Deed and Record: Real Estate Title Transfer and Recording Service
Mark W. Bidwell, Attorney at Law
4952 Warner
Suite 235
Huntington Beach, CA 92649
ph: 714-846-2888
Mark
Hawaiian Timeshare, Interval and Vacation Deeds
Ready to begin? 714-846-2888 Mark@DeedAndRecord.com
Click here for Press Release on New Electronic Recording for Timeshares, Intervals and Vacation Ownerships in Hawaii.
Deed and Record prepares and records Hawaiian deeds for timeshares, intervals and vacation ownerships. New electronic service reduces recording time from months to next day.
What are Deeds?
Deeds are used to remove a spouse due to divorce, add a spouse due to marriage, add or remove a co-owner, gift or fund a trust.
"Deeds” include quit claim deeds, warranty deeds, inter-spousal deeds, vacation ownership deeds and interval deeds.
We prepare deeds in the format and manner required by Hawaiian law, including legal description, demarcation and interval control number. Deeds are recorded electronically and returned to the customer by email. The customer provides a copy of the recorded deed to the Vacation Resort Club to update their records.
What are Affidavits?
Affidavits are used to recognize the death of a trustee, joint tenant or tenant-in-the-entirety. An affidavit is a statement in writing, sworn before a notary that notifies the State of Hawaii the death of a timeshare owner. The affidavit also identifies either the surviving owner or the successor trustee who has the authority to sell or change ownership of the timeshare. Affidavits are recorded electronically and provided to the customer by email.
Divorce and Dissolution of Marriage
In divorces and dissolution of marriage, a timeshare in Hawaii is awarded to one spouse. Until the non-owning spouse is removed as owner, he or she remains liable for property taxes and maintenance fees and has access to the timeshare. If title remains in tenancy-in-the-entirety the ex-spouse will automatically inherit the timeshare on the death of the timeshare owner.
To remove a former spouse, the former spouse signs a deed conveying his or her interest to the owning spouse. This deed is often referred to as an inter-spousal deed.
Marriage
A newlywed wants to add his or her new spouse as owner of the timeshare. To add the spouse a deed must be prepared granting joint ownership to the new spouse. The deed is signed by the owning spouse and recorded with the Bureau of Conveyances.
Husband and wife take title as tenants-in-the-entirety. On the death of the first spouse, the surviving spouse becomes the sole owner by filing an affidavit of death with the Bureau of Conveyances. After the affidavit is filed, the surviving spouse has full control to sell or transfer ownership of the timeshare.
Trusts
Timeshares are often overlooked in funding of living trusts. A trust is created. But if title ownership is not changed to the trust, the timeshare will require probate. A deed transferring ownership from the individual to the individual’s trust avoids probate and court supervision.
On the death of the Trust’s trustee the successor trustee files an affidavit death of trustee and a deed. The affidavit notifies the Bureau the trustee has died and who is the successor trustee. The successor trustee signs a deed to transfer ownership from the trust to the beneficiary identified in the trust. The beneficiary becomes the owner of timeshare.
Joint Tenants
As an alternate to trusts some timeshare owners add a child or relative as a joint tenant owner. In joint tenancy the deceased owner’s interest disappears by operation of law. The surviving joint tenant becomes the sole owner. The document to record the death is an “affidavit death of joint tenant.”
Gift
Timeshare owners who can no longer use the timeshare still incur maintenance fees. The resale market for timeshares is not robust. To avoid ongoing resort an owner should consider selling the timeshare for nominal value or gifting the timeshare. The cost of formal escrow may be avoided by quit claiming the timeshare.
In a “quit claim” the owner conveys ownership “as is” with no promises of the condition of the timeshare. The new owner is willing to accept a quit claim because he or she has not paid anything of real value and has little or no risk in the transfer of ownership.
Summary
Title, ownership change to remove a spouse due to divorce, add spouse due to marriage, add or remove a co-owner, to gift and to fund trusts is provided by Deed and Record. Service now includes next day electronic filing of Hawaiian timeshares in vacation resorts and clubs. For more information call 714-846-2888 or email Mark@DeedandRecord.com.
Mark W. Bidwell, Attorney at Law
4952 Warner
Suite 235
Huntington Beach, CA 92649
ph: 714-846-2888
Mark