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Resort campground timeshare dilemna

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JerryBear

Junior Member
What is the name of your state? Wisconsin

I have a hot potato on my hands, and am wondering how bad I'm gonna get burned -

Back in 1986, wife #1 and I bought 2 shares of a UDI in a resort campground in Door County, WI.

In 1993, wife #1 left and divorced me, and I was awarded both shares in the settlement. In the ensuing hazy depression I never had her sign a quit claim, however, and she is still on the deed, but read on...

Like many divorcees, I was broke and paying a mountain of child support, and fell behind on my dues payments. I got a past due notice or two in the mid 90's, and they stopped sending anything shortly thereafter. In good time (almost immediately) I had forgotten all about it and them, figuring they must have gone broke or been sold, and wrote it off as a loss (in my mind, not on my taxes).

I haven't been up there since 1994 or 1995, and wife #2 doesn't dig the camping life.

I recently received a summons and a complaint stating that I now owe $5,800-odd dollars in back dues, and also named my ex in the complaint (ooops!). In short, I would like to offer them both shares back as payment, as my (our) 1/1000th ownership in the park should eclipse the debt, but they are only offering about a $1,500 dollar credit for "returned" memberships, and only if the balance is paid promptly and in a lump sum. I'm guessing the resale value of these is pretty low.

I acknowledge my debt, but really resent the fact that they haven't made contact in almost 10 years, and now come knocking demanding full payment at a time when I'm supporting 4 kids and am not exactly wealthy. You can imagine my wife's excitement upon hearing about this! Haven't heard from the "ex" yet, but I'm sure she's talking too...
I feel I'm being strongarmed by an association that isn't offering a decent compromise, but I'd like to find a way to affordibly pay my debt.

I don't know exactly what the fair market value of the resort is yet, but I'll be finding that out asap - I guess a lot may depend on that...

Has anybody been through or have close knowledge of a similar situation and how it was resolved?

Is it worth it to retain a lawyer, or would I just be spending more money that I don't have.

Thanks in advance!!!
 


LadyWolf55

Junior Member
Wowie..........

I'm no attorney, but my daughter is a collector for a Timeshare company. I am running this by her for what her legal standing would be in this situation. I do believe, though, that they have you fair and square on this one.

Your ex-wife has had many many years to push the issue of getting her name off the deeds. If she hasn't done so by now, I bet she'll be liable for half the expenses.
 

JerryBear

Junior Member
Wowie Zowie

I'd love to hear back from you - thanks in advance!

About the ex, I wish her no harm, but I'm in no position to be covering for her mistakes, either. I'm raising three kids with my current wife of 7 years, and am paying $500/mo support to her to help her raise her (our) only daughter in a dual-income home (live-in boyfriend of 9 years). My daughter deserves it, but my ex doesn't need it, and my (other) kids do. Grrr! I guess I'm only a little sorry for inadvertantly spending a good chunk of it for her. Wish I had something to show for pissing her off so much, but... Sorry!! I shouldn't talk like that!! Bad dog!
At least I get to spend decent time with my girl on alt. weekends, and all the kids get along great (for kids, anyway).

Total tangent rant - sorry!
 

Jendigo

Junior Member
Oh, aren't resorts fun?

My state is Missouri...

Hi Jerry,

For most of your questions, refer back to the terms and conditions of your membership and the original purchase agreement.

I run a collection agency for a resort. Unfortunately, many resorts (not mine!) are lax in their efforts to recover annual dues, and when they clean house, this is the result.

I don't know what your paperwork states, but ours includes a standard clause that says that the contract can only be modified by an instrument in writing agreed to by all parties. The judge may have awarded the membership to you in the divorce, but unless the resort changed your contract to reflect this, you are both responsible for your dues. This would usually not divide the responsibility in half, rather, you are both jointly and severally responsible. This means the resort gets to collect from whomever will pay up. Your wife can always file a contempt order, but I rarely see this done.

I recently received a summons and a complaint stating that I now owe $5,800-odd dollars in back dues, and also named my ex in the complaint (ooops!). In short, I would like to offer them both shares back as payment, as my (our) 1/1000th ownership in the park should eclipse the debt, but they are only offering about a $1,500 dollar credit for "returned" memberships, and only if the balance is paid promptly and in a lump sum. I'm guessing the resale value of these is pretty low.
Resale value is probably close to what it was when you purchased, however, as demand for this type of membership fluctuates daily, so would the market value, and likely you will not find a "fair" market value anywhere. They can quote whatever they like as FMV. They are in this for the money, and do not even have to take your shares back (I assume your contract and/or TOC does not allow for a rescission after 20 years) , therefore they can pay you whatever they wish for them, or nothing at all. Sounds to me, without seeing your paperwork, that you are both responsible for the debt, and they will collect from whomever has the money.

I would be *SO* fired for saying this, but check with the WI Attorney General's office and the BBB for complaints against the resort. If there are any, roll with it and file one of your own, and you may get a reasonable compromise. No resort wants the AG on their back! Good luck.
 

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