Manhattan Club Lawsuit

If they changed your weeks it is tantamount to changing a deed. This is illegal and grounds for suit.

When you received your deed, what weeks and unit were attached to it? They cannot change what you have agreed to and what has been recorded in the county courthouse. Even if you purchased floating weeks, it is attached to a deed. Otherwise, you own nothing and owe nothing.

As a former timeshare executive, I strongly discourage anyone from purchasing points or right to use or floating week. They lose control.

Wayne - Email me your email at markdstevens34@gmail.com and we can trade numbers to discuss. Thanks so much. Mark

Hi Wayne, I find what you said about the deed and what’s attached to it very interesting. Rather than use this forum to ask my questions I’d like to email you directly if that’s okay? I paid $60k cash for my PH with 7 days a year exclusively at TMC so it sounds as if I have something “tangible” to consider in my decision to join the Zimmerman lawsuit or just wait it out.

Interesting update today on one of the Manhattan Club owners success with Blue Green timeshares. Local television station NBC New York( NBC New York.com/get help) broadcast a story today concerning a fellow owner who contacted the station and then the station contacted Bluegreen and now this individual has the opportunity to end her time ship ownership with the Manhattan Club. I suggest everyone go to the NBC New York website and view the video which runs about four minutes. The reporters name is Linda Baquero phone number is:866 -NEWS 244 Finally some good news for one of our fellow owners and the local media in New York City has taken note of this issue.

Here is the link:

https://www.nbcnewyork.com/on-air/as-seen-on/Manhattan-Timeshare-Tough-to-Sell_New-York-488053371.html

You will have to cut and paste it into your browser.

If you own at the TMC, you probably have a deeded timeshare. That deed is recorded at the county and describes what you own: Resort address. Week. Unit. Size.

When you purchased your timeshare, you had the option of "floating" your week to another time - this seemed like a great deal, at the time - great selling point. However, you just lost control of what you own, and now you can't get in.

But, you still own what is described on the deed. They cannot use that unless you give them permission. This is probably in the paperwork.

I don't understand why you are resorting to filing a class action suit and spending more money to do it when the attorneys usually take 40% of your winnings, if you win. Often times, attorneys might even ask for more money down the road.

If you don't win, then you have lost even more - this does not include the headaches, years of litigation. Is it really worth your health?

My suggestion is to first understand what you own by reading your documents thoroughly.

If I can guide any of you, let me know. This has been going on for too much time.

BTW, I am a former timeshare executive. I know the business like nobody else on this forum. Ask your attorneys if they have ever worked for a timeshare developer.

Wayne, you might be legitimate, but all I can see is that you showed up on this site to sell a yet to be published, tell-all book about the time share industry. Your qualifications are that you claim to be a "former time share executive." I think you said you worked for a developer; so likely you were a sales person, maybe even a sales manager. You are definitely not an attorney. However, now you are offering to read legal documents, help owners understand them and perhaps get out of their ownership. You will excuse me if I decline to send you information or go offline with you. I can see the windup and have no interest in the pitch.

Legal documents do not require an attorney to understand them. They are written for people who sign them without the assistance of an attorney. Could that have been you, perhaps? I suggest that you brush up on your English.

Yes, I was a manager, and a director of sales.

NOTE: I didn't read through all the messages

Bluegreen DID NOT buy TMC. They bought the "remaining units" even though there aren't any.

TMC had not been sold.

Regarding Deeds:. Prior to the publication of the AG investigation of 2014, our Deeds were "Single family residence.". They were changed to "Timeshare" in 2014. Our documents in our possession tell the real story.

See my post below re POA's

I've followed the thread here, and I have posted the fact that I have joined the Zimmerman lawsuit.

For all the insight, analysis, and debate, I have yet to see one strategy that won't involve hiring an attorney at some point if you want to either have timeshare owners take control of the HOA or get out of the liability.

ALL of the ideas I've seen involve showing there was fraud at some level, and that means a CIVIL lawsuit.

So for me, the decision is binary: either I take a risk and hire an attorney, or I live with the situation.

There will be no magical solution that doesn't involve spending money, and Zimmerman was/is the best alternative.

To All Eichner et al could change our Deeds, Weeks, anything he wanted as we ALL signed POWERS OF ATTORNEY for both the Timeshare and Condominium Boards. Not a legal leg to stand on!!

Sure, you can look up your deed on ACRIS - NYC DEEDS but we ALL were tricked into signing Powers of Attorney that let TMC change them! See my other posts this date. Corinne

Wayne, I am fully in command of the English language. Writing a travel book (if that was you) does not make you an expert on English. Even so, legal documents are written in legal terms to protect the interests of whoever paid the attorney. Sales reps just want to close sales quickly, not have prospects review the deal with their own attorney.

What's that? "Legal documents do not require an attorney to understand them. They are written for people who sign them without the assistance of an attorney." Are you kidding? Have seen the posts on this site? Obviously people could have benefitted from legal advice, which you are not qualified to give. As far as my own situation goes, my goals are to re-establish liquidity, create a transparent reservation policy and rein in the maintenance fees.

You don't even say you own a MC unit. Why all your interest in helping? Why are you here?

For your own protection, please beware of any pitches on this forum that promise to get you out of your timeshare. The industry, and particularly the Manhattan Club, does not work that way.

Corinnes32, You said: but we ALL were tricked into signing Powers of Attorney that let TMC change them!" The operative word being tricked which is a nicer word for bait and switch/fraud which the TMC did commit and to which many owners can attest. This was stated in the results of the investigation and was grounds for the subsequent settlement. And didn't Schneiderman's undercover people discover this behavior and have it on tape? So, (even though I am not joining the Zimmerman situation)... as far as I understand, fraud, bait and switch, tricked, whatever you want to call it, and having proof, it seems there are legal grounds to pursue some sort of suit.

Thank you Jeff. I was hoping you would speak up.

Corinne, Powers of Attorney are not irevocable documents. They can be revoked by the grantor (for example, you) or a new POA can be named to super-cede an existing POA. But all that is moot unless you get enough to outvote current management. Right now it’s like attempting to solilcit proxies without a list of owners.

Corrine,

I respectfully disagree.

If there was fraud at the time of purchase, the wording of the contract or what we signed makes no difference.

The NYAG showed there was fraud involved, and there is plenty of evidence and testimony available.

We still have to make the case, but it is winnable, in my opinion, and if he wins, the strategy Zimmerman used would be quite transferrable to the other clients.

I agree with the comments. However, you need to examine your contract to determine exactly what it is that you own. If it is deeded into a floating week, it is irrevocable. You own the property, according to the country records where it was filed. So, you have access to that during that time.

I would just file a lawsuit against TMC on your own using the "fraud" settlemen as your backup defense - unless you have already been paid.

Otherwise, using an attorney with a class action suit could take years, not to mention their 40% cut.

All owners clamoring for a class-action need to seek other solutions, because there are NO pending or contemplated class-actions in store for the club, and there won't be, according to lawyers interviewed by RedWeek. From a legal perspective, they won't work, because to have a class-action, all members of the class must share the same injury and circumstances. With TMC, all owners have individual issues and experiences that are not identical to all others. So don't waste any more time focusing on class-action ideas; it is a rathole and false flag. As someone who has investigated these issues, best recommendations from experts are: pursue the board for answers to all questions at the Aug. 9 board meeting; contact Bluegreen for information about their plans for the club, including their willingness to take back deeds from exhausted owners; and pursue the NYAG's office for more answers about the restitution and claims program.