Step By Step - How to Add Names to an Existing Contract (Gratuitous Transfer)

Discussion in 'Purchasing DVC' started by Kaufeegurl, Aug 20, 2018.

  1. Kaufeegurl

    Kaufeegurl Mouseketeer

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    I appreciate all the time and effort experienced DIS members give to thoughtfully and thoroughly answer questions on these boards. They have been an *invaluable* resource for my recent gratuitous transfer and I want to give back to the community. Some of the extremely helpful threads are more than 6 years old and there have been some changes in procedure. I also noticed many questions with answers that have good information sprinkled throughout many discussions and thought it would simplify things to have everything pulled together on one thread. Incredibly, my process from start to finish was 21 days!

    1. Submit a Request to Change Title to Member Administration. "A completed Request to Change Title form will serve as notice of your request to transfer ownership interests; does not require notarization and is a request for a Waiver of the Right of First Refusal to be issued. DVD will notify the Owner in writing within the 30-day notice period." The form can be found here and scanned/emailed:


    This is strictly a formality for a gratuitous transfer and shouldn't present a problem. Please be VERY careful to make sure you list the names exactly as you want them to appear as the 'grantees' on the new deed. They MUST match. Include any/all of the previous owners plus any new ones. You do NOT need the legal description of the property anymore; just your contract number and resort name. Only one member signature is required and it does not need to be notarized.

    2. While waiting on the ROFR prepare your deed. I think this is what intimidates most people when it is really very simple. Use your existing deed as a template. I am not an attorney and don't play one on TV. Seek legal advice if you have any questions or concerns about preparing your own deed. This primer is my experience only. (Edited to add: Use the link in Step 6 to search for your deed: type your last name in the 'either party' box and then click on the advance search tab and put 'disney' in the legal remarks box.) You will be changing the following items from your current deed:
    1. The "prepared by" area to yourself
    2. The date of execution
    3. The grantor(s) - these are the names of the grantees from the previous deed
    4. The grantees - these are the names you are adding plus those you are keeping AND must match EXACTLY the names you put on the ROFR Waiver request
    5. The amount of consideration (*see below)
    6. Create a new area for signatures, witnesses, and notary.
    7. Final check: See Fl. deed requirements and make sure your deed ticks all the boxes. If you are using your old deed as template, you should be Gucci (in the words of my son). One note: the notary stamp must be inked NOT a seal. Reports are that OCC may record a deed with mistakes but Disney will reject it.

    *The consideration paragraph: This should read $10.00 as this is a legal standard indicating a gratuitous transfer. Disney recognizes this as such and it will NOT trigger your transfer as a 'sale' with loss of any member benefits that may be grandfathered.

    Sidebar|Deed:
    Two of the most common ways to hold a deed are "Tenants In Common" and "Joint Tenants with Right of Survivorship". Educate yourself on the difference and decide if you still want to title your new deed in the same way as the original.


    If you are changing the name of an original deed holder on the new deed, such as changing a maiden name to a married one, on the advice of our attorney we included 'fka' (formerly known as) ie "Jane Doe fka Jane Fawn"

    Your grantees on the deed must match EXACTLY the grantees listed on DVC's ROFR Waiver. I can't stress this enough. I caught a mistake on Disney's part in my waiver. I called and they were very gracious and emailed a corrected waiver right away. If I had not caught it, she said it would have been bounced back - adding to the process time.

    3. Prepare the Document Stamp paperwork. It can be found at the link below and is now required. OCC wants to know why you are only paying the minimum of .70.
    Under property information: the purchase price/consideration will be $10. Check 'no' to full doc stamps and 'yes' to minimal (.70) and explain below: "adding names to an existing deed by gratuitous transfer" is sufficient.

    4. Receive your ROFR Waiver from Disney. Per Member Administration: As of July 1, 2018 Disney does NOT require a waiver to be recorded and you will not receive one. Your packet will have a 2 pg. letter stating their ROFR and instructions. There will also be a 2 pg. New Owner Information form and a 1 pg. contact information sheet. Your boilerplate letter may have a footnoted enclosures list that includes a waiver. As of 8/8 they had not corrected that and there will be NO waiver included.

    5. Send your deed, doc stamp declaration, and your check* to:
    Orange County Controller
    109 E. Church St.
    Suite 300
    Orlando, FL 32801​

    Sidebar|Address:
    The address I included is a physical address for their overnight mail. It was given to me by the very nice woman I spoke to in the OCC office. They have a PO Box that is listed on the website as the address to send your paperwork but this physical address works and will probably expedite your recording time.


    Sidebar|Be Kind:
    The same very nice woman I spoke to in the office said they really appreciate a self addressed, stamped envelope to return the deed
    although this is not required. I think they really do because my deed was recorded within 24 hours of delivery ;)


    *Your check should be made to Orange County Controller. You will need an amount consisting of .70 for the doc stamp, 18.50 for a 2 pg. deed (10.00 for the first page, 8.50 for each additional page), and $1.00 per name for the total number of names over 4. In my case I had 2 grantors and 5 grantees for a total of 7. So an additional $3 for a total of $22.20. Interesting sidebar: The OCC is allowed to accept a check for up to $10 over the amount owed. If you are unsure or want to make sure you don't get your paperwork returned for insufficient payment - include a few dollars more :)

    6. Watch the OCC website (or wait for your deed to come in the mail). We were in a time crunch for new memberships to use for a reservation so I didn't want to wait on snail mail. They start recording deeds at 7am. Search by name OR I searched by day - I was prepared to search everyday, several times a day after I saw that my tracked priority envelope was delivered. :) I was able to find my deed within an hour of it being recorded. It said it was "in process" but when I clicked on 'image' it showed the full deed with the stamp and I was able to download it. Here is the link to the OCC search page:

    7. Scan your recorded deed and your New Owner Information form into a .pdf file and email to Member Administration.

    8. PHEW!!!! Take a deep breath and wait for your welcome letter by email and your new membership card by snail mail.

    *A word about Florida mail. If you need to expedite your process, I recommend spending some extra $ and use a priority mail envelope to send your deed to the OCC office. First class mail to Florida is known to take longer than usual.

    A few 'membership extras' - ha!***
    -a gratuitous transfer will NOT affect an existing reservation. I was holding my breath and the excellent veterans on this board talked me off the ledge. Happy to report reservation is intact.

    - a gratuitous transfer will NOT affect your membership privileges that are grandfathered with your resale contract (if any).

    -edited to add from @bumbershoot
    "having your dues paid monthly totally counts as being paid in full with dues. So for those of us who do the monthly payments, do not panic that you need to pay it all. You are considered paid in full if you have the bank draft going on.
    (the panic was my experience 2 years ago, and knowing that it counts and is FINE is my experience recently)"

    My timeline:
    7/30 Scanned and emailed ROFR Waiver Request to Member Administration
    8/8 Received ROFR Waiver from Disney (snail mail)
    8/9 Mailed deed to OCC by priority mail
    8/14 Deed Recorded at OCC
    8/14 Scanned/Emailed official deed and New Owner Information to Member Administration
    8/20 Got the "Welcome Home" email from Disney

    ***These are my experiences only. I am not an attorney and I am not providing legal advice. An attorney should be contacted for advice on specific legal issues. For specific information on how a gratuitous transfer may affect your membership you should corroborate with Member Services. We all know how things can change with Disney.***
     
    Last edited: Aug 24, 2018
  2. CarolynFH

    CarolynFH DIS Veteran

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    Thank you! This is excellent - maybe should become a sticky.
     
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  4. Frederic Civish

    Frederic Civish “I’m just here for the Ears.”

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    Thank you. I love it.

    One question: you say we can modify the information on our existing deed and use that as a template. But where do I get a copy of my existing deed?
     
    Last edited: Aug 20, 2018
  5. Kaufeegurl

    Kaufeegurl Mouseketeer

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    You can get a copy of your existing deed by using the link above for #6. That will take you to the Orange County Controller's website search page. Type your last name in the box for either party. To further refine, click on advanced search and type "disney" in the legal remarks box. This will pull up all deeds with your last name on it relating to DVC (and probably a few others!)
     
  6. Frederic Civish

    Frederic Civish “I’m just here for the Ears.”

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    Thank you. I saw the link but thought it was for something else. I will use it. I have 3 contracts that I need to retitle, and I don’t want to spend the approximately $500 that I did last time. Then, someday, we might move 8 contracts into a family trust, or something. I will learn how to do this, and you have shown us how.
     
  7. Kaufeegurl

    Kaufeegurl Mouseketeer

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    thank you - i edited the original post to add the deed search info in Step 2.
     
  8. CarolMN

    CarolMN DVC Co-Moderator Moderator

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    We're going to add a link to this thread from the DVC Resource Center.

    Thanks for sharing, Kauffeegurl!
     
    Last edited: Aug 21, 2018
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  9. bumbershoot

    bumbershoot DIS Veteran

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    Along with the info about existing reservations, another needed tidbit is that having your dues paid monthly totally counts as being paid in full with dues. So for those of us who do the monthly payments, do not panic that you need to pay it all. You are considered paid in full if you have the bank draft going on.

    (the panic was my experience 2 years ago, and knowing that it counts and is FINE is my experience recently)

    I'm sure you can word it better, though.
     
  10. Kaufeegurl

    Kaufeegurl Mouseketeer

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    I edited the original post to add the info - thanks!
     
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  11. CarolMN

    CarolMN DVC Co-Moderator Moderator

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    You can now find this thread in the DVC Resource Center. Just scroll to post #11.

    Doc added it yesterday afternoon. :) :) :)
     
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  12. california37

    california37 Mouseketeer

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    This is great-thanks so much!

    Just one question-as we are from the uk-how do we get the document notarised? You mention getting an ink seal instead of a stamp? I’m confused! Notaries over here are very few and far between as uk law is different. Can we get it noterised by anyone via email/post? And how much does this part cost?!

    Thanks!
     
  13. Kaufeegurl

    Kaufeegurl Mouseketeer

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    Just one question-as we are from the uk-how do we get the document notarised?
    Someone from the UK will have to chime in. How about your bank?

    You mention getting an ink seal instead of a stamp? I’m confused!

    The notary stamp must be an inked stamp and not a raised seal - some notaries have both or if they have just one it is usually just the inked stamp. You need the inked stamp.

    Notaries over here are very few and far between as uk law is different. Can we get it noterised by anyone via email/post?
    The point of a notary is to provide witness that you are who you say you are and that you personally signed the legal document in front of them so having something notarized by email/post is not an option.

    And how much does this part cost?!
    It is easy in the US to find a notary (bank, public library, your employment) and they are usually free.
     
  14. DaveNan

    DaveNan Mouseketeer

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    Awesome, Thanks. I will likely be doing this within the next 2 years.
    How does one handle a marriage? If I add one of my DD's and she gets married, do we just update the name with Disney, or would I have to go through the recorders office again? I understand all the risks with it now being a joint asset with her husband, I was just curious about name on the contract/deed.
     
  15. Kaufeegurl

    Kaufeegurl Mouseketeer

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    You just send her marriage certificate to Member Administration with a request to have her name changed with DVC. We just did this also :)
     
  16. DaveNan

    DaveNan Mouseketeer

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    Thanks!!
     
  17. california37

    california37 Mouseketeer

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    Thanks for the response Kaufeegurl!

    Another question.... you mention about using the existing deed as a template for the amended deed which you then get notarised.... we have the deed and looked online and both are photocopied versions. So do we literally re-type out the deed with the correct details on?

    Sorry for the questions!

    Getting the right notary which the OCC will accept is hard!! We sold a DVC contract earlier this year and at first got it notarised by someone who didn’t use the raised seal-but an ink stamp instead. This got rejected so we needed to track down a notary who used the raised ‘wax’ seal... (easier said than done!!) it got accepted then. Just to double confirm-we just need a solicitors stamp (ink pad stamp) to notarise the document as legal?!? I guess this is what is confusing us!!!! What does an ink stamp look like?!? As we don’t have notaries as common as in the states, we need to make sure we get the right thing as time is tight! The first notary cost us £90 and the second cost £150 so we need to make sure this is right!! We can’t get a notary in the states as we are not there until our vacation! Any help is greatly appreciated!!

    Thanks again!!

     
  18. Kaufeegurl

    Kaufeegurl Mouseketeer

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    Yes, you literally retype your existing deed with current details. (Or use software which scans your document and then prepares a writable file. This is uncommon but if you have some IT friends . . . . :)

    I have no idea why the ink stamp was rejected - it is REQUIRED in Florida. I have included the link to a notary site that lists requirements by state which confirms Florida is ink stamp only. You should call the OCC and confirm what is needed - they are very helpful there.

     
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  19. wishicouldgomoreofte

    wishicouldgomoreofte Mouseketeer

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    Thank you for this. So I find my deed and retype it, copying it verbatim, but changing the things you specified? I want to do this with 2 deeds, one resale and one purchased from DVD. They look quite different. The DVD one does not use grantor and grantee. Should I on the new one?
    Thank you for your help.
     
  20. Kaufeegurl

    Kaufeegurl Mouseketeer

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    I can't give you exact advice, I'm not an attorney. If it were me, I would use the resale deed as your template for both. When researching deeds the resale/gratuitous transfer deeds never looked exactly like the original deed from DVC. You'll just have to transfer the property description from the DVD deed to the new template. DVD just uses the wording by/to instead of grantor/grantee.
     
    Last edited: Aug 24, 2018
  21. beardedbil22

    beardedbil22 Earning My Ears

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    Question, when looking at our current deed it says this "whose address is, for the purposes of this Deed, c/o Disney Vacation Development, Inc., 200 Celebration Place, Celebration, Florida 34747." as our address... do I still keep this as our grantees address or should it be changed this time around to the actual home address? What if the person we are adding (son) has a different address, and thus we would have two different addresses for grantees?

    Also for signatures does only the Grantors need to sign or does all new Grantees also need to sign?
     
    Last edited: Aug 24, 2018

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