Quit Claim Deed and Getting rid of a time share

I own a Time Share at Morritts Dry Tortuga. Had is listed for 2 years in TUG and others and is the cheapest one with never a phone call. Just want to dump it. Has anyone used a "Quit Claim" deed to get rid of a timeshare. If so, could you reply to bill@apollogroupus.com and let me give you a call.

billh54 asks: >> Has anyone used a "Quit Claim" deed to get rid of a timeshare? << =================================================

Quit claim deeds can be (and often are) used to convey a timeshare ownership, but please clearly understand that there must first be a willing recipient in order for a quit claim deed to be lawful and valid.

If you are somehow of the belief that you could simply "give it back" or just "dump it" on someone / anyone by unilaterally issuing a quit claim deed without the knowledge, consent and acceptance of the grantee, you would be completely mistaken in that particular belief.

billh54

You indicate you own a timeshare at Marriott Dry Tortuga and want to dump it via a "Quit Claim" deed. To record a quitclaim deed in the deed records without the grantee's consent would be a criminal act. That is, the deed to have any validity most have the grantee's name inserted in the deed and to pick a name at random without their consent is fraud!

The purpose of a quitclaim deed is to "pass any title, interest, or claim which the grantor may have in the premises" (Black's Law Dictionary) and is typically used to clear up the title to property. The most common use would be to deed the property back to the resort (HOA) in lieu of a foreclosure. To convey title to anyone without their consent would be a fraudulent (criminal) act.

I suggest you contact Marriott and explain your financial situation and hopefully get them to consent in writing to you transferring the property back to the resort. You might offer consideration to do so. But, you should be aware, very aware, that to convey a title to anyone via a quitclaim deed without their knowledge and consent is fraud.

billh54 wrote:

I own a Time Share at Morritts Dry Tortuga. Had is listed for 2 years in TUG and others and is the cheapest one with never a phone call. Just want to dump it. Has anyone used a "Quit Claim" deed to get rid of a timeshare. If so, could you reply to bill@apollogroupus.com and let me give you a call.

Quit claim it to who/what? The resort (9.99% out of 10.00 %) won't take it back, quit claim or otherwise.

billh54 wrote:

I own a Time Share at Morritts Dry Tortuga. Had is listed for 2 years in TUG and others and is the cheapest one with never a phone call. Just want to dump it. Has anyone used a "Quit Claim" deed to get rid of a timeshare. If so, could you reply to bill@apollogroupus.com and let me give you a call.

Morritt's Tortuga Club is a popular resort in the Caymen Islands. Try dropping your price until you get some interest .... it should sell.

I have posted this as the least expensive Ocean Front time share at Morritts in both TUG and Redweek. I find it interesting/suspicious that others are allegedly selling when I have gotten 1 call in 3 years. I guess I was really naive when I bought this and listened to all the lies of the sales people. Bill Handley

billh54 wrote:

I have posted this as the least expensive Ocean Front time share at Morritts in both TUG and Redweek. I find it interesting/suspicious that others are allegedly selling when I have gotten 1 call in 3 years. I guess I was really naive when I bought this and listened to all the lies of the sales people. Bill Handley

Bill: I don't claim to know a single thing about your particular timeshare, but I will nonetheless offer the following generic thoughts, applicable anywhere:

1. You might also consider MyResortNetwork.com as an additional advertising site. TUG is very good for knowledgeable, well informed forum discussions (and for low priced last minute rentals), but TUG is not known as a particularly good "selling" site.

2. I wouldn't draw any premature conclusions about what you apparently perceive to be "other sales" at your resort. They could be sales made at FAR below the advertised price, made to a friend or family member --- or they may not really be actual sales at all. Some advertisers will "manufacture" an artificial "market desirability" by taking down an ad which has generatetd little or no interest and falsely indicating it as "sold". Lo and behold, however, some months later the same week shows up for sale again --- by the very same seller! Also, the underlying deeded week matters a LOT, particularly in fixed week ownerships. Many "float" week ownerships also have unacceptable "blackout" periods. Unit size can also be a factor --- studios have very little attraction for most people (and for ALL families). In short summary, there are lots of reasonable explanations and possibilities which might render unfounded any "suspicions" about your not getting much interest. Food for thought...

3. Developer sales people are notorious liars; twisting the truth, misrepresenting facts, painting unrealistically rosy pictures and pie-in-the-sky scenarios, and making assorted false and misleading verbal (...but never written) statements. It has often been said about a developer timeshare salesperson that "If their lips are moving, they are probably lying".

Good luck; now is certainly not the best economic climate in which to be selling a Caribbean timeshare. If / when airfares ever begin to come down from the upper stratosphere, buyer reluctance may subside for Hawaii and Caribbean locations.

I would like to give my timeshare away to someone. If I had a taker, do I have to go through a title search etc. I can understand those procedures if you are paying money but if you get it for free? I called my timeshare as I have someone interested to find out what to do and they just want to pass me on to some realtor to handle it. My unit is free and clear.

any suggestions?

billh54 wrote:

I have posted this as the least expensive Ocean Front time share at Morritts in both TUG and Redweek. I find it interesting/suspicious that others are allegedly selling when I have gotten 1 call in 3 years. I guess I was really naive when I bought this and listened to all the lies of the sales people. Bill Handley

It doesn't matter if your timeshare week is the least expensive listed on all the ad sites. The vast majority of timeshares listed in ads are overpriced by owners.

Also, what you paid the developer has absolutely nothing to do with what you will get on the resale market.

Keep lowering your price if you urgently want to sell it. People are looking for the best bargains out there IF they are interested in buying a timeshare at all in this bad economy.

michaelg451 wrote:

I would like to give my timeshare away to someone. If I had a taker, do I have to go through a title search etc. I can understand those procedures if you are paying money but if you get it for free? I called my timeshare as I have someone interested to find out what to do and they just want to pass me on to some realtor to handle it. My unit is free and clear.

any suggestions?

You shouldn't have to perform a title search if the timeshare is free and clear of all liens (loans and up-to-date paid maintenance fees), but if I was a buyer I would insist on proof of such which you can provide via your records.

You can perform a 'quit claim deed' if the other party is willing or you can use a reputable closing company (search reputable closing companies) in the forum search feature here.

Hi. There are timeshares listed on ebay.com for $1 or less that I would never buy. I might not buy them if the seller gave me money plus the timeshare. Their maintenance fees are excessive for the vacation esperience and price for which I am looking. I don't know if your timeshare falls into that category, but there are many that do fall into that category. It is possible that your timeshare will never sell depending on the particular cost associated with the timeshare week. If your timeshare falls into the category I described, and you want to avoid a bad credit score or bankruptcy, your best bet is to rent for the best price you can get and minimize your losses. Stan.

stanleyf5 wrote:

Hi. There are timeshares listed on ebay.com for $1 or less that I would never buy. I might not buy them if the seller gave me money plus the timeshare. Their maintenance fees are excessive for the vacation esperience and price for which I am looking. I don't know if your timeshare falls into that category, but there are many that do fall into that category. It is possible that your timeshare will never sell depending on the particular cost associated with the timeshare week. If your timeshare falls into the category I described, and you want to avoid a bad credit score or bankruptcy, your best bet is to rent for the best price you can get and minimize your losses. Stan.

This is the 'catch 22' of timesharing .... first you pay to purchase your timeshare then you pay to use your timeshare (maintenance fees each year) .... doesn't sound like a good deal, but millions fall for it.

Did a quit claim to one resort for one week with all fees current. They took it back but then reported me as delinquent on the next years dues. Only negative ever on my credit report. Looked at the companies that will take ownership for a fee and found fees from $1200 to over $6000 just to get rid of a timeshare week. The low end might be a bargain but look before you leap.

I ready your post. Would you do it differently or just quit claim back anyway.

Did you not read what the previous poster posted .... the Quit Claim Deed didn't work ... the resort didn't want the week back and he is still being billed for yearly maintenance fees and his credit has been negatively affected.

There may be an alternative to using a quit claim deed to convey one's interest in a time share. Depending on your jurisdictin, conveyance can be accomplished by assignment of contruatual rights and obligations. The only deed formalities that must be adhered to are the Statute of Frauds, which requires a writing, and the assignment must be signed by the grantor. Consideration is required for all contracts and/or modifications such as an assignment. If you choose to go the deed route, then no consideration will be needed. RCW 64.32.120 speaks to deeds re condominiums, and some provisions may be applicable. Check the most recent case law in your state. Bottom line - if the intent of the parties is clear, the property / possessory interest to be conveyed is matter-of-factly described, and the writing is signed by atl least the grantor, then you should be alright barring any prohibitions to the contrary.

In regard to the above post by ryans154, one critically important point should always be kept clearly in mind; it is a point which warrants repetition, regardless of geograhic location or jursidiction:

Regardless of the means (whether by quitclaim deed, warranty deed, conveyance, contract transfer, etc.) there ***MUST ALWAYS*** be two informed and willing (i.e., consenting) participants in the transaction.

In other words, there is NO lawful means by which one party can EVER lawfully, unilaterally just "dump" an ownership or RTU contract upon someone else without the knowledge AND consent of that "recipient" --- NONE!

Dear Owners,

This is a tough position to be in. Some timeshares are very difficult if not impossible to sell. Some you have to consider just getting out of the contract to pay the maintenance fees forever, lest you ruin your credit and get a judgment placed on you for non-payment. Some are easier to rent.

All the Best

Preston Vacation Homes Only

NEVER pay anyone money upfront to rent or sell your timeshare.

vacationhomesonly wrote:

Dear Owners,

This is a tough position to be in. Some timeshares are very difficult if not impossible to sell. Some you have to consider just getting out of the contract to pay the maintenance fees forever, lest you ruin your credit and get a judgment placed on you for non-payment. Some are easier to rent.

See one of our sites to educate yourself about your dilemma and your options:

There is never a charge or any fees for what we do and how we do it.

See: TimeshareQuitClaim.com

All the Best

Preston Vacation Homes Only

So, Mr. Green, I see that now you're involved with a Viking Ship operation (note 'see one of our sites' in your post above) where you take a deed (for a very large fee) never intending to pay maintenance fees forcing the timeshare to go into foreclosure.

I don't think I would be posting on Redweek's forums advertising your scam .... you're in enough trouble here already.