Can a timeshare come after my house if I stop paying for the timeshare?

UPDATED: Oct 18, 2011

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Can a timeshare come after my house if I stop paying for the timeshare?

Asked on October 18, 2011 under Real Estate Law, Arizona


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have an agreement to pay the timeshare off from its owner or you fail to pay for the maintenance and other costs associated with your timeshare you can be sued under any written or oral contract with respect to it by the seller or the organization supervising the property where your timeshare is located.

Most likely you will end up having a judgment against you concerning the issues regarding nonpayment for your timeshare or costs associated with it if you lose any litigation over it. As a result, the first thing the judgment creditor will go after to satisfy any judgment concerning the litigation is the timeshare which could be placed up for auction and monies generated from the sale will be used to pay off the judgment creditor.

There is the possibility that in the event of any judgment against you the creditor can try and levy upon your home for satisfaction of any resulting judgment but most likely your state has a homestead exemption concerning one's home where equity in it is exempt from levy up to a certain amount.

I recommend that you consult with an attorney over the question you are writing about to answer further questions that you may have.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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