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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
How can I get involved in this class action lawsuit?. My mother purchased a timeshare from the flagship back in 1996 for $5000.00. She paid for it in full. Every year they are harassing her for the maintenance fees. Back in 1996 it was only about $200 per year now they are asking for $800 per year in maintenance. Her and my Dad are elderly and unable to drive to Atlantic City. They can’t use the timeshare anymore. They are retired and live on a fixed income. They don’t need this financial burden. They have been lied to. Please contact me. Thank You
I want to get out of my flagship resort timeshare contract. Iam paying over $900 in maintanance fee. They lied to me. I ask them if I can sell my timeshare, they said yes. I told them that i want to sell, they told me that they dont do that. They can only transfer my contract to someone else. I havnt use my timeshare in 6years. I have no need for it. Flagship resort mislead me.
Hello , my and i purchased a timeshare at fantasea flagship approx. 20 years ago (no mortgage) and would like to part with it,any help would be greatly appreciated
thanks Joe W 386-846-9624
We would like to get involved, as well. We were persuaded into “upgrading” and have had not success in being able to use the timeshare. We were scammed into thinking it was a great deal.
Please include us we were lied to by Flagship. The Deed is worthless and they wont let us discontinue the agreement.James Johnnson.
I would also be interested in joining this lawsuit. Its a complete scam. And you can’t even give it away.
We have been manipilauted and lied to for years by the Flagship Resort. Each time we paid off our unit they pressured us into a “better” upgrade. During the pandemic they refused to provide any assistance or consider letting us sell back at a reduced price or get out of the timeshare. All of our fees are currently paid in full with the maintenance fee over $900. It’s awful how they’re taking advantage of now senior citizens.
Please help they are a nightmare
would like to be involved in lawsuit. Paid in full. Up to date. Lied too and deceived.
I need to sue flagship resort. I don’t know who to call there are no lawyers who can help me regarding timeshares.