Many Americans dream of buying and owning a vacation timeshare. But major banks and mortgage companies don't usually offer timeshare loans. So, people often take out a mortgage from the resort developer to buy their timeshare. But what happens when you can no longer make your timeshare loan payments?
A timeshare foreclosure, much like a residential foreclosure, could potentially result in serious consequences, like a lower credit score, a deficiency judgment, or tax ramifications.
When you apply for a loan or other form of credit, one of the first things a potential lender takes into consideration when deciding whether to lend to you is your credit scores. A timeshare foreclosure might be damaging to your credit scores. Keep in mind, though, that not all timeshare lenders and companies report late or missed payments—or even foreclosure—to credit agencies on time, if ever.
But this doesn't mean that the timeshare foreclosure will never get reported or show up on your credit reports. Foreclosures are part of the public record, and credit reporting bureaus have access to this information.
Generally, if you go through a foreclosure, your credit scores will drop 100 points or more, though the actual drop in scores can vary from one borrower to the next. The past-due entries for missing your payments, assuming that the lender who loaned you money to buy the timeshare reports them, will also drop your scores.
The hit is more severe if you had very high credit scores before the foreclosure action. But if you already have low credit scores, a foreclosure has less of an impact.
A timeshare foreclosure might create problems for you when it comes to getting credit in the future.
Following a timeshare foreclosure, you could face a deficiency judgment, though most timeshare lenders only go after the property. Still, your case might be the exception.
Whether you'll face a deficiency judgment after a timeshare foreclosure depends on state law and whether the lender decides to go after you for one.
In Florida, for instance, the borrower isn't subject to a deficiency judgment after a timeshare foreclosure even if the proceeds from the sale of the timeshare are insufficient to cover the debt. (Fla. Stat. Ann. §721.81(7)).
If the lender decides to write off the deficiency balance instead and sends you a 1099-C, "Cancellation of Debt" form, you might have to include this amount in your taxable income, unless you qualify for an exception or exclusion.
Employers sometimes run a credit check on potential employees. Though, some states (and cities) restrict the use of credit reports in employment decisions. (To find out whether your state is among them, go to the National Conference of State Legislatures' chart on www.ncsl.org.)
Because a foreclosure might appear on your credit report, you could have difficulty getting certain jobs. This, of course, depends on the employer and, to some extent, the reason for the foreclosure. For example, if you're applying for a job in the financial services or banking industry, a bad credit report might affect your ability to get the job because the potential employer might think that you're not able to handle finances competently.
Companies that claim that they can repair your credit following a foreclosure are almost always a scam. You can't legally remove accurate information from your credit report, and companies that claim they can do this are dishonest.
If you're facing a timeshare foreclosure, consider talking to a local foreclosure lawyer to learn about your rights and different options. A lawyer can advise you about ways to potentially keep or dispose of the timeshare or ways to improve your credit after a foreclosure.
If you have questions about possible tax consequences following a timeshare foreclosure, consider talking to a tax attorney.