Changing/deleting name(s) on a deed?
- Thread starter cseca
- Start date
doubletrouble_vb
Inspired
- Joined
- May 13, 2001
- Messages
- 3,777
I suspect deleting is cheaper than adding since that would be the more common occurence due to divorce. It cost me about $100 bucks to delete a name from my other time share.
Dean
DIS Veteran<br><a href="http://www.wdwinfo.com/dis
- Joined
- Aug 19, 1999
- Messages
- 39,228
It's basically a new deed and recording. Of course you could do it with a quit claim deed. You do need to check with MS to see if you need a waiver of ROFR or if you need to pay the $100 transfer fee. Assuming you do the deed yourself (quit claim or just copy the old one with changes) and do the recording, you should be looking at less than $50 if DVC doesn't charge you the trasnfer fee. If you use a closing company and DVC charges the transfer fee it could easily cost $500 or more.
It's a nightmare, in my opininon.
I bought into DVC in '99, prior to my wife and I being together. We've been married for over a year now, and a few months ago, wanted to add her to the DVC ownership.
This is the answer I got from DVC, via email, when I posed the question was that an addition or deletion is considered a Transfer, period.
As much as I love my wife, we agreed that it was too much of a hassle to add her.
The following is the email they sent me back on this issue:
Dear Disney Vacation Club Member:
In response to your inquiry about changing the Disney Vacation Club Membership records, following is information regarding the process to transfer an Ownership Interest in a Disney Vacation Club Resort.
TRANSFER: A request to add another person to or remove a person from the Disney Vacation Club Membership records is considered a transfer of title to the Ownership Interest. All of the below listed guidelines, including the notice requirement and the requirement that the mortgage loan to Disney Vacation Development, Inc. ( DVD ) be paid in full, apply to the following typical examples of a transfer:
You and your spouse are on the Membership together and you want to remove yourself or your spouse/ former spouse; You are on the Membership by yourself and you want to add your spouse; You want to remove yourself and transfer your Ownership Interest to another person; You want to add your children that are of legal age; You want to add or remove children, relatives, in-laws, or any other living person.
(If there has been a death of a Member, please contact Membership Administration.) You are directed by a judge under a court order for divorce to remove or add yourself or your former spouse; You want to transfer your Ownership Interest into or out of a trust, partnership or corporation.
Written Notice to Disney Vacation Development, Inc. Right of First Refusal Before you may transfer your Ownership Interest, you are required to offer it to DVD upon the same terms and conditions, including financing, as those offered to another person or entity. Accordingly, no later than thirty (30) days prior to the proposed closing date of the transfer of your Ownership Interest, you must provide DVD with written notice of your intent to transfer. Written notice should be in the form of a signed letter detailing the full terms and conditions of the transfer signed by all
parties. A sample notice is on page 2 of this letter. DVD's right of first refusal shall apply to
any and all subsequent transfers or the sale of the Ownership Interest. DVD will either issue a signed Waiver Agreement or notify you that DVD is exercising its Right of First Refusal within the thirty (30) day notice period.
Mortgage Loan If DVD made a loan to you for a portion of the purchase price of your Ownership Interest, then that loan is secured by a mortgage on your Ownership Interest. A transfer of all or any part of your Ownership Interest prior to repayment of your loan gives DVD the right to declare the unpaid amount of the loan due and payable immediately. Accordingly, you will need to repay your loan prior to or at the same time there is a transfer of all or part of the Ownership Interest. Any information or questions about your loan with DVD should be addressed to Member Accounting at 800-******** (407-566-3800), Option 1, or by fax 407-566-3284.
Transfer Documents Your Ownership Interest is an undivided interest in the real property described
in your recorded Deed. The Owner(s) of the real property will need to make their own arrangements
at their expense for the appropriate transfer document (DEED) to be prepared, signed, witnessed by two (2) witnesses, and acknowledged before a Notary Public and then recorded in the county where the Disney Vacation Club Resort in which you have an Ownership Interest is located. You are urged to consult with your attorney, accountant, title insurance company, or other professional advisors concerning this matter. Laws regarding the ownership and transfer of real estate vary widely from
state to state. To ensure that the transfer of your Ownership Interest is performed correctly and
in accordance with Florida law (or South Carolina law, if your Ownership Interest is in Disney's Hilton Head Island Resort), we strongly suggest that you consult with an experienced real estate lawyer licensed to practice law and in good standing in the State of Florida or if applicable, the
State of South Carolina. Both the Florida Bar and South Carolina Bar maintain a lawyer referral
service which you can access by calling 1-800-342-8011 (or http://www.flabar.org/) for the Florida Bar lawyer referral service or 1-800-868-2284 (or http://www.scbar.org/) for the South Carolina Bar lawyer referral service.
Written Notice That Transfer is Complete. We will change the Membership records to reflect a new or different owner after receipt and review of the following information:
q the required notice and waives its right of first refusal (Waiver Agreement signed by DVD);
q full payment on any outstanding Mortgage loan to DVD secured by the Ownership Interest
q full payment on any outstanding condominium annual dues;
q payment of the $100.00 administrative fee to change the Membership records;
q copy of the recorded deed and recorded waiver of right of first refusal (Waiver Agreement); and
q information regarding the new owner including address and telephone number.
Condominium Assessment/ /Maintenance Fees /Annual Dues. Annual Dues for the current calendar year must be current or paid in full prior to any transfer or sale. Any information or questions about your dues should be addressed to Member Accounting at 800-******** (407-566-3800), Option 1, or by fax 407-566-3284.
Reservations. A transfer may cause any reservations that utilize Vacation Points associated with your Ownership Interest to be cancelled if a new contract must be created and a new Member number issued. If the transferor is being removed as an Owner/Member, they will not have access as a Member to the Disney Vacation Club reservation system after the transfer of their Ownership Interest. Any information or questions regarding your Vacation Points activity should be addressed to Member Services, 800-******** (407-566-3800), Option 3, or by fax 407-566-3939, or by e-mail to members@disneyvacationclub.com.
If you have further questions regarding the transfer of your Ownership Interest, please contact Membership Administration, Marylin at 407-566-3352, Margie at 407-566-3041, Kathy at 407-566-3075, Roger at 407-566-3222 or by fax at 407-938-4147 or email at WDW.DVC.DVD.Resales@disney.com.
Please include your membership number or contract number on all correspondence and messages, and provide us with your daytime telephone number, e-mail address or fax number.
SAMPLE REQUEST/NOTIFICATION FOR WAIVER OF RIGHT OF FIRST REFUSAL
EXAMPLE ONLY--please do not use this form for your request, you should create your own written and signed letter using this format as an example only.) Send my U.S. Mail or Fax to (407) 938-4147
TO: Disney Vacation Development, Inc.
Membership Administration
200 Celebration Place, 4th Floor
Celebration FL 34747
FROM: ___________________________________
ADDRESS: ___________________________________
TELEPHONE: ___________________________________
FAX/E-MAIL: ___________________________________
MEMBER NO.: ___________________________________
ALL APPLICABLE CONTRACT NUMBER (S): _____________________
OR
ALL APPLICABLE LEGAL DESCRIPTION (S): __ % Interest in Unit __ of _____________ (Resort)
(Your contract number and legal description(s) appear on your recorded deed and your First American Title Insurance Policy.)
I/we as the owner(s) of the above referenced Ownership Interest(s), hereby notify Disney Vacation Development, Inc. ( DVD ) of the following: [Your letter addressed to Disney Vacation Development, Inc. should provide the following details of the transfer of your Ownership Interest and, if applicable, attach a copy of your contract of sale.
indicate whether you are transferring title without any consideration (gratuitous) or selling your Ownership Interest (including the sale price, or other type of consideration, if any); full name& address of all of the parties to the transaction; any special terms and conditions, such as financing; proposed closing date; signature of current owner(s)]
COUNTY INFORMATION: The County recording office does not provide deed forms or assist in the preparation of a deed to transfer title to the real estate. You will need to make your own arrangements for the appropriate legal document to be prepared and then recorded in one of the following recording offices:
STATE of FLORIDA
For an Ownership Interest located at Disney's Old Key West Resort; Disney's BoardWalk Villas; The Villas at Disney's Wilderness Lodge; Disney's Beach Club Villas:
www.occompt.com <http://www.occompt.com> (On Line Forms/Transfer of Interest DR-219 Florida Dept
of Revenue)
Orange County Comptroller Street Address:
PO Box 38 401 S. Rosalind Ave
Orlando FL 32802-0038 Orlando FL 32801
Telephone: 407- 836-5115
Fax: 407- 836-5120
Hours: 7:30 a.m. - 4:30 p.m. Monday-Friday
Other resources:
www.state.fl.us
www.leg.state.fl.us <http://www.leg.state.fl.us/> (Statutes/Constitution) Orange County Bar Association 880 N Orange Ave, Suite 100 Orlando FL 32801
407-422-4537
For an Ownership Interest located at Disney's Vero Beach Resort:
www.clerk.indian-river.org/ <http://www.clerk.indian-river.org/> (Use the same DR-219 Florida Dept
of Revenue for Indian River County)
Clerk of the Circuit Court
Recording Division
Indian River County Street Address:
PO Box 1028 2000 16th Ave
Vero Beach FL 32961-1028 Vero Beach FL 32960
Telephone: 772-770-5185
Fax: 772-770-5008
Other resources:
www.state.fl.us
www.leg.state.fl.us <http://www.leg.state.fl.us/> (Statutes/Constitution)
Florida Bar lawyer referral service www.flabar.org
1-800-342-8011
STATE of SOUTH CAROLINA
For an Ownership Interest located at Disney's Hilton Head Island Resort:
www.co.beaufort.sc.us
Register of Deeds
Beaufort County Street Address:
PO Drawer 1197 100 Ribaut Rd
Beaufort SC 29902-1197 Beaufort SC 29901
Telephone: 843-470-2700
Fax: 843-470-2709
Other resources:
http://www.scstatehouse.net
South Carolina Bar scbar-info@scbar.org
950 Taylor St
Columbia SC 29202 803-799-6653
I bought into DVC in '99, prior to my wife and I being together. We've been married for over a year now, and a few months ago, wanted to add her to the DVC ownership.
This is the answer I got from DVC, via email, when I posed the question was that an addition or deletion is considered a Transfer, period.
As much as I love my wife, we agreed that it was too much of a hassle to add her.
The following is the email they sent me back on this issue:
Dear Disney Vacation Club Member:
In response to your inquiry about changing the Disney Vacation Club Membership records, following is information regarding the process to transfer an Ownership Interest in a Disney Vacation Club Resort.
TRANSFER: A request to add another person to or remove a person from the Disney Vacation Club Membership records is considered a transfer of title to the Ownership Interest. All of the below listed guidelines, including the notice requirement and the requirement that the mortgage loan to Disney Vacation Development, Inc. ( DVD ) be paid in full, apply to the following typical examples of a transfer:
You and your spouse are on the Membership together and you want to remove yourself or your spouse/ former spouse; You are on the Membership by yourself and you want to add your spouse; You want to remove yourself and transfer your Ownership Interest to another person; You want to add your children that are of legal age; You want to add or remove children, relatives, in-laws, or any other living person.
(If there has been a death of a Member, please contact Membership Administration.) You are directed by a judge under a court order for divorce to remove or add yourself or your former spouse; You want to transfer your Ownership Interest into or out of a trust, partnership or corporation.
Written Notice to Disney Vacation Development, Inc. Right of First Refusal Before you may transfer your Ownership Interest, you are required to offer it to DVD upon the same terms and conditions, including financing, as those offered to another person or entity. Accordingly, no later than thirty (30) days prior to the proposed closing date of the transfer of your Ownership Interest, you must provide DVD with written notice of your intent to transfer. Written notice should be in the form of a signed letter detailing the full terms and conditions of the transfer signed by all
parties. A sample notice is on page 2 of this letter. DVD's right of first refusal shall apply to
any and all subsequent transfers or the sale of the Ownership Interest. DVD will either issue a signed Waiver Agreement or notify you that DVD is exercising its Right of First Refusal within the thirty (30) day notice period.
Mortgage Loan If DVD made a loan to you for a portion of the purchase price of your Ownership Interest, then that loan is secured by a mortgage on your Ownership Interest. A transfer of all or any part of your Ownership Interest prior to repayment of your loan gives DVD the right to declare the unpaid amount of the loan due and payable immediately. Accordingly, you will need to repay your loan prior to or at the same time there is a transfer of all or part of the Ownership Interest. Any information or questions about your loan with DVD should be addressed to Member Accounting at 800-******** (407-566-3800), Option 1, or by fax 407-566-3284.
Transfer Documents Your Ownership Interest is an undivided interest in the real property described
in your recorded Deed. The Owner(s) of the real property will need to make their own arrangements
at their expense for the appropriate transfer document (DEED) to be prepared, signed, witnessed by two (2) witnesses, and acknowledged before a Notary Public and then recorded in the county where the Disney Vacation Club Resort in which you have an Ownership Interest is located. You are urged to consult with your attorney, accountant, title insurance company, or other professional advisors concerning this matter. Laws regarding the ownership and transfer of real estate vary widely from
state to state. To ensure that the transfer of your Ownership Interest is performed correctly and
in accordance with Florida law (or South Carolina law, if your Ownership Interest is in Disney's Hilton Head Island Resort), we strongly suggest that you consult with an experienced real estate lawyer licensed to practice law and in good standing in the State of Florida or if applicable, the
State of South Carolina. Both the Florida Bar and South Carolina Bar maintain a lawyer referral
service which you can access by calling 1-800-342-8011 (or http://www.flabar.org/) for the Florida Bar lawyer referral service or 1-800-868-2284 (or http://www.scbar.org/) for the South Carolina Bar lawyer referral service.
Written Notice That Transfer is Complete. We will change the Membership records to reflect a new or different owner after receipt and review of the following information:
q the required notice and waives its right of first refusal (Waiver Agreement signed by DVD);
q full payment on any outstanding Mortgage loan to DVD secured by the Ownership Interest
q full payment on any outstanding condominium annual dues;
q payment of the $100.00 administrative fee to change the Membership records;
q copy of the recorded deed and recorded waiver of right of first refusal (Waiver Agreement); and
q information regarding the new owner including address and telephone number.
Condominium Assessment/ /Maintenance Fees /Annual Dues. Annual Dues for the current calendar year must be current or paid in full prior to any transfer or sale. Any information or questions about your dues should be addressed to Member Accounting at 800-******** (407-566-3800), Option 1, or by fax 407-566-3284.
Reservations. A transfer may cause any reservations that utilize Vacation Points associated with your Ownership Interest to be cancelled if a new contract must be created and a new Member number issued. If the transferor is being removed as an Owner/Member, they will not have access as a Member to the Disney Vacation Club reservation system after the transfer of their Ownership Interest. Any information or questions regarding your Vacation Points activity should be addressed to Member Services, 800-******** (407-566-3800), Option 3, or by fax 407-566-3939, or by e-mail to members@disneyvacationclub.com.
If you have further questions regarding the transfer of your Ownership Interest, please contact Membership Administration, Marylin at 407-566-3352, Margie at 407-566-3041, Kathy at 407-566-3075, Roger at 407-566-3222 or by fax at 407-938-4147 or email at WDW.DVC.DVD.Resales@disney.com.
Please include your membership number or contract number on all correspondence and messages, and provide us with your daytime telephone number, e-mail address or fax number.
SAMPLE REQUEST/NOTIFICATION FOR WAIVER OF RIGHT OF FIRST REFUSAL
EXAMPLE ONLY--please do not use this form for your request, you should create your own written and signed letter using this format as an example only.) Send my U.S. Mail or Fax to (407) 938-4147
TO: Disney Vacation Development, Inc.
Membership Administration
200 Celebration Place, 4th Floor
Celebration FL 34747
FROM: ___________________________________
ADDRESS: ___________________________________
TELEPHONE: ___________________________________
FAX/E-MAIL: ___________________________________
MEMBER NO.: ___________________________________
ALL APPLICABLE CONTRACT NUMBER (S): _____________________
OR
ALL APPLICABLE LEGAL DESCRIPTION (S): __ % Interest in Unit __ of _____________ (Resort)
(Your contract number and legal description(s) appear on your recorded deed and your First American Title Insurance Policy.)
I/we as the owner(s) of the above referenced Ownership Interest(s), hereby notify Disney Vacation Development, Inc. ( DVD ) of the following: [Your letter addressed to Disney Vacation Development, Inc. should provide the following details of the transfer of your Ownership Interest and, if applicable, attach a copy of your contract of sale.
indicate whether you are transferring title without any consideration (gratuitous) or selling your Ownership Interest (including the sale price, or other type of consideration, if any); full name& address of all of the parties to the transaction; any special terms and conditions, such as financing; proposed closing date; signature of current owner(s)]
COUNTY INFORMATION: The County recording office does not provide deed forms or assist in the preparation of a deed to transfer title to the real estate. You will need to make your own arrangements for the appropriate legal document to be prepared and then recorded in one of the following recording offices:
STATE of FLORIDA
For an Ownership Interest located at Disney's Old Key West Resort; Disney's BoardWalk Villas; The Villas at Disney's Wilderness Lodge; Disney's Beach Club Villas:
www.occompt.com <http://www.occompt.com> (On Line Forms/Transfer of Interest DR-219 Florida Dept
of Revenue)
Orange County Comptroller Street Address:
PO Box 38 401 S. Rosalind Ave
Orlando FL 32802-0038 Orlando FL 32801
Telephone: 407- 836-5115
Fax: 407- 836-5120
Hours: 7:30 a.m. - 4:30 p.m. Monday-Friday
Other resources:
www.state.fl.us
www.leg.state.fl.us <http://www.leg.state.fl.us/> (Statutes/Constitution) Orange County Bar Association 880 N Orange Ave, Suite 100 Orlando FL 32801
407-422-4537
For an Ownership Interest located at Disney's Vero Beach Resort:
www.clerk.indian-river.org/ <http://www.clerk.indian-river.org/> (Use the same DR-219 Florida Dept
of Revenue for Indian River County)
Clerk of the Circuit Court
Recording Division
Indian River County Street Address:
PO Box 1028 2000 16th Ave
Vero Beach FL 32961-1028 Vero Beach FL 32960
Telephone: 772-770-5185
Fax: 772-770-5008
Other resources:
www.state.fl.us
www.leg.state.fl.us <http://www.leg.state.fl.us/> (Statutes/Constitution)
Florida Bar lawyer referral service www.flabar.org
1-800-342-8011
STATE of SOUTH CAROLINA
For an Ownership Interest located at Disney's Hilton Head Island Resort:
www.co.beaufort.sc.us
Register of Deeds
Beaufort County Street Address:
PO Drawer 1197 100 Ribaut Rd
Beaufort SC 29902-1197 Beaufort SC 29901
Telephone: 843-470-2700
Fax: 843-470-2709
Other resources:
http://www.scstatehouse.net
South Carolina Bar scbar-info@scbar.org
950 Taylor St
Columbia SC 29202 803-799-6653
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