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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
I went to FantaSea for a free night just had to sit through presentation. Then they have u sit with someone and try to sell a mortgage. I had no intention on buying. They were telling me that it was an investment I need to get in on the ground floor and can make a huge profit if I buy now and sell later. And wile I wait for the value to go up I can rent my space to people until then. I told them I was a disable vet and knew I wouldn’t use it much so I still was not interested. They continued to hound me and kept giving me different prices. Every time I said no they tell me hold on and come with another lower price. They kept me there for over an hour trying to convince me. By then my pain meds were waring off sitting in that chair for so long I was in a lot of pain. When he couldn’t get the sale he then had a manager come over asking me how can we get you to purchase. They came from I think it was 32,000 all the way til I think 8,000 I finally gave in. But nothing they told me to get the sale was true. They said if I don’t use it as I said just sell it back when it was worth more money. I can make a profit when I was done and didn’t want it no more. I wish I knew more about time shares at the time I would have known they were lying to me to get the sale. I don’t remember the name of the person and manager that sold me the timeshare. But I’m sure I’m not the only one they used that tactic on. I would like to join this class action.
help we want out
Add our names to the lawsuit
Please let us know if we can be add
Not just flagship but RCI also
We would also like to be involved in lawsuit. We purchase ours and paid in full 2018 only used it once and paid a lot of money. Funny they called us to come in stating flagship no longer exists it’s only RCI and wanted us to pay another 15,000 but they dropped it 8000 and told them a really don’t care if it’s free. And also told us we can no longer book with interval they no longer do business with them and we needed to buy RCI….
Such a SCAM SCAM SCAM
Please help and get rid of these people and company
Same, we were bs ed into buying this time share and anytime we want to use it, there are no places available to use and also paying maintenance fees for something we have only used 2 times. And now that i contact them they told me i can deed it back to them, for no money. Waiting on the deed and will get back to you.
Mortgage paid in full 19 years ago., and current with my fees.My husband and I had extremely heavy sales pressure from more than one person! Unfortunately, I paid $14,740 cash. Then the contract administrator in the deeding dept, named Violet, coerced us into buying the upgraded, high peak red season. She said that we would have the advantages of the ‘Ice Gallery’ that includes cruises! I will never forget how CHEAP she said the cruise to Alaska would be!! For that falsehood, I had to take out a mortgage for $6,660!! When I would inquire about such cruises they were very pricey, and nothing like Violet had said they were. So today being Thursday , July 21, 2022 , I called the Contracts Dept. and I asked for Violet. She is still working there, but was very quick with me on the phone, and said. Oh. we don’t deal with ‘ Ice Gallery’ anymore , and hung up. I didn’t have a chance to ask her any further questions!!! So I would very much appreciate being involved in this class action lawsuit. This timeshare was very Difficult to book to various locations, and therefore hardly ever used!! Thank you!!
I would like to join also.I purchased my timeshare 21 years ago and want to get rid of it.I would like to join this class action law suit.
Please include me in your proceedings. I share all of the aforementioned experiences. I desperately need out and I would like to get my money back. My mortgage was paid in full many years ago. I was also told I could sell it back. I can’t even get a reservation to use the property.
If I live out of state can I also join this suit. They sold me an additional timeshare to upgrade the timeshare I had which was fraudulent since it’s changed nothing… We paid thousands to upgrade and we paid almost 15,000 for the timeshare 25 years ago
Sign me up! Paid in full and up to date dues. Bought @ 20 years ago and never used. Can’t get straight answers to questions. High pressure sales from the beginning. Elevator has never worked properly. Catastrophe waiting to happen.
For any class action I would like to be apart of one ..I cannot even book with them The timeshare is nonsense and I want out.. I was told I cannot sell it at all until I pay off the full mortgage… I want no parts in this nonsense … They don’t want it back because they know it’s BS!!!
mandyondabeat@icloud.com Please email me if there’s a class action lawsuit!!!