Manhattan Club Lawsuit

It has been my understanding that we as timeshare owners own the Manhattan Club building. The new owner is buying the business which was what Eichner owned - that would include "unsold" timeshares and the management of the Association and its property. Our deeds are fee simple or at least my 2 are. Has anyone been told different?

hi charles,

am doing well, and you?

you're right about the catharsis issue: it probably helped us to avoid developing mental illness, but not much else as you note. however, "..... Eichner getting away with consumer fraud......" is primarily due to the ineptness of the former NYSAG, schneiderman and what he nonsensically considered a fair "settlement." from my perspective and personality, i don't like being the victim of anything, including BIG TIME consumer fraud as provided by TMC/eichner. i assume that's true of most TMC owners. i will continue to be proactive in my quest to push for legal equity and retribution from TMC/eichner, especially in the form of reverting to reasonable maintenance fees the establishment of a workable reservation system, especially not allowing TMC management to rent our shares, depriving us of our accommodations. other owners might want to add to these deplorable and continuously fraudulent conditions.

look back a page or two (or perhaps on THIS page): i have outlined four avenues we currently have available to stop TMC/eichner from gloating in the victory given to him by schneiderman's settlement.

briefly:

1...join zimmerman's possible lawsuit (s),

2...join THE COALITION OF FINANCIALLY DISTRESSED TMC OWNERS

3...do both: 1 & 2

4...start a new suit with the new NYSAG, the honorable ms letitia james, by sending our individual complaints via the official form on her website.

obviously, i can't offer any guarantees of any legal relief from any of the above alternatives, but i can't be found "guilty" of not trying to derive our just due to get TMC/eichner to do the right thing.

keep in touch, charles

chris

charlesm548 wrote:

Hey Chris how are you buddy? Just how long has it been that we have been writing and reading this forum?! Not sure the catharsis has helped our mental health any and nothing has changed in all this time other than Eichner getting away with consumer fraud. New people join this group over the years and optimistically state their agreement with all of us and then request to join the class action lawsuit. We then fill them in. But there is so much detail in the history that the only way anyone can really catch up is by reading this forum from the beginning. The simple math on Eichner's fine, if its entirety was allocated to timeshare owners, would amount to $380. each. The NY Attorney General Schneiderman had the chance to make this right and he didn't. He had other, personal, priorities.

We sent both an email and snail mail request to Zimmerman and have not had a reply. Does anyone know what is going on?

richard3153,

there are others in the redweek.com forum who have contacted zimmerman one way or another and have reported the same results as you: no reply. there appears to have been no word from him in this forum since december 12, 2018. he seems initially to have offered his legal services to all who requested to be represented by him (registering with him and sending $1,250 for his services.) it is expected that the more clients he gets, the better his case would be and the fuller his professional wallet as well. we still don't know if the court (from his december 12, 2018 court hearing with tucker) granted him and/or tucker access to the list of all TMC owner contacts for him to use to extend his client base in preparing his lawsuit (s).

my comments here don't answer your question directly, but they shed a bit more light on your issue.

it seems to be to his advantage to peruse this forum's contents regularly, but that's his choice.

good luck.

chris

richard3153 wrote:

We sent both an email and snail mail request to Zimmerman and have not had a reply. Does anyone know what is going on?

chrisv126 wrote:

becky, your comments are worth much more than "two cents;" they make sense.

regarding further action, i certainly would not want to corrupt zimmerman's possible suit, but as has been shown on this page, a few responses above, he seems not to be responsive to peggy's twice trying to connect with him in order to join his yet-unestablished suit (that i am aware of). we also have not seen one word from him on redweek for a long time. this might be time to try a tactic similar to that which we tried and failed with the unprofitable outcome of the former nysag schneiderman's inept legiislatve skills. now we have new blood in the form of the honorable ms letitia james our new new york state attorney general. perhaps filing individual claims and comlaints with her might prove to be to TMC owners' advantage. she has all the background TMC investigative information from schneiderman's records. ms james could either reopen schneiderman's case OR begin afresh with her own legal expertise, starting her own new court case. this idea is certainly worthy of consideration by TMC owners on redweek.

Hi Cris. It was your NO X message in regards to the chance to open a new INVESTIGATION on behalf of the TMC owners. What stops you and your group from sending such an mail-email? It's quite easy. Prepare a draft of a letter, post it on a Redweek, then each owner will modify it according to the personal experience and send mail/ email it to the new NYAG. That will in no way interrupt with other possible laws suites but benefit the owners. The previous NYAG investigation has started with around a hundred of owner's complaints, therefore if 80 group members support it, that might lead to a new investigation.

Typically, a new suite/investigation has to be supported with new/updated claims. You have to determine what is 'new'. For that you have to familiarize with the NYAG investigation that is publicly available thru the Court-s filing and, particularly with the NYAG's Assurance of Discontinuation, the document which is only about 30 pages to read. Don't forget you get only 1.5 remained years to sue the TMC, then you will face to deal with the Bluegreen Inc.

When you are blaming the NYAG for the non-compliance with your personal desires for no justice pls note that the best NYC lawyers do not work at the NYAG office but held their own practice. These best attorneys to oppose our owners' interests were paid off from our/owners'r maintenance fees. Have a respect what the NYAG has done to crucify the timeshare industry.

fibo,

rather than criticize others' proactivity, why not be creative and offer some other viable solutions to our still-deplorable aftermath of TMC/eichner's fraudulent actions against us owners. who other than schneiderman left us where we are currently? it appears that you disregard or not read my various options of actions that should be considered. if you have other options to offer, adding to or supplanting mine, post them. leave your criticism to those who still complain and offer nothing as solutions to what they complain about. doing nothing gains nothing. additionally,

your quote,".....you are blaming the NYAG for the non-compliance with your personal desires for no justice.....", my personal desires??? the outcome of schnenderman's so-called "settlement" created the ire of the majority of owners in this very forum, not only from the standpoint of MY PERSONAL DESIRES. were you pleased with his "settlement?" if so, no criticism, but you're in the minority, just as a point of information.

fibon wrote:

chrisv126 wrote:

becky, your comments are worth much more than "two cents;" they make sense.

regarding further action, i certainly would not want to corrupt zimmerman's possible suit, but as has been shown on this page, a few responses above, he seems not to be responsive to peggy's twice trying to connect with him in order to join his yet-unestablished suit (that i am aware of). we also have not seen one word from him on redweek for a long time. this might be time to try a tactic similar to that which we tried and failed with the unprofitable outcome of the former nysag schneiderman's inept legiislatve skills. now we have new blood in the form of the honorable ms letitia james our new new york state attorney general. perhaps filing individual claims and comlaints with her might prove to be to TMC owners' advantage. she has all the background TMC investigative information from schneiderman's records. ms james could either reopen schneiderman's case OR begin afresh with her own legal expertise, starting her own new court case. this idea is certainly worthy of consideration by TMC owners on redweek.

Hi Cris. It was your NO X message in regards to the chance to open a new INVESTIGATION on behalf of the TMC owners. What stops you and your group from sending such an mail-email? It's quite easy. Prepare a draft of a letter, post it on a Redweek, then each owner will modify it according to the personal experience and send mail/ email it to the new NYAG. That will in no way interrupt with other possible laws suites but benefit the owners. The previous NYAG investigation has started with around a hundred of owner's complaints, therefore if 80 group members support it, that might lead to a new investigation.

Typically, a new suite/investigation has to be supported with new/updated claims. You have to determine what is 'new'. For that you have to familiarize with the NYAG investigation that is publicly available thru the Court-s filing and, particularly with the NYAG's Assurance of Discontinuation, the document which is only about 30 pages to read. Don't forget you get only 1.5 remained years to sue the TMC, then you will face to deal with the Bluegreen Inc.

When you are blaming the NYAG for the non-compliance with your personal desires for no justice pls note that the best NYC lawyers do not work at the NYAG office but held their own practice. These best attorneys to oppose our owners' interests were paid off from our/owners'r maintenance fees. Have a respect what the NYAG has done to crucify the timeshare industry.

If the new owner doesn't own our contracts who has the authority to control/negotiate the maintenance fees?

I would support and participate in that.

hello bonnie,

i'm not sure of the gist of your comment (support and participate??). please clarify. thanks.

chris

bonnieh239 wrote:

I would support and participate in that.

Gail, I do not believe your statement is accurate. I believe we own the air space and Eichner owns the brick and mortar.

So, we have fee simple deeds to air space? Not sure about that. Is your deed fee simple?

My deed is fee simple. Research this on the internet "what is a fee simple deed" - what do you think that means?

Not sure why I cannot connect with anyone on this class action suit. Every message I send is undeliverable????? joaniemac53@aol.com

the following information about a fee simple deed is copied and pasted directly from google:

especially for roberts and gailj--------------

google's definition of a fee simple deed:

"An interest in land. Land owned in fee simple is owned completely, without any limitations or conditions. This type of unlimited estate is called absolute. A fee simple is generally created when a deed gives the land with no conditions, usually using the words like "to John Doe" or "to John Doe and his heirs"."

just an observation: part of the above says ".....gives the LAND with no conditions....."; no mention of "air space"

since i cannot comment legally on the above definition, that's exactly what i found. if someone with legal expertise wants to challenge this definition, contact google. let us know if the explanation is in error.

Sorry Robert S this is a Condo, its own by the timeshare owners not Eichner that's why if there is a roof or any repairs owners has to pay owners also has to pay for all maintenance and Property Tax, not Eichner, if you have your deed check it

We own brick and mortar — we all pay real estate taxes on Manhattan Club; its included in our annual bill.

roberts714 wrote:

Gail, I do not believe your statement is accurate. I believe we own the air space and Eichner owns the brick and mortar.

BREAKING NEWS ON REDWEEK

Unhappy timeshare owners sue Boca’s Bluegreen Corp. over sales tactics

...Contrary to claims made by Bluegreen sales people, annual maintenance fees on the units increased substantially each year, attorneys Jason Whittemore and Todd Friedman wrote in the lawsuit. Further, points that purchasers were told could be used indefinitely to rent other units expired at the end of each year. Also, although they were told the timeshare purchase came with money-back guarantees, they were unable to cancel their purchases or get refunds...

They claim Bluegreen’s tactics violated Florida’s Deceptive and Unfair Trade Practices Act.

https://www.palmbeachpost.com/news/crime--law/unhappy-timeshare-owners-sue-boca-bluegreen-corp-over-sales-tactics/ufhQKiJDVVv7xtTlnj5HiI/

I sit corrected. Thanks for setting the record straight.

Why can’t I reach you! joaniemac53@aol.com I am an owner and wish to be include in the class action suit. I have written to both emails specified but it bounces back as undeliverable.

Hello, I am a manhattan club owner with 2 contracts ( one whole wk. and one biannual.)I have kept up with all my maintenance fees for the past 12 years. Can you please tell mehow you “reverse sold” your week and what the procedure was.?Thank you. .