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Mitchell Reed Sussman

Mitchell Sussman’s Answers

605 total


  • Is filing for chapter 7 bankruptcy the best way to be rid of a timeshare?

    I recently purchased a timeshare back in early April ,5 days later I contacted the closing office sir I would like to cancel my timeshare and asked for my deposit back but after 3 days he called and said they wouldn't give back my money and said i...

    Mitchell’s Answer

    There are Many Ways to Be Relieved of your Timeshare Obligations, filing Chapter 7 is not one of them as a timeshare is an ongoing obligation which will continue on beyond the date of your Chp 7 discharge.

    While it is true that a timeshare contract is a binding legal document, it is often mistakenly thought that such a contract cannot only be cancelled. In fact, most timeshare companies maintain that their contracts are non - cancellable. This misconception is perpetuated by timeshare companies and user groups that are funded, maintained and controlled by the timeshare industry.

    The truth of the matter is, that under the law, contracts are cancellable for a variety of reasons, including fraud and mistake.

    Moreover, a person who is burdened by the obligations of a contract may "terminate" it and no longer be bound by the contract for reasons other than breach.

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  • How possible is it to cancel a contract with a timeshare?

    I signed a timeshare contract in Ixtapa Guerrero Mexico on 6/11/2016 and realized it was a bad decision to late and I want to get out of it. I paid $1450.00 down but still need to pay $5500 more by tomorrow.

    Mitchell’s Answer

    There are Many Ways to Be Relieved of your Timeshare Obligations and a handful of attorneys specialize in this field.

    While it is true that a timeshare contract is a binding legal document, it is often mistakenly thought that such a contract cannot only be cancelled. In fact, most timeshare companies maintain that their contracts are non - cancellable. This misconception is perpetuated by timeshare companies and user groups that are funded, maintained and controlled by the timeshare industry.

    The truth of the matter is, that under the law, contracts are cancellable for a variety of reasons, including fraud and mistake.

    Moreover, a person who is burdened by the obligations of a contract may "terminate" it and no longer be bound by the contract for reasons other than breach.

    See question 
  • Can I use an attorney to legally cancel a timeshare, and if so, who is recommended in the San Diego, CA area?

    My wife and I were lied to and want out of our timeshare. I have found one lawyer and 2 "firms" who all claim they can legally get us released from the contract and mortgage. However, none of them seem to have any reviews anywhere that make me bel...

    Mitchell’s Answer

    There are Many Ways to Be Relieved of your Timeshare Obligations and there are a handful of attorneys that specialize in this field.

    While it is true that a timeshare contract is a binding legal document, it is often mistakenly thought that such a contract cannot only be cancelled. In fact, most timeshare companies maintain that their contracts are non - cancellable. This misconception is perpetuated by timeshare companies and user groups that are funded, maintained and controlled by the timeshare industry.

    The truth of the matter is, that under the law, contracts are cancellable for a variety of reasons, including fraud and mistake.

    Moreover, a person who is burdened by the obligations of a contract may "terminate" it and no longer be bound by the contract for reasons other than breach.

    See question 
  • How or Is It possible to cancel or get out of a "Membership" with Diamond Resorts (Timeshare)?

    I was pressured and tricked into signing a "Membership" with Diamond Resorts. They made offers and promises that they didn't hold up. They give me the run around about a deposit that was supposed to be refunded and I have yet to get it back. Phone...

    Mitchell’s Answer

    There are Many Ways to Be Relieved of your Timeshare Obligations

    While it is true that a timeshare contract is a binding legal document, it is often mistakenly thought that such a contract cannot only be cancelled. In fact, most timeshare companies maintain that their contracts are non - cancellable. This misconception is perpetuated by timeshare companies and user groups that are funded, maintained and controlled by the timeshare industry.

    The truth of the matter is, that under the law, contracts are cancellable for a variety of reasons, including fraud and mistake.

    Moreover, a person who is burdened by the obligations of a contract may "terminate" it and no longer be bound by the contract for reasons other than breach.

    See question 
  • Can I do a quit claim to transfer a Hawaii timeshare ownership and then pay for the title change separately?

    Can I do a quit claim to transfer a Hawaii timeshare ownership and then pay for the title change separately? Or do I have to go through the whole escrow process?

    Mitchell’s Answer

    You do NOT need to go through the escrow process.
    If you know how to prepare and record deeds in Hawaii an escrow is NOT necessary.
    An attorney familiar with timeshare cancellation and transfer can assist you with this.

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  • Can I do a quit claim to transfer a Hawaii timeshare ownership and then pay for the title change separately?

    Or do I have to go through the whole escrow process?

    Mitchell’s Answer

    You do NOT need to go through the escrow process.
    If you know how to prepare and record deeds in Hawaii and escrow is NOT necessary.
    An attorney familiar with timeshare cancellation and transfer can assist you with this.

    See question 
  • How to cancel a timeshare obligation/contract?

    I'm exploring options of cancelling a timeshare property/contract my wife and I bought. I've reached out to a few companies that say they work with lawyers to break people out of their timeshare contracts. They say they can have payments stop imme...

    Mitchell’s Answer

    There are Many Ways to Be Relieved of your Timeshare Obligations

    While it is true that a timeshare contract is a binding legal document, it is often mistakenly thought that such a contract cannot only be cancelled. In fact, most timeshare companies maintain that their contracts are non - cancellable. This misconception is perpetuated by timeshare companies and user groups that are funded, maintained and controlled by the timeshare industry.

    The truth of the matter is, that under the law, contracts are cancellable for a variety of reasons, including fraud and mistake.

    Moreover, a person who is burdened by the obligations of a contract may "terminate" it and no longer be bound by the contract for reasons other than breach.

    See question 
  • What is the best way to transfer a timeshare to a single heir after death?

    What is the easiest way to transfer a property my mother owned in Florida (our residency is in Alabama) when it's the only asset, has a value of less than $3500 (it's a timeshare), I'm the only heir and there is no other debt involved. She left no...

    Mitchell’s Answer

    The answer to this question really depends upon whether you do or do not wish to own the timeshare.

    If you want to return it to the timeshare, typically the developer will require an order of the court transferring the timeshare. In which case, some form of probate proceeding will be required.

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  • What can I do to get back my deposit from Diamond International for taking my deposit, timeshare for not taking the point system

    Diamond Resorts bought out Liki Tiki Village in Kissimmee. They wanted us to buy into their point system for $35,000.00. After reading the proposal I declined, they said I was 2 days too late. They took $7000.00 deposit and the timeshare, maintena...

    Mitchell’s Answer

    There are Many Ways to Be Relieved of your Timeshare Obligations

    While it is true that a timeshare contract is a binding legal document, it is often mistakenly thought that such a contract cannot only be cancelled. In fact, most timeshare companies maintain that their contracts are non - cancellable. This misconception is perpetuated by timeshare companies and user groups that are funded, maintained and controlled by the timeshare industry.

    The truth of the matter is, that under the law, contracts are cancellable for a variety of reasons, including fraud and mistake.

    Moreover, a person who is burdened by the obligations of a contract may "terminate" it and no longer be bound by the contract for reasons other than breach.

    You should contact an attorney who specializes in this field and one with particular expertise in dealing with Diamond.

    See question 
  • Can I get out of this timeshare without effecting my credit?

    Can I get out of a timeshare ownership? It is paid in full however I pay yearly maintenance fees and want out.

    Mitchell’s Answer

    Not a good idea to just default on your timeshare obligations. Not only will you be potentially damaging your credit, but you will be receiving phone calls night and day from the timeshare trying to collect.

    Better to seek the guidance of an attorney who specializes in this field. At the very least they can write a cease and desist letter preventing the harassing phone calls. Better yet, they may be able to assist you repair your credit when the timeshare reports you as delinquent.

    In some cases, they may even be able to get you out of the timeshare without any negative credit reporting. So find a qualified attorney. They will be able to assist you in securing the best result for you timeshare cancellation and exit.

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