Manhattan Club Lawsuit

Curious to hear what collection steps or foreclosure actions have been taken by TMC against non-payers.

As things stand right now, TMC is enjoined from taking any foreclosure action against us for non-payment. By continuing to pay maintenance fees we are funding the very organization that is screwing us.

I'm stopping the automatic debiting of my account for mortgage payments, and will not pay the next maintenance whenever it is invoiced.

We feel the same. Just want what we were promised. We are definitely in...

marye720 wrote:

Yes....you just have greater numbers supporting your case with class action.....but all the relief you are seeking plus any monetary award will only come from the courts.

cynthias402 wrote:

What if you don't want cash back? What if you only want relief in the form of ease of use in getting reservations, cap on maintenance fees, adherence to original terms of contract? Do we still need class action suit?

as has been stated so many times inthis blog the AG represents the Sate of NY and inno way the owners. What do you mean by relief from the courts??? Robert 788

cookiel7 wrote:

We feel the same. Just want what we were promised. We are definitely in...

marye720 wrote:

Yes....you just have greater numbers supporting your case with class action.....but all the relief you are seeking plus any monetary award will only come from the courts.

cynthias402 wrote:

What if you don't want cash back? What if you only want relief in the form of ease of use in getting reservations, cap on maintenance fees, adherence to original terms of contract? Do we still need class action suit?

What type of relief could be obtained by the State of New York that didn't benefit all owners? I understand the AG represents the State and not the owners and that this is a securities fraud case. I've skimmed over the filed docs and haven't been able to determine what is the relief requested and how will it not benefit the owners from out of state while benefiting the State of New York and/or owners living in the State of New York.

Have done the same thing. Paid the real estate tax only. Don't plan to pay for 2015 maintenance fees either.

I am also refusing to pay my ridiculous maintenance fees, which are currently due, and I keep getting calls from TMC which I do NOT pick up, with the same message asking for my payment. Luckily, they do not have my credit card on file! I just received a statement with Late Charges and Finance Charges, making my balance due a whopping $2,605!! I feel so ripped off and cheated by this experience. I hope I won't incur any negative backlash on my excellent credit rating by not paying this. Is it definite that the injunction prohibits them from attacking our credit if we don't pay? My timeshare is paid off, so it's just the maintenance fees I'm worried about. Am I at risk? Also, if I just pay the real estate taxes, where do I submit that payment, to TMC or directly to the state of NY? Thanks.

robertb1802 wrote:

Curious to hear what collection steps or foreclosure actions have been taken by TMC against non-payers.

As things stand right now, TMC is enjoined from taking any foreclosure action against us for non-payment. By continuing to pay maintenance fees we are funding the very organization that is screwing us.

I'm stopping the automatic debiting of my account for mortgage payments, and will not pay the next maintenance whenever it is invoiced.

I spoke to both the Club and more importantly Asst. SG Farooq-they can definitely turn over unpaid maintainence fees to a collection agency-some where in this blog it's written that we have the right to explain our situation to the collection agencies, for what ever that's worth. Robert 788

pattib159 wrote:

I am also refusing to pay my ridiculous maintenance fees, which are currently due, and I keep getting calls from TMC which I do NOT pick up, with the same message asking for my payment. Luckily, they do not have my credit card on file! I just received a statement with Late Charges and Finance Charges, making my balance due a whopping $2,605!! I feel so ripped off and cheated by this experience. I hope I won't incur any negative backlash on my excellent credit rating by not paying this. Is it definite that the injunction prohibits them from attacking our credit if we don't pay? My timeshare is paid off, so it's just the maintenance fees I'm worried about. Am I at risk? Also, if I just pay the real estate taxes, where do I submit that payment, to TMC or directly to the state of NY? Thanks.

robertb1802 wrote:

Curious to hear what collection steps or foreclosure actions have been taken by TMC against non-payers.

As things stand right now, TMC is enjoined from taking any foreclosure action against us for non-payment. By continuing to pay maintenance fees we are funding the very organization that is screwing us.

I'm stopping the automatic debiting of my account for mortgage payments, and will not pay the next maintenance whenever it is invoiced.

In case you missed this in the other forum...

There was a new court filing just Wednesday. The Feb. 11 filing can be viewed using this link. It certainly shows why progress might seem slow to those of us observing. They are seeking financial records back to 2008, contracts with RCI, Disney, and Bluegreen; bank statements, employee lists, e-mails, and and metadata files (electronic files) of the club’s homeowner association.

Many of the requested documents are due to be filed with the AG’s office by the close of business today, Feb. 13. The remainder are to be filed by Feb. 27. While the AG’s voluminous search for information continues, New York Special Court Referee Stephen E. Liebman agreed to schedule a hearing on the case for March 6. We’ll provide more information about the case in a follow-up report on RedWeek.com.

If you are an owner, don't forget to tell us at our page devoted to this issue, so we can keep you updated: http://www.redweek.com/outreach/manhattan-club

I also made a decision to pay 2015 Real Estate taxes only and stop Maintenance fees payment. I received the 'final notice' with the full payment amount. Because I did not receive the original invoice I called to find out the amount for the Real Estate taxes. As Heather told me it was $140.74 for the One Bdr suite, biennual, flexible. BTW that differs with the 2015 Annual Budget.

I then sent a certified letter asking to charge Real Estate taxes. Later on, to my amazement, the CC transaction description stated that $140.74 was charged for the MC 'Cleaning, Maintenance, and Janitorial Services'. I contacted MC again asking to change the transaction description and was told that such description was initiated by my CC provider. CC denied and opened a dispute.

Yesterday I received another letter from MC that my Maintenance AND REAL ESTATE charges were past due and late fees applied. Check your CC MC transactions! MC people are liars.

We have decided not to pay them one more cent--they can keep it to many problems with this place.

Here is the link to the Feb 11, 2015 stipulation from the Attorney General to TMC. Facinating reading! The AG is demanding an unbelievable amount of documents from TMC that should surely reveal the scam they have been running for years, namely telling all of us owners that no rooms are available, while renting rooms galore to the general public thru various on-line hotel sites.

https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=QVaOsHJA9CoGvAEY_PLUS_i27lA==&system=prod%22

EVERYONE HAS TO STOP SENDING THEM MONEY!

Your defense is they are accused by the NY Attorney General of committing fraud in the operation of TMC timeshare. You can send to the credit bureau a copy of press release from the NY AG describing the alleged fraud as well as the injunction granted by the court preventing TMC from taking any foreclosure steps against us.

Here is the link to the press release:

http://www.ag.ny.gov/press-release/ag-schneiderman-announces-court-order-barring-sales-manhattan-club-timeshare-hotel

Here is the link to the injunction:

http://www.ag.ny.gov/pdfs/Order%20signed%207-24-2014.pdf

Can you please check the link to the feb 11th order, I can't seem to get it. Thanks Keep up the good info on this.

The link is 2 lines long. Copy both lines and paste the entire thing into your browser address bar.

https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=QVaOsHJA9CoGvAEY_PLUS_i27lA==&system=prod%22

I just changed the credit card number on the account that TMC was using to charge our monthly mortgage payment. The next time they process a payment it will bounce.

EVERYONE HAS TO DO THIS. STOP FUNDING THEIR FIGHT AGAINST US AND THE AG. NO MORE MORTGAGE PAYMENTS, NO MORE MAINTENANCE PAYMENTS.

Here is the link so you can click directly: https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=QVaOsHJA9CoGvAEY_PLUS_i27lA==&system=prod%22

Thanks I got the order. It is good reading. Hope they get their due.

Here is the text of my letter to the Consumer Financial Protection Bureau asking them to open a federal investigation into the fraudulent operation of TMC. Everyone is free to use as much or as little as they see fit. -------------------------------------------------------------------

February 17, 2015 Consumer Financial Protection Bureau 1700 G Street N.W. Washington, D.C. 20552 Re: Manhattan Club Timeshare Scam Dear Sir or Madam:

I am writing to request that your agency open a federal investigation into the fraudulent and deceptive practices of the Manhattan Club and its related companies.

The Manhattan Club is a New York timesharing company from which we purchased and financed timeshares in 2005. They have recently been charged by the New York State Attorney General with committing fraud against its timeshare owners, and is now the subject of an extensive fraud investigation into all aspects of its finances. Here is the link to the press release issued by the Attorney General which outlines the charges against The Manhattan Club.

http://www.ag.ny.gov/press-release/ag-schneiderman-announces-court-order-barring-sales-manhattan-club-timeshare-hotel

My wife and I purchased 2 timeshare units at The Manhattan Club in 2005, and entered into a financing purchase agreement for one of the units through their finance subsidiary, "O. Park Central LLC." Unfortunately, we learned right after we purchased that the sales pitch was blatantly false. Rooms were never available to us when we called to try to reserve, no matter how far in advance we tried to book. Rooms ARE NEVER available to timeshare owners who call to try to make reservations. We were mislead by sales representatives during the purchase of our units and we have been denied the right to use our units for many years. The Manhattan Club has engaged in a scheme to manipulate the issuance of room reservations which has denied owners rightful access. At the same time, cash paying, non-owners can easily purchase rooms on any of the hotel reservation sites on the Internet.

I would also like to make you aware that the NY State Supreme Court has issued an injunction against The Manhattan Club which prevents the timeshare organization from taking any steps at foreclosing against owners for non-payment whom they may have defrauded. The Manhattan Club is also enjoined from selling any new timeshares, or draining its bank accounts or the bank accounts of its affiliated companies. Here is the link to the actual injunction issued by the court.

http://www.ag.ny.gov/pdfs/Order%20signed%207-24-2014.pdf

My wife and I have excellent credit, and for 10 years we have diligently paid The Manhattan Club on time. However, we have come to realize that The Manhattan Club and its timeshare operation is nothing more than a "Ponzi Scheme", similar to the scam perpetrated by Bernard Madoff. We refuse to be ripped off any longer. We have reached the end of a reasonable person's ability to accept such dishonest and fraudulent treatment. We have paid them for 10 years for the use of a timeshare which they have continuously and routinely denied us access to.

Their conduct has been so egregious and has affected so many owners throughout the US that we are asking your agency to open a federal investigation into the fraudulent and deceptive practices of the Manhattan Club and its related companies. Estimates place the number of affected owners at 15,000-20,000, most of whom do not live in New York State, and makes it an appropriate subject for a federal investigation by your agency. Please feel free to contact me should you have any questions regarding this matter.

Sincerely Yours, Robert Biello rbiello2@gmail.com

Where does one send the Real Estate tax that is added on the maintenance fees bill related to our unit.

GREAT letter! Please let us know if there is any response. I have not heard from the Attorney General since I wrote my inquiry.

I write a check to the MHC, address it to Financial Services and make sure to note our contract number and that it is for property taxes for that year in the memo section.

Upon clearing, I print a copy of both sides of the cleared check(from our banking website) and add it to our records for the MHC.

We too, have decided to only pay the property taxes and have withheld our maintenance dues since 2014.

I have also made copies of voice messages and letters from the MHC that threaten "foreclosure" activities after the injunction was issued against them as evidence of their failure to abide by the terms of the injunction. I have forwarded copies of the letters to the AG's office and am saving the voicemail messages for additional evidence that may be requested by the AG's office.