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UPDATE: The fantaSea Resorts class action lawsuit was terminated in a summary judgement on behalf of the defendants on August 30, 2018.
FantaSea Resorts violates multiple New Jersey consumer protection laws in the way it manipulates the sales of its resort timeshares, according to a new class action lawsuit.
The plaintiffs, Gaetano Tirri and married couple Kelly Taylor and Brian Kalmus, say that when they executed the deed of transfer to purchase their timeshares, FantaSea made them simultaneously execute a deed in lieu of foreclosure in favor of FantaSea. By doing so, plaintiffs say, FantaSea makes purchasers immediately give up the timeshare rights they just paid for.
Kalmus and Taylor claim that in December 2012 FantaSea induced them to upgrade their existing timeshare via manipulative sales tactics. They were allegedly told their existing timeshare in the LaSammana resort was “worthless,” even though they had just paid $5,295 for it the previous April. FantaSea told them they had missed an opportunity to upgrade that timeshare to a Flagship Resort property, but the company offered to make a “one-time exception” for them, according to the plaintiffs.
The couple says they agreed to the upgrade, at a cost of more than $15,000. They executed both the deed of transfer and the deed in lieu of foreclosure FantaSea required of them – transferring their just-purchased interest back to FantaSea. They then made payments on the mortgage until May 2015, when they claim FantaSea subsequently sent them to collections.
Tirri says he purchased his own timeshare from FantaSea in June 2013, also signing both a deed of transfer and a deed in lieu of foreclosure. When he defaulted on his mortgage payment sometime around November 2014, he says he received a notice from FantaSea threatening him with a lawsuit and a sheriff’s sale of the property. Tirri says the notice did not state the amount of money required to cure his default, whom to pay, or notice of the opportunity to cure.
All three plaintiffs note that FantaSea also required them to submit to an “Escrow Agreement” that allowed all their deposit money, closing costs, and mortgage payments to be held in escrow by FantaSea’s own in-house attorney.
The plaintiffs now allege these actions, and others, directed at the rest of the purported Class are violations of several New Jersey consumer protection statutes, namely the Consumer Fraud Act, the Truth in Consumer Contract, Warranty, and Notice Act, and the Fair Foreclosure Act.
The three plaintiffs are seeking to represent all persons whom FantaSea required to execute a deed in lieu of foreclosure at the same time they purchased a New Jersey timeshare from the defendants. They also want to represent a subclass of plaintiffs to whom the defendants sent an allegedly defective Notice of Intention to Foreclose.
Tirri, Kalmus and Taylor are seeking a damage award to cover their own losses plus triple damages, costs and attorneys’ fees available under New Jersey consumer protection laws.
The plaintiffs are represented by David J. DiSabato of DiSabato & Bouckenooghe LLC and by Andrew Meyer, Patrick Kennedy and Rick D. Kennedy of Finn Law Group, PA.
The FantaSea Fraudulent Timeshare Class Action Lawsuit is Tirri, et al. v. Flagship Resort Development Corp., et al., Case No. 3:16-CV-01771 in the U.S. District Court for the District of New Jersey, Camden Division.
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72 thoughts onFantaSea Class Action Says Timeshare Offers are Fraudulent
My husband and I are in the same boat. I contacted a timeshare lawyer company who wouldn’t take our case. They basically said that they can’t help us because it’s almost impossible to get out of a FantaSea timeshare. I’d like more information on the class action. At this point, I just want them to take it back. They can try to resell it, Lord knows I sure can’t!!
Me too
I also want out of my timeshare. I have called several times to be able to book a room and when I call it is over booked. I asked them if they are able to sell my timeshare they told me I would have to sell it my self. I feel like this is a waste of money every year not being able to use something that I am paying for. The vacations they say you can take with RCI you also have to pay a espérate membership for and it’s usually cheaper without that membership. This is a scam and it’s sense less.
I would like more information on joining this class action and the cost involved in doing so. We are currently in the same situation with flagship and wish to end our relationship with this company. To cancel contract and terminate timeshare
We want out too!!
The same thing happened to me. I would like to be part of this lawsuit.
I too got caught in this SCAM, all the things you read on the better business bureau are true. The lies, the sales tactics, I own mine and have no late fees. All I want is out. I don’t want to sell, I just want my name off it ! You got me.
I was informed after buying, I could not resale or rent without their consent. When I went to sign papers they would not let my husband in.i trued to contact over last 10 years to get help selling even asking them to take it back. To no a
Vail
How can we get added to this law suit?
This is exactly what happened to my wife and the same location exactly. They promised free vacations etc. and nothing happened, we were told many lies that never happened, and that we had a deed to the property. which we can sell like real-estate. will to family etc.
we now live in Florida and have never used our time share.
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Sherry Harms
863-267-4330
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I too purchased a timeshare from Fantasea and received a collection notice with no amount due, dated the day they claim they received my letter requesting a cancellation. Then the harassment started, I was basically threatened and told i didnt have the option of cancelling. SCAMMERS!!!
Have you heard anything?