The Attorney General’s Bureau of Consumer Protection has reached a settlement with Florida – based BlueGreen Corporation that addresses complaints about the company’s alleged use of deceptive “contests,” misleading sales presentations and improper contracts in the marketing and sale of timeshare vacation packages in Pennsylvania.

http://www.pacast.com/press_releases/1272_OAG_BlueGreen_feed.pdf

Arizona AG issues an $800,000 fine and an Assurance of Discontinuance against Diamond Resorts

https://www.azag.gov/press-release/attorney-general-brnovich-announces-800000-settlement-diamond-resorts

Bluegreen stock downgrade August 17, 2018

Bank of America Merrill Lynch’s Shaun Kelley downgraded Bluegreen Vacations from Buy to Underperform and decreased the price target from $26 to $19.

https://finance.yahoo.com/news/bluegreen-vacations-interrupted-sell-side-190725946.html

Self-help support groups we feel are not industry influenced:

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/

Where are you?

Thank you Irene, as usual you have highlighted very well a severe problem and explained it in a very simple manner. In this Friday’s Letter from America, another new contributor Brenda Santos, highlights the “Nightmare on Timeshare Street” of her elderly parents at the hands of an unscrupulous sales agent. We think this will make your blood boil, so join us for our last Letter from America this year.

The Tuesday Slot with Irene

Welcome to the first article of the New Year, as the holidays are just coming to a close there is not a lot of news to bring. This will no doubt change over the next few weeks, when we begin to receive emails and questions on the myriad of companies that will be starting their New Year campaigns.

As usual we warn all our readers to be careful before engaging with any company that contacts you, especially with news that your timeshare resort is being taken to court (with the director pleading guilty) and you can also be part of this for a small fee.

Some basic points on the subject of claims, unless you purchased your timeshare in Spain after January 1999, you will not have a claim in the Spanish courts. If you have been offered a no win no fee claim, beware that it does not entail a large fee to relinquish your timeshare or even the purchase of another product, such as “Lifestyle Credits”. These no win no fee claims are usually the enticer, the promise of large sums to be returned, then it turns out it is a frivolous claim under Section 75 of the Credit consumer Act 1974.

Over the next few weeks we should be receiving the news from the Crown Court in Birmingham on the sentences for Dominic O’Reilly and Stephanie O’Reilly of EZE Group. If you remember they pleaded guilty to charges of Aggressive Sales Practices and Coercion, contrary to The Consumer Protection from Unfair Trading Regulations 2008.

Another group of companies are also subject to investigation from Trading Standards and could also be facing criminal charges, these are the companies of Mark Rowe, which include ABC Lawyers. At the beginning of December it was announced that several enterprises had been raided, with employees being questioned and documents seized for further investigation.

We will be keeping an eye out for any news on these and will bring you the news as it comes in.

Now for the first article from Irene Parker for 2018.

Timeshare Advocacy Group™

Plans for the New Year

By Irene Parker

January 2, 2017

  • Boost our media outreach group
  • Boost our legislative outreach
  • Boost our active duty and retired military outreach group

Inside Timeshare published many Nightmares on Timeshare Street articles in 2017. All were written or submitted by highly educated professional people. In 2018, will timeshare developers continue to hide behind the oral representation clause, or will they instead consider their customers might be telling the truth?

Timeshare Advocacy Group™ ended 2017 with a total of 260 timeshare complaints of which 245 alleged they were sold by deceit and bait and switch. The other 15 could not afford the timeshare. Members contacted us through Inside Timeshare or one of the U.S. self-help, member supported Facebooks posted at the end of this article. Many complain they had responded to unsolicited marketing calls asking if they wanted out of their timeshare only to learn the money they paid was lost.

Timeshare developers are beginning to listen. Wyndham now offers a surrender program called Ovation and Diamond Resorts announced just last week a surrender program called Transitions. Inside Timeshare has already received several questions from readers about Diamond’s Transitions program. We will be reporting on our readers’ transitions experience in 2018.

Legacy resorts are those that are sold out, free standing, deeded weeks. Liberté Management Group of the Pinellas Islands, Inc. announced TARS, a “limited deed, limited fun” exit plan will be operated as a subsidiary of Liberté and will be jointly headquartered in Treasure Island, Florida. We will continue to follow TARS in 2018.

TIMESHARE ADVISORY AND RESOLUTION SERVICES LLC EXPANDS SERVICES FOR LEGACY RESORTS AND OWNERS

Unfortunately, the majority of our readers are saddled with high interest rate loans, thus not eligible for a voluntary surrender program. It’s important to remember transferring to a lower interest rate loan through a third party lender is not advised, according to timeshare attorney Mike Finn of the Finn Law Group. When transferring to a third party lender, the money in questions is no longer between you and the timeshare company. According to Mike,

Another tremendous and informative article! I think the one major, major admonition I have for anyone, client or not, who has purchased a timeshare with developer financing and may want to reconsider the merits of the purchase (and, of course, assuming the rescission period has passed), do not, I repeat, do not under any circumstances, attempt to re-finance the purchase via a home equity line or a transfer to a lower interest credit card, or, for that matter any other methodology that has as its objective, re-paying the developer with other third party money.

http://insidetimeshare.com/the-tuesday-slot-2/

Also, anyone buying a timeshare should look to see if their contract contains an arbitration clause. We advise timeshare members exercise their right to opt out of arbitration within the allotted time available to opt out.

To start 2018 off on a positive note, this is an article Inside Timeshare published back in July about a company we firmly endorse, ruled by a bunch of little critters.

http://insidetimeshare.com/lesson-timeshare-companies/

What does Disney Vacation Club do other developers don’t that almost eliminates complaints? The reasons are detailed in the article, but in my opinion, it is mainly because Mickey allows and supports a secondary market.

Think about it. What if the primary residential housing market decided you could not sell your personal residence. Inside Timeshare has received complaints involving amounts up to, and on occasion exceeding, $500,000. This is easily the cost of a home. Timeshare companies tell us to think of our vacation points as a second home and they always greet us when we arrive, “Welcome Home!” Not being allowed to sell your home would devastate the housing market, and in our opinion, is destroying timeshare today. Out of 260 reader responses, not one knew when they purchased their timeshare, the limited or sometimes lack of a secondary market.

We have forged remarkable relationships with many of our readers, some who have moved on, having signed a non-disclosure agreement agreeing not to say anything negative about their resort, or were subjected to an arbitration ruling that was private and binding. In this way Inside Timeshare provides a voice for the voiceless when victims of white collar crime, financial institution fraud, are effectively silenced and isolated.

It’s easy to get discouraged, but Inside Timeshare and advocacy groups have made remarkable progress. So we soldier on into the New Year.

Contact Inside Timeshare or one of these U.S. member supported self-help groups if you have a timeshare concern. We’re here to listen and act, going a step beyond helpful posts.   

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/

If you have any questions or comments on any article published, contact Inside Timeshare, if we don’t know the answer we will find out for you. If you require any information about any company that you may be thinking of doing business with, but need to find out about them first, get in touch and we will point you in the right direction.

 

Friday’s Letter from America

Welcome once again to Friday’s Letter from America, the article we had planned for today by Mike Finn, has been postponed until Tuesday, the reason, some very important breaking news from the US. Inside Timeshare received the press release yesterday 26 October at 5.53pm, It was then sent to Irene Parker our US branch who prepared it for publication today.

As usual we start with Europe, Inside Timeshare has again been receiving many comments from readers regarding the Mark Rowe enterprise ABC Lawyers, all have been the same.

The timeshare owner has attended a meeting at one of their offices, enticed with the prospect of ending their timeshare and claiming compensation. Sounds good, but then comes the crunch, the “salesperson” starts to pitch the Rowe product “Jive Hippo”. Does this sound familiar. Well it should, after all sellmytimeshare.tv (another Rowe company) enticed people to their meetings with the promise of selling their timeshare, but then were pitched into the “Monster Credits” product.

It also appears that the “Jive Hippo” product is required in order to “Relinquish” then “claim compensation”. Once the contracts are signed, the client is also told there is no “cooling off period” as it does not come under timeshare regulations, there is no right to cancel and the full cost must be paid.

On Thursday we published the breaking news on a Norwegian client of Canarian Legal Alliance receiving a massive payout, involving Anfi, since then there has been more news coming in.

At the High Court in Tenerife, the judge ordered that Regency Resorts returns over £13,000 plus legal interest to another client. The contract was also declared null and void.

The same court in Tenerife has also awarded a client over £53,000 plus legal interest against Silverpoint, with again the contract declared null & void.

In one of the lower courts in Tenerife, the Court of First Instance number 5, declared another Silverpoint contract null & void, as it did not conform to the law which requires specific information to be included. In this case it did not contain information regarding a specific date or apartment. The client will be receiving over £44,000 plus legal interest and the return of legal fees.

So it has been all go in the courts on Tenerife, now on with our Letter from America.

Liberté

Breaking News from America!

Finally a Timeshare Exit Strategy with Promise!

October 27

Introduction by Irene Parker

Anything to help beleaguered timeshare members who no longer want or need their timeshare, spells relief for perpetual timeshare members.

With the launch of TARS TIMESHARE ADVISORY AND RESOLUTION SERVICES LLC new “limited term deeded” program, consumers enjoy all the “pros” of traditional timeshare, and none of the “cons”, plus even more benefits, according to TARS President and General Counsel, Martin M. Kandel. “Our program allows legacy owners to safely trade-in their existing traditional timeshare and purchase a limited 5 year term timeshare at their Resort”, Kandel said.

I spoke with TARS Chairman Dennis DiTinno. “Our program is geared toward smaller, deeded fixed week owners, but we hope the brand name resorts will take note and will consider similar exit plans that do not place undue burden on their members or the HOAs.”

Timeshare developers and Attorneys General have focused on shutting down fraudulent resale, transfer and listing scams, rather than attacking the root of the problem. A reasonable exit plan nullifies the ability for such entities to prosper. This multi-page single-spaced Department of Justice reports illustrates the depth of the problem.

https://search.justice.gov/search?affiliate=justice&query=timeshare+report

“Not only can a five year exit plan such as our put such unscrupulous entities out of business, it will ease the burden of debt collection for HOAs,” Mr. DiTinno further explained. “When we presented our exit program at the TBMA Timeshare Board Member Association in Las Vegas last weekend, we were pleased that those in attendance listened and appeared to like what they heard,” he added.

Inside Timeshare has received complaints from 176 readers who describe sometimes catastrophic financial distress unable to be released from their timeshare contract.   

hope1

FOR IMMEDIATE RELEASE

TIMESHARE ADVISORY AND RESOLUTION SERVICES LLC EXPANDS SERVICES FOR LEGACY RESORTS AND OWNERS

Timeshare Advisory and Resolution Services LLC (“TARS”) a company dedicated to promoting the interests and rights of long-time timeshare owners, homeowner associations, and consumers contemplating the purchase of timeshare, has announced the launch of unique programs designed to ease the transition of long time owners, out of their “perpetual” timeshare and also attract new consumers, seeking the benefits of timeshare ownership without the burden of increasing maintenance fees or the hassles of resale.

The program also intends to assist legacy resorts in planning for either continued use as a timeshare property or for an alternative use pursuant to an organized repurposing plan.  In addition, TARS announced the acquisition of a significant interest in the company by Liberté Management Group of the Pinellas Islands, Inc. TARS will be operated as a subsidiary of Liberté and will be jointly headquartered in Treasure Island, Florida.

With the launch of TARS new “limited term/unlimited fun” program, consumers enjoy all the “pros” of traditional timeshare, and none of the “cons”, according to TARS President and General Counsel, Martin M. Kandel. “Our program allows legacy owners to safely trade-in their existing traditional timeshare and purchase a limited 5-year term deeded timeshare at their resort”, Kandel said.  “Legacy owners will continue to be able to enjoy their resort and unit every year of the term, or rent or exchange it as they do in a traditional timeshare. However, they will no longer be billed any maintenance fees during the entire term, which terminates by going back to the resort with no further obligation. There are no worries about resales or fraudulent transfer and exit companies, and the HOA’s have a systematic and controllable, and scalable means to make certain all of their intervals are paying intervals”, Kandel concluded.

Dennis F. DiTinno, CEO and President of the Liberte’ Management Group of Companies, will serve as Chairman of TARS and oversee the close interaction between TARS and Liberte’. “As a manager of legacy resorts, I have been committed to working toward a robust resale market to benefit older resorts and their owners, particularly those resorts fighting to remain financially stable and relevant. TARS will help these sold-out resorts find new owners to enjoy their products and services. I am excited to join with Marty and devising innovative ways to fight for and protect the resort associations and owners upon whom the timeshare industry was originally built”, DiTinno said. “I sincerely believe that what we are doing is to provide ‘out of box solutions… in a box’”, DiTinno added.

In conjunction with select strategic partners, TARS will provide an á la carte menu of products and enhanced services designed exclusively for the legacy market segment. TARS will target self-managed resorts, management companies (in those instances where such a company has been previously retained by the HOA), and individuals for whom timeshare has become a burden.

TARS business objective will be to provide new ways to address old problems by enhancing TARS’ original consumer-centric mission (www.tarserv.com) to provide legacy resorts with a means to maintain their resorts for a decade or more in order to plan for robust continuation or an orderly repurposing of the resort and its timeshare program.  Along the way, TARS may more readily assist individual legacy timeshare owners in parting with their timeshare as a part of the overall HOA program.

DiTinno established Liberté Management and related entities in 1987 to address a burgeoning demand for professional, turnkey resort property management along the Florida Gulf Coast, Liberté Management provides a comprehensive array of personalized services for a wide variety of vacation properties. Services include rentals, sales and resale services for timeshares, resort condominiums and hotels.

Clients range from large developers and community associations to individual owners who expect an unparalleled level of quality and commitment. DiTinno served with distinction in Viet Nam as a member of the United States Marine Corps.

Kandel attended University of Baltimore School of Law and Rutgers University and is a member of the State Bar of Maryland. He is a former Maryland Assistant Attorney General and Counsel to that state’s Real Estate Commission and Commissioner of Consumer Credit, and is the primary author of the first Maryland Timeshare Act. Since 1984, Kandel has served as counsel to timeshare developers, lenders, builders, and a variety of other industry related clients, as well as individual consumers and consumer groups.  He has also operated timeshare development and sales and marketing entities in the US, Australia, and Europe, and has served on the Board of Directors of ARDA and ATHOC.

calm

It’s nice to be on the same side of the fence for once! Imagine a world with no Timeshare Wars with members pitted against developers like North Korea and America. There’s no reason we can’t all get along by releasing timeshare members who feel like they are being held hostage by their vacation plan. Charles Thomas and I would like nothing better than to publish articles about people and places doing things right. Thank you to Marty and Dennis for their olive branch, offering a bridge between greed and need.

Inside Timeshare will publish a monthly resale recycle report to examine how this revolutionary plan is working out. We hope to interview timeshare owners and HOAs taking advantage of this opportunity. I’ll call my favorite timeshare people, Port Elsewhere in the Missouri Ozarks and Maui Hill at Maui Lea to hear what they think.       

So that’s it for this week, two breaking news stories from both sides of the Great Lake, our apologies to Mike Finn for not publishing his article, I’m sure he will understand. We will however be publishing that on Tuesday.

Once again, if you need any information on any company that has contacted you or you are considering dealing with, but are not sure where to look, Inside Timeshare will point you in the right direction.

It’s Friday, the weekend is once again upon us, have a good one and we will be back on Monday.

friday dog

 

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