DVC Family Transfer Issues

curtmandydurham

Earning My Ears
Joined
Oct 12, 2019
Thanks in advance for any help with this! Back in June our transfer deed was recorded, so we called DVC and asked for our membership information, but we were told that since a trip was planned that nothing would transfer until that trip was done. That trip was planned for next week was just cancelled due to a medical issue from my mother in law who passed the ownership to us. They are now telling us that nothing can transfer until those points in "holding" are used, or are expired. Our use year just started so those points won't expire until next October, and even if we have our mother in law make our reservations we start the clock all over again on when we become the actual owners and can make our own plans.

Does anyone have any advice on how to navigate this? I am beyond frustrated and almost resigned to full year wasting our points or not getting the benefit of membership.
 

_auroraborealis_

I like marshmallows. And adult beverages.
Joined
Oct 18, 2015
There is nothing you can do except use or lose the holding points. They cannot change the deed while a reservation is pending or points are on holding.

This is a legal issue.
 

Marionnette

Children see magic because they look for it
Joined
Sep 26, 2009
Thanks in advance for any help with this! Back in June our transfer deed was recorded, so we called DVC and asked for our membership information, but we were told that since a trip was planned that nothing would transfer until that trip was done. That trip was planned for next week was just cancelled due to a medical issue from my mother in law who passed the ownership to us. They are now telling us that nothing can transfer until those points in "holding" are used, or are expired. Our use year just started so those points won't expire until next October, and even if we have our mother in law make our reservations we start the clock all over again on when we become the actual owners and can make our own plans.

Does anyone have any advice on how to navigate this? I am beyond frustrated and almost resigned to full year wasting our points or not getting the benefit of membership.
Sorry about your mother and I hope she is recovering.

It’s a shame that you canceled the reservation because she could have rented it out. Everything is booked for Food & Wine and it would have likely rented quickly. But then, who knew that holding points could prevent a gratuitous transfer of the deed?

So here’s the deal: even if the membership could have been changed along with the points in holding, you would still have to find a way to use them or lose them. So, find a way to use them. If she can’t travel, find someone who can. Or go yourself. The sooner you use the points, the sooner the membership can be created in your name(s).
 
  • Best Aunt

    "That's the best-est present ever!"
    Joined
    May 1, 2009
    Could you rent out the holding points, if anything is available? Somebody might want to rent on short notice, not even realizing that owners normally book far ahead. A renter might not want okw or ssr but maybe akv kidani?
     

    drusba

    I went to Iowa once, and it was closed.
    Joined
    Aug 19, 1999
    You might attempt, with your mother-in-law as part of the attempt, to contact MS again and explain why that trip was cancelled for a medical reason and see if you can reach someone higher up who may be able to waive the holding that resulted because the cancellation was medically necessary. Don't know if they will do that but it is at least worth the try.

    Barring that you need to find a way to use those points, through your mother-in-law, for another reservation. If you cannot do a trip, you could try to rent a trip using the points (and you need to use all of them in the new reservation which may be difficult, e.g., a new reservation may not exactly equal the total holding points and thus you may have to add some regular points to complete it). Alternatively, if you are willing to lose the points, just make a reservation using them all and when no one shows up to check in, all the points will be automatically used on the check-in date for that reservation and thereafter you can finish the transfer.
     
    Last edited:

    Sandisw

    Moderator
    Moderator
    Joined
    Nov 15, 2008
    The other option, if you do not care if you lose the points is to book a reservation, or several, to use up the holding points in the next month or two and just not use it.

    But, I agree that I would ask for a manager to see if they would be willing to remove the holding restriction for you.
     

    curtmandydurham

    Earning My Ears
    Joined
    Oct 12, 2019
    Thanks all for the advice. It seems silly that even though the legal document (Which obviously had to be signed off on by my in-laws) is recorded, Disney holds fast. I was also hoping the points in holding they would look at as owned by the account, not the people...but it is what it is. Its been a pretty frustrating experience, and we don't even own it yet. I guess worst case scenario is we can book our Feb trip in December using the holding points and then when that trip is done, all the points in holding would be expired and no other trips would exist, so the transfer should occur. We would have a month or so in our home resort window to book our October trip. Again, thanks all I'll probably make one more pleading call to them tomorrow and report back. Thanks!
     

    bumbershoot

    DIS Veteran
    Joined
    Mar 5, 2007
    The first time I looked into the family transfer I stopped the process because of a booking I had. I was later told that the booking didn’t matter because it’s a gratuitous family transfer. That there’s an exception.

    And in fact a couple years later that’s exactly what happened. I had a reservation booked on March for the following February, and I did the transfer over the summer. It went from a deed with just my then husband’s name to a deed with just my name.

    Do they know it’s a gratuitous family transfer situation?


    Actually, it sounds like since the deed was recorded, that they did make that exception. So this is just an account question. I’d take it further up.


    Editing...so they set things up just fine for me even with that trip sitting there. I don’t think they are making sense, given my experience. And I was not on the deed before the transfer. I was an associate but that’s not a member.
     

    KAT4DISNEY

    Glad to be a test subject
    Joined
    Mar 17, 2008
    I agree that a gratutious transfer differs from a sale and that they seem to be following the requirements on a sale. Even the points in holding. This is not a sale and actually even if it were you can sell a contract with points in holding. But since it's a gratuitous transfer it would not seem like it should be an issue. Even buyers have suddenly found they have some extra holding points when a contract has transferred. I'd call again and find someone further up to speak to.

    If nothing else then a step back somewhere in the process where the transfer includes the points in holding - but for a gratuitous transfer that really doesn't seem necessary and I wonder if they are missing out on that potentially pivitol point and reading the manual on a sales transfer.
     

    curtmandydurham

    Earning My Ears
    Joined
    Oct 12, 2019
    I agree I can understand the scrutiny on a sale but this was the family transfer and I have the copy of the recorded deed. I’ll try again and remain more calm this time and see if I can get a manager or something to have this conversation with. I’ll report back after tomorrow!
     

    KAT4DISNEY

    Glad to be a test subject
    Joined
    Mar 17, 2008
    I agree I can understand the scrutiny on a sale but this was the family transfer and I have the copy of the recorded deed. I’ll try again and remain more calm this time and see if I can get a manager or something to have this conversation with. I’ll report back after tomorrow!
    Hopefully you can get this done easily on your next call. ::yes::

    The only thing I find in Disney's gratuitious transfer information and forms is the following: "Existing reservations and points deposited into RCI® Exchange Program will not transfer to the new owner(s) membership." Nothing about points in holding, which again, can even be sold with a contract. So unless DVC has recently modified something it really does seem like they are getting confused with the sale/transfer aspect. Even if it were a sale all they might end up requiring is a new ROFR because the contract will now have more points. It never would be a wait until the points are used or expire. Or maybe the people you spoke to are confusing holding points with RCI points? Highly bizarre but anyone can have a moment.
     

    curtmandydurham

    Earning My Ears
    Joined
    Oct 12, 2019
    It was my impression that the ROFR was done when requesting the transfer? This whole process started in March of this year and deed was recorded in June. When I spoke with them a few months ago they said they had the paperwork but nothing would change until the existing reservations were concluded (one was 2 weeks ago, and the 2nd one was to be next week but the one that was cancelled ((cruise)) I didn’t really know what to ask for during that call, but was taking them at their word.
     

    KAT4DISNEY

    Glad to be a test subject
    Joined
    Mar 17, 2008
    It was my impression that the ROFR was done when requesting the transfer? This whole process started in March of this year and deed was recorded in June. When I spoke with them a few months ago they said they had the paperwork but nothing would change until the existing reservations were concluded (one was 2 weeks ago, and the 2nd one was to be next week but the one that was cancelled ((cruise)) I didn’t really know what to ask for during that call, but was taking them at their word.
    The no transfer until existing reservation was completed sounds like it's typical so that was probably correct information even if like in @bumbershoot 's case they still did it. Holding points are not mentioned as any sort of obstruction though.
     

    curtmandydurham

    Earning My Ears
    Joined
    Oct 12, 2019
    So now that the existing reservation is complete no matter if points are holding or not it shouldn’t present an issue from completing transfer?
    The no transfer until existing reservation was completed sounds like it's typical so that was probably correct information even if like in @bumbershoot 's case they still did it. Holding points are not mentioned as any sort of obstruction though.
     

    KAT4DISNEY

    Glad to be a test subject
    Joined
    Mar 17, 2008
    So now that the existing reservation is complete no matter if points are holding or not it shouldn’t present an issue from completing transfer?
    It wouldn't be in a normal sale other than they might require a new contract and ROFR that shows the holding points. So for a gratuitous transfer they shouldn't matter at all. Perhaps something has changed very recently that I'm unaware of but in the past contracts with points in holding were able to be sold or transferred.
     

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