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Re: Getting rid of a time share. - Deed in Lieu of Foreclosure

I was reading your postings and the question came to my mind, is the original sale legal and enforceable if the deed was not properly executed. In most states you can not legally sell a property to a minor, nor sign the required contract for maintenance fees with a minor. It would be interesting to find out if you can simply tell them the sale was fraudulent, and walk away. May or may not be possible, but I would check with legal resources in Florida to find out. You may actually be putting yourself in a worse position by signing and returning the deed. [Q=jayjay] [Q=susane252] I received an offer to proceed with a deed in lieu of foreclosure as a result of not paying MF...I researched the deed, as I never had a copy, only to find out that it lists on the deed the name of my son who was a minor when I purchased it. He never signed a P & S agreement, so this was a recording error. I want to sign the deed in lieu and give it back, but he does not want to sign it because he was never liable for any MF. There is no mortgage only past due MF. If I sign this will I be liable for the prior MF? If they do not have his SS# and if he signs will make him personally liable? Will it affect my credit or both of our credit reports? Also they want to give us $125.00 for the recording fee.[/Q] If the deed is in your son's name (only) then you are not responsible for the maintenance fees (UNLESS your name is also on the deed). If he (and you if you name is also on the deed) wish to be rid of this debt then $125 is a small fee for recording. As far as your credit score (if your name is also on the deed) it would have already been dinged for non payment of maintenance fees in the past.[/Q]