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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
This has become a nightmare. Very unprofessional organization but very shrewd. They have lied from the beginning unknown to us at the time.
Upsetting and shameful.
I am trying to get out as well. I bought in 2008 and did use it. After hurricane Sandy my maintenance fee went from $300 to now over $900. I think that is wrong. Also my husband and I are now divorced so I am left as a single mom teacher paying these outrageous maintenance fees every year. My credit is finally really good and I don’t want to ruin it. Can I be in on this class Acton law suit too? I don’t have a mortgage either.
Thank you so much!
How can I take part in the Class Action Suit. My husband and I were lied to as well. We bought it because they said they were building a water park. So many more lies to list.
May I also join this suit?
I have been tried everything to get out from under this contract outside of allowing it to ruin my credit by simply not paying them. If not to late, I would want nothing more than to be included. They can keep every penny they stole from me over the last 8 years…just rid me of the contract/deed.
Yes i would to get rid of my timeshare i am paying monthly payments and this outrageous yearly maintenance fee for a timeshare i never used. And they wouldn’t even give you a break last year during the peak of the pandemic please help
I was NEVER told that Interval had a yearly renewal and was never able to get a spot at a chosen destination. I denied the purchase three times and each time they sat someone else down to convince me it was a good deal. I am out nearly $6000 and not looking for any refund. I cannot afford it. Please add me to this list.
I also bought in 2018 never used and also want out count me in too….
Oh my goodness, I have been searching for someone anyone who had the legal know how to rid me of my Fanta Sea timeshare. I bought and paid off this red vacation week in 2019. But, due to personal relationship changes, retirement fixed income restrictions and their ever growing fees has made this a living nightmare I can’t wakeup from. And to my shame I’ve only used it once. I inquired about their buy back option or a possible surrender option and was told none was ever offered by this corporation. Is it to late to join this class action suit?
Same issue with Flagship as other have sited. I have been paying then since 2011 and was promised many things received nothing I have to pay increasing maintenance costs every year and for Interval which I was never told. When your weeks expire you pay again to hold them!! I’ve not stayed at Flagship one day and I have never used interval for any trip as it is farce and takes 5 + years to get the trip you want! Waste of time and waste of money! A fraud deluxe! I just got off to the phone with them seeking to have my contract sent to me which I had requested several times. I then called them to discuss getting out of the contract and was connected to the mortgage department offering to pay off the full debt which is only a few thousands $s and pay next years maintenance and in return to be fully released from the contract. The answer was that this wasn’t their practice however she dod share that sometimes they actually took back properties that were in demand on a case by case basis and she encouraged and transferred me to the maintenance department to have further discussion on this. When the gentleman came on he appeared highly agitated and was agrresive and essentially told me this wasn’t true and that he would get back with the women in the mortgage department and essentially chastise her for sharing that with me. He the became rather matter of fact, rude and eventually nasty and demeaning. He pretty much called me an idiot for signing such a contract that would pass to my family and all I was trying to test was Flagships willingness for contract relief in light of what was shared by their mortgage department with expressed willingness to fully pay the mortgage off and one additional years maintenance fee. Ive had it with these guys and I’m not going to pass this problem to my children. A clause were a building which should have a finite life with obligations for perpetuity must be illegal?? I kick myself for having missed this or I wouldn’t have signed this contract, Appreciate the opportunity to test how to get out of this formally and finally/ Thank You Jim
My husband and I were tricked into buying a timeshare from fantasea resorts in May of 2015,after reading the contract i notice several inconsistency regarding the purchase prise and the interest rate,in addition this company withdrew money from my bank account several times without my authorization
Just got talked into this. Saw and read most comments. I believe these comments to be the truth. I need someone to get back in touch with me as well because I would like to be a part of this class action lawsuit! SMH