A party can locate a timeshare deed on the website of the county recorder in the county where the property is located. In some states, such as Vermont, land records are on the website of the town clerk. In some metropolitan areas, such as San Francisco and Denver, the city and the county are one and the same. The office for the city clerk will be the appropriate office for the party to search.
A party can also call or visit the appropriate county, town or city office in person to obtain paper records showing the deed. The office may provide the records for free or require a fee.
When a Timeshare Deed Is Needed
A party should consider getting a timeshare deed when she has shared deeded ownership. With this type of timeshare, the developer or builder grants each owner a percentage of the real property. The percentage corresponds to the length of time the owner has purchased. The owner gets a deed for her percentage of the unit.
The deed should specify when the owner is allowed to use the property.
Read More: Can I Be Sued for Not Paying My Timeshare?
Why There May Be Multiple Deeds
In a shared deeded ownership, the developer issues many deeds for each property. A condominium unit sold in one-month increments will have 12 deeds when fully sold. If a timeshare is a right-to-use property, a party does not need a deed because the developer retains ownership. The party only has the right to visit the property for a specified period or length of time. In a right-to-use property, the developer can raise fees and change the rules of the resort at any time.
Searching for a Deed
A party usually conducts a search for a deed using the first and last name of the property owner. A party who does not know the name of the property owner should search for the deed using the street address of the property on the website of the county property appraiser. The party can also call or visit the county property appraiser’s office.
Getting a Certified Copy
A party may want to get a certified copy of the deed because this type of copy has the legal validity of an original document. A party who has lost or misplaced a deed should consider getting a certified copy. Usually, to effect a transfer, a resort requires that it be given a certified copy of the deed containing the same recording information that was entered on the original.
Deeding Back a Timeshare
An owner who does not want his timeshare anymore may be allowed to deed the property back to the developer. A party may have to pay a transfer fee for this transaction. The advantage of deeding back a property is not having to take responsibility for it and not having to pay maintenance fees.
Transfer a Timeshare With a Sale
When a party sells a timeshare, he should notarize the deed and record the original at the county, town or city clerk’s office. The party should keep a copy of the recorded deed and provide a copy of it to the buyer. The party should send a letter to the resort to provide notice of the sale. The letter should include the time period or amount of time for which the party had the unit, the unit number and the contact information of the buyer.
A resort can charge a prior owner a transfer fee for selling the unit or his amount of time in the unit. The buyer should give the resort a copy of the recorded deed.
Jessica Zimmer is a journalist and attorney based in northern California. She has practiced in a wide variety of fields, including criminal defense, property law, immigration, employment law, and family law.