Advice Needed: Renter foreclosed or sold contract

[yitbos96bb]

krazzian - I'm sorry this happened to you.

Most states have small claims court, but I believe you would have to file in the owner's state of residence rather than yours. I agree with Brian, it will probably cost more to recover your money than it's worth.

The other problem is small claims don't really have a mechanism to enforce collection. So even a judgment doesn't mean you'll get the money. Found this out winning money from a former employer. Gave me higher priority on the bankruptcy proceeding but I didn't get any of it in the end.

 

[DebbieB]

Hi folks, any tips would greatly be appreciated. I rented points from a veteran user on these boards. Everything looked good until very recently. I checked my reservations and noticed it was gone. Ive contacted the renter, but am waiting for a response from him. I checked the OCCompt site and noticed that all of his properties were signed over at the end of June to Monera Financial. So it looks like he defaulted or just sold his contracts to them. I have a paper trail of rental contract agreement stating the # of points rented, rental dates and everything. I also have the paper trail of payment. Is there anything that I can do? I know that I'm SOL on the reservation as it has been canceled already, but do you think that I have a shot at getting my money back from him or Monera? Those points that were given to Monera should legally be mine based on the contract and the receipts of payment. Thanks in advance for any help!

Any updates on contacting the owner? Have you tried to contact Monera?

 

[krazazian]

Any updates on contacting the owner? Have you tried to contact Monera?

Hi, just to update. I've contacted Monera and the renter. Monera said that the renter did indeed foreclose, and there was nothing that they could do from their end. The renter has responded to me. They have not acknowledged that they have foreclosed. I have asked for my refund, but I have not gotten a response regarding that. I did look up laws of his state, and it is considered a felony offense for the amount that he has taken from me.

 

[rili]

Can you get any recourse through your payment method? PayPal or your credit card should offer you some sort of protection. If you sent a check the states attorney office might be able to help you. In a foreclosure, you should be entitled to points owed to you at some point. But who knows when you will get them.

I Have rented from owners several times, with excellent results. I was always a little nervous. I live in FL, so I could always reschedule if needed. Sorry to hear about your vacation mishap! I hope everything works out.

 

[krazazian]

Can you get any recourse through your payment method? PayPal or your credit card should offer you some sort of protection. If you sent a check the states attorney office might be able to help you. In a foreclosure, you should be entitled to points owed to you at some point. But who knows when you will get them.

I Have rented from owners several times, with excellent results. I was always a little nervous. I live in FL, so I could always reschedule if needed. Sorry to hear about your vacation mishap! I hope everything works out.

I paid via check. That's a good idea. I will try to call their state's attorney office when they're open on Monday to see if there is anything that can be done. Thanks!

 

[Missyrose]

Can you get any recourse through your payment method? PayPal or your credit card should offer you some sort of protection. If you sent a check the states attorney office might be able to help you. In a foreclosure, you should be entitled to points owed to you at some point. But who knows when you will get them.

I Have rented from owners several times, with excellent results. I was always a little nervous. I live in FL, so I could always reschedule if needed. Sorry to hear about your vacation mishap! I hope everything works out.

Even if the OP had paid with PayPal, there would be no protection because it is against PayPal regulations prohibit using their site for timeshare transactions.

 

[ScubaCat]

If you get no joy through the renter, you will have to file in small claims court in your jurisdiction. Be sure to include any costs lost as a result of losing your reservation.

The limits of the amount you can file in small claims varies by state.

You have to file in the county/state where the defendant lives and hopefully get him or her served, and then be able to show up in court possibly several times. It's not likely economically viable, unfortunately.

Then, even when you do finally get the judgment, you then have to try and collect on it, which is usually the hardest part of all.

 

[supersnoop]

I paid via check. That's a good idea. I will try to call their state's attorney office when they're open on Monday to see if there is anything that can be done. Thanks!

Assuming you mailed the check, you may have some standing in a federal mail-fraud charge. Contact the postmaster, too.

 

[Dean]

You can possibly hassle the former owner but the money will not be seen, it's almost 100% certain doesn't have it. Even if he does, you ill have many people bothering him more and more effectively and with lawyers on staff or on retainer. All you're going to do is cause yourself aggravation and possibly cost you some additional money in the process. It's dramatically likely he'll file bankruptcy in this situation if he hasn't already.