Legal Question in Real Estate Law in California

We have a Timeshare in Las Vegas which we never used for more than a year due to economic situation. Now there's an invoice for owner maintenance due. We are planning to just abandon or forfeit this ownership because we learned that either to sell or give it back it's impossible for this current situation. My question is to what extend the resort accounting will pursue this other than send it to collection? Can they get a court order to take money from our bank account?

Thanks


Asked on 2/11/11, 11:10 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, your question really deserves an answer from someone who can reply based on Nevada law, which is different than California's. Second, even in California it would be hard to guess what the management may do. Among other things, there are two kinds of time shares, those based purely on a contract between the "owner" and the management, with the management being the real owner of record; and those where the owner really has a deeded fractional interest, recorded at the recorder's office. I believe at minimum you will experience some bill-collection efforts, threats, etc., but on the other hand, in the cases I've heard about, the defaulting "owners" have not actually been sued.

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Answered on 2/11/11, 2:35 pm


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