Vacation Village in Berkshires Hancock Massachusetts

Does anyone know an attorney in this area which could be hired to handle the transfer of unit to an interested party. Receiving no assistance from Vacation Village in terms of recommending. I am not a Massachusetts resident

milop2 wrote:

Does anyone know an attorney in this area which could be hired to handle the transfer of unit to an interested party. Receiving no assistance from Vacation Village in terms of recommending. I am not a Massachusetts resident

One very reputable closing company is www.timeshareresaleclosings.com/ JRA Services .... they will handle everything from providing the transfer contract, to holding monies in escrow to notifying the resort and county of the transfer after the transaction is complete.

Thank you very much

Does anyone out there own with VV in Berkshires and had luck getting out of their timeshare? The last time I called them, they said they do not have a 'take back' program. We've been paying our maintenance fees and not using this timeshare ever! We are retiring and had enough of wasting money on the worst decision we made ..

Corporate Vacation Village has worked with members to take back timeshares. Berkshires took a unit back, but it helped that the husband was a paraplegic, shot 30 years ago while on duty as a police officer. His wife stayed there when he was in the hospital and said she had been deceived into buying. Their contact: Ms. Robin Peck https://vacationvillageresorts.com/berkshire_mountain_lodge/index.html rpeck@tricommanagement.com 413.997.3537 Extension 1 Robin Peck, General Manager This is ARDA's Coalition for Responsible Exit https://responsibleexit.com/

Below is a quote from ARDA-ROC Chairman McKelvey. I sat behind behind him while he testified. I have found several resorts with no responsible exit. Call VV Berkshires and ask them if they are a member of the timeshare industry lobby ARDA. Let them know that ARDA is promoting responsible exits. Please post back and let me know what they reply. I am preparing a research report. Mr. McKelvey, representing ARDA ROC, testified “most of the developers I know and certainly most of the timeshare managers I know, and I managed timeshare properties for thirty years… every single resort had a dissolution policy, every single (one). There was a way to get out. You had to come to your management company, and based on what the board of directors instructed us (the management company) to do in the terms if they had to pay a fee or if they had to be current, whatever those situations were, we did not have a one that did not have a dissolution policy and a hardship policy….”

Wow - that's encouraging to hear ... Our youngest is getting married next week, so I will definitely follow through on your suggestion thereafter. Thank you - and I'll be sure to let you know what happens

We are following through on what you suggested above. "Financial Hardship" in this times is a true range of complications! I wanted to share with you a post when I was looking up info on 'responsible exit" It was not good PR for going this option. We will contact management, and let you know how that goes. We just got our maintenance bill ... It went from $180 to $890 in these short few years~!

...https://reformtimeshare.org/newsroom/timeshare-industrys-responsible-exit-program-is-a-fraud/

Resort HOA's (particular independent resorts which are not associated with any "chain") can (and do) determine their own individual internal "deedback" policies. Understandably, few (if any) of them want to take on the responsibility and burden of having to be subjective arbiters of what constitutes "financial hardship". In these difficult times, most people (except the "one percenters", of course) are experiencing some form of financial hardship in their lives. It is a very difficult matter for (unpaid volunters, let's remember) HOA / BoD members at independent resorts to have to somehow decide what constitutes "financial hardship", bearing in mind that "independent" resorts do not have the luxury of the deep pockets and / or tax liability manipulation ("write offs") which the big corporate chains possess and routinely practice.

That much clearly stated, many resorts have belatedly come to realize that a "deedback" program may, in the final analysis, be more cost effective than foreclosures --- and certainly a lot less headache, time and expense than having to sort out the legal mess and tangles created when the assorted scam / fraudulent "exit" entities muddy up clear title. Still, virtually all independent resorts insist (appropriately, perhaps) that all fees first be fully paid up to date before considering a deedback, which essentially allows people to just walk away and leave remaining owners "holding the bag" for the costs to support the facility.

This is a tough subject with many factors and different perspectives, but let's never forget the indisputable fact that the RD in ARDA stands for Resort Developers. ARDA interests, policies and practices are (and will always be) ONLY in corporate profits, PR, marketing and the developers' bottom lines --- NEVER with any concern for (nor any interest whatsoever in) the well being (financial or otherwise) of the consumers to whom they want to peddle and sell "the product".

KC Timeshare were routinely sold as real estate, easy to sell, yet VV requires medical or financial hardship. If I have a 5 BR home and the kids moved out, I don't need to prove hardship to downsize. A Canadian VV owner, age 80, a widow, has debilitating arthritis so bad she can't lift a large glass of water, much less a suitcase. She also said she has cognitive dysfunction. She has been attempting an exit for years. I got on the phone with her. We were transferred to three departments, then sent back to the first department that turned out not to be the correct department, owner services instead of owner resolutions. She just submitted medical documentation. All her pain pill prescriptions (in the middle of a pandemic) wasn't sufficient. She is grateful she got this far with a maybe.

ARDA encourages up-selling to those in distress, as reported by Communal News 11/20/20 below. Many members have reported they attended a presentation specifically to exit the timeshare due to financial distress, but were convinced to buy additional points, falsely promised that they could only cancel, or be able to sell points if they purchased more points. "The way these companies are treating their valuable customers during these challenging times is downright strange and cruel…..The comments of the chair of the American Resort Development Association-resort Owners Coalition (Kenneth McKelvey) have been highlighted in the recently -issued Forbes article in which he said, “The best thing we can do with exit (is) judicial foreclosure, ruin the credit and enforce the contract.” “Each developer should have an exit strategy office with (their) call center, also can be an opportunity to upsell. Only 40-50% (of owners) actually exit after reaching the office of exit.” https://communalnews.com/the-impact-of-coronavirus-on-travel-and-tourism-globally/

With all due respect, I really have to wonder why the 80 years old Canadian widow referenced above doesn't just politely tell VV in Massachusetts to GO POUND SAND?

After all, there is absolutely nothing that VV can possibly do if an elderly Canadian citizen decided to just walk away from that timeshare. VV would ultimately foreclose on the timeshare ownership of course --- but so what? It's not as though there is any imaginable scenario in which the elderly Canadian widow could or would ever receive anything back from VV, so why even bother dealing with them any further at all if they are being so difficult? Why not instead just bid VV a quiet and permanent farewell, never communicating with them again and never sending them another penny? Why spend stressful time and effort merely being sent around in circles, apparently to no productive end? At her advanced age and in her personal situation, she surely does not need this particular headache in her life and it would certainly seem that the VV personnel are being both insensitive and obstructive.

If in that widow's shoes, I would just simply wave GOODBYE to VV and be DONE with them forever. If they won't willingly accept a deedback, then VV can instead undertake the otherwise unnecessary time, effort and expense to initiate foreclosure. VV would get the ownership back much more quickly and easily by merely accepting a quit claim deed from the widow, but if VV chooses instead to do things the harder, more expensive way, then by all means let them go right ahead and do so.

KC The reason is because seniors in their 60s 70s and 80s, and I have heard from 10 in their 90s, have never encountered a bill they did not pay. They all have the highest credit scores. They have never uttered the word default. If there ever was a bill they did not pay, they would never sleep well again. My mother born in 1909 was like this. They have lived their entire life towing the mark. They can't handle the thought of being in default. That's why. It's their programming that was never more ingrained than in the 40s and 50s. Everyone has their own tolerance for default. There has never been a product you can't sell or give back accompanied by perpetual fees that I am aware of. ARDA's coalition for Responsible Exit works sometimes, but in the case of Vacation Village and Orange Lake you have to prove medical and financial hardship. Being a widow, age 80, Canadian, is not enough. Anita wants to do what she firmly feels is right. We're waiting to hear the VV response. We have an article ready. Anita computerized the first school library in Ontario. She's a very good writer. I published this article on Linked-in about Senior Defaults if RedWeek doesn't mind my providing the link. https://www.linkedin.com/pulse/senior-timeshare-defaults-irene-parker/

Your advice is 'spot on' especially that people from our generation would loathe to go into default! Ok, this is my newest question. Since we got NO help from VV that there were any options to exit responsibly, and since we have NO 'financial hardship' as this thread seems to define .. our only hardship is we are retiring, only went ONCE to this timeshare, the maintenance fees have gone up 4X the original price ... and, we are retiring in a few more years and going over seas. So, what do we stand to loose if we just send them a letter, and refuse to pay our maintenance and 'walk away!?" Our credit is perfect, we just about own our home, all our kids are out on their own ...

Defaulting on a loan (...any loan, timeshare loans included) will usually (at least 70% of the time) result in a negative credit report, which will then remain in place for 7 years. However, for a fully paid off timeshare (i.e., no unpaid loan balance), failing to pay maintenance fees will inevitably result in foreclosure, but no other consequence in at least 85% of reported instances.

So, to answer the question "What do you stand to lose?", if there is no unpaid loan involved, it's a high probability that the answer is NOTHING.

If you send a letter, make it abundantly clear to the HOA that they really have only two choices --- willingly accept a deedback, or expect to see not another penny --- and just go right ahead and foreclose. Give them those two crystal clear choices. No need to grovel; you have leverage here --- so exercise it!

Irene, I get that some people don't feel right defaulting or deliberately failing to pay an obligation. And yes, I understand that some people's consciences won't let them rest easily if they did deliberately default. With that in mind, I don't see what conflict there would be if such a person took KC's advice above to give the HOA an ultimatum. The HOA would likely take such a threat seriously and start the process of deed back which would be a lot better than starting the process of foreclosure. The owner would likely have to pay closing costs but it would be a clean transfer without defaulting.

However, if the owner has this conscience that he must pay fees for a unit that he is not using, then I say fine. Pay it. Just don't complain about it when you have the option of foreclosing, listing it for give away, or contacting the resort's HOA to somehow negotiate a deed back.

How can a person get out of Berkshire Timeshare, we have tried but are Scammer companies, is there an Attorney that deals with this that's 100% legit? We paid it off but can't continue to pay these fees that keep going up. Any advice will help, please no “ fluff” just someone that can get us Out! Thanks for the advice.

Have you contacted the resort and ask if you and get out of your contract by filing a deed back ? Sometimes they require you to pay the next years maintenance fees to give them time to find a new owner . I got rid of two timeshares in 20112 that way .

joank219 wrote:

Is there an Attorney that deals with this that's 100% legit?

Yes, there are attorneys that deal with this and are legit. However, there is no need to use one. An attorney is going to charge you thousands of dollars to do something you can do yourself. Try following Don P.'s advice above

Lance, Vacation Village does not take any threat seriously. I always advise owners to respond to communication from their resort rather than just stop paying. However, unless you have a medical or financial documented hardship, so far VV owners have been left with no choice but to default, although with brute determination, some have been released. I have heard from many VV people. Karl in Nova Scotia was terrified of defaulting, even living in a foreign country. He was worried because his wife's career could be in jeopardy with negative credit reporting, even just on maintenance fees. Another owner that was dismissed with "Find a buyer" provided information that VV default rate has increased from $5 million to $17 million. Karl tried to do the right thing, but with no medical or financial hardship, he defaulted and has had no regrets. He sent the appropriate correspondence. https://tarda.org/f/canadian-snowbirds-stuck-with-us-timeshares These timeshare were all sold as being "just like real estate" so easy to sell. One attorney said that if those held hostage for the rest of their lives, paying for a timeshare that they can't use or don't want, if they keep paying they are rewarding unethical corporate behavior. So much for ARDA's Responsible Exit, problem solved! I sat behind Kenneth McKelvey, ARDA-ROC chairman testifying at a Florida legislative workshop in 2019, "All resorts have a responsible exit! I've been in this business for 30 years! All resorts have a dissolution policy!" Well, that was totally false. I can name about a dozen that either will not take the timeshare back under any circumstances, or charges so much it is unfeasible. Alpenland in Illinois wanted to charge a senior with debilitating health issues $6,000 to take back the timeshare he used once in 1985. He ended up negotiating $1,500. The games we play.

This is our update as was requested ... we are in the same boat with fees going up, our deeded week all paid for, we are not using the timeshare, VV not taking back the deed, and we are not interested in any services that promise miracles of a smooth exit for $3500! We intentionally missed paying our last maintenance bill in the middle of covid ... I spoke to them and told them it would be impossible for us to pay for a most likely unacceptable reason (we are old, don't use, and moving out of the country ... and they should please list it for rent to cover part of the costs) .. so for an update ... they seem to be getting DIFFERENT collection agencies to run after us ... to no avail! At our age I could give a rats arse if we have bad credit! And that's our story for now which we are sticking to. We will be moving out of the country soon! I cannot forget the hype during our original visit "These timeshares are selling like hot cakes; the commission I make is more than I have in my life time! I love it here and you will too!

That is the usually recommended plan of attack. If you have tried everything including asking the resort to take your unit back, then your next best bet is to just stop paying and let it go into foreclosure. As for the collection agencies, they are usually all bark and no bite.