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Thread: Looking for opinions on this Oak Park Warranty Deed

  1. #1
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    Question Looking for opinions on this Oak Park Warranty Deed

    I am posting this on behalf of a friend, so don't have all the details. From what I can tell they were contacted out of the blue and asked if they wanted to "trade-up" their unit. My first reaction is to run, as it doesn't even provide a unit number or maintenance fees which is why they are concerned and brought it to me. Gut instinct says this is the developer switching them from a bi-annual unit to an annual unit to increase their MF's intake and get rid of annual inventory when I suspect is more difficult to sell.

    I can't upload the PDF, as it says it is too big, but here is the contents;

    For Recording Purposes Only
    Prepared by:
    BILLY J. BROWN, ESQ.
    Mark & Brown, P.A.
    5728 Major Blvd, Suite 502
    Orlando, FL 32819
    PLEASE RETURN TO:
    OP Realty Partners, LLC
    4090 Enchanted Oaks Circle
    Kissimmee, FL 34741
    SPECIAL WARRANTY DEED

    W I T N E S S E T H
    That the Grantor, in consideration of $10.00 and other good and valuable consideration to it paid by the Grantee(s), the receipt of
    which is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain and sell and convey unto the
    aforesaid Grantee(s), their heirs, devisees, successors and assigns, the following described TimeshareInterest from 10:00 a.m. on
    the first day until 10:00 a.m. on the last day assigned to said Grantee(s) pursuant to the hereinafter described Condominium
    Declaration, during the below described Unit Week, as such Unit Weeks are numbered and defined in the Declaration of
    Condominium recorded in the Public Records of Osceola County, Florida and the Book and Page number hereinafter described
    below. The Unit Week shall specifically include a designation, set forth in the Unit Week hereafter referenced, of (W), (E) or (O).
    If the Unit Week number is designated (W) for "whole," then the right to occupy and use the Condominium Unit is on an annual
    basis and the conveyance of an Annual Unit Week. Ifthe Unit Week is designated (E) for "even," then the right to occupy and
    use the Condominium Unit only applies during even numbered years, that is, years ending with the numbers 0, 2, 4, 6, or 8 and
    the Unit Week is an even year Biennial Unit Week. If the Unit Week is designated (O) for "odd" then the right to occupy and use
    the Condominium Unit only applies during odd numbered years, that is, years ending with the numbers 1,3, 5, 7 or 9, and the
    Unit Week is an odd year Biennial Unit Week. The Unit Weeks described herein are to be succeeded forthwith by succession of
    other Unit Weeks and Timeshare Interests in consecutive and chronological order, revolving among the other Unit Weeks
    described in the afore-said Declaration of Condominium in order annually, it being the intent of this instrument that each
    Timeshare Interest shall be considered a separate interest in real estate, held separately and independently by the respective
    Owners thereof for and during the period of time assigned to each in said Declaration of Condominium, each said interest being
    succeeded by the next in unending succession governed by said Declaration of Condominium until 10:00 a.m. on the first date.
    Said interest shall terminate upon an affirmative vote of the Owners as set forth in said Declaration of Condominium.
    TOGETHER with the remainder over in fee simple absolute, as tenant in common with the other owners of all Timeshare
    Interests in the hereafter described Condominium Parcel in that percentage interest determined and established by the aforesaid
    Declaration of Condominium for the following described real estate located in Osceola County and Stateof Florida, as follows:
    UNIT WEEK(S): 2(O) in Condominium Unit No: 1207 of OAK PLANTATION CONDOMINIUM, according to the
    Declaration of Condominium thereof, as recorded in Official Records Book 1375 at Page 242 of the Public Records of
    Osceola County, Florida, and all amendments thereto, if any.
    Parcel Number: P/O 18252918246000100100
    This conveyance is subject to and by accepting thisDeed the Grantee(s) do hereby agree to assume the following: (1) Taxes and
    assessments for the current year and subsequent years; (2) Conditions, restrictions, limitations, reservations, easements and other
    matters of record; (3) Declaration of Condominium for OAK PLANTATION CONDOMINIUM and Exhibits attachedthereto
    and any amendments thereof; (4) Zoning and other governmental regulations; (5) Purchase Money Mortgage given by the
    Grantee(s) to the Grantor herein to secure the purchase price; and (6) The Condominium Act of the State of Florida and the
    Florida Vacation Plan and Timesharing Act.
    The benefits and obligations hereunder shall inure to and be binding upon the heirs, executors, administrators, successors and
    assigns of the respective parties hereto. The Grantor does hereby fully warrant the title to said land, and will defend the same
    against the lawful claims of all persons whomsoever.
    This Property does not constitute the homestead of the grantor(s).
    IN WITNESS WHEREOF, the said Grantor has signed andsealed these presents the day and year first abovewritten.
    Signed, sealed and delivered in our presence:
    _______________________________________
    Witness By:_______________________________________

    _______________________________________
    Print Name
    _______________________________________ By:_______________________________________
    Witness
    _______________________________________
    Print Name
    STATE OF __________
    COUNTY OF ___________
    ________________________________________________
    NOTARY PUBLIC
    My Commission expires: ___________________________
    (Notary Seal)
    MB10

  2. #2
    Silver Contributor and supermoderator GrayFal's Avatar
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    No clue, sorry.

  3. #3
    Please excuse me, I'm a Dick. Not a moron just a Dick
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    As it clearly states , it is Week 2 in Unit 1207, Odd Years.

    If the Unit Week is designated (O) for "odd" then the right to occupy and use the Condominium Unit only applies during odd numbered years, that is, years ending with the numbers 1,3, 5, 7 or 9, and the Unit Week is an odd year Biennial Unit Week.

    UNIT WEEK(S): 2(O) in Condominium Unit No: 1207 of OAK PLANTATION CONDOMINIUM



    http://www.zillow.com/homedetails/57...84641575_zpid/

    Last edited by JLB; 08-01-2014 at 10:11 AM.
    RCI Member Since 24-Aug-1989/150-plus Exchanges***THE TIMESHARE GRIM REAPER~~~Exchanging/Searching/SW Florida/MO/AR/IA/Consumer Advocacy/Estate Planning/Sports/Boating/Fishing/Golf/Lake-living/Retirement****Sometimes ya just gotta be a dick

  4. #4
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    Yes, I realized after reading it a second time where the unit # was. I still think something is amiss, if they are offering an upgrade for only $10.

  5. #5
    Please excuse me, I'm a Dick. Not a moron just a Dick
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    Quote Originally Posted by gandalf252002 View Post
    Yes, I realized after reading it a second time where the unit # was. I still think something is amiss, if they are offering an upgrade for only $10.
    What is a small EOY 1-bedroom an upgrade from?
    - - - - - - -
    Sometimes good stuff just happens, especially to good people.

    I've been talking about it elsewhere this morning, but, back in the day we wanted to swap a Westgate week for a different week, so that we had two consecutive weeks.

    Marketing kept calling me, the last time at 9:00 on a Sunday night. They wanted to "take back" (so, see, they can if they want) our week and sell us a 3-bedroom lockoff, for $20,000.

    So, I played my "I Know Someone" card and was put in direct contact with their mortgage administrator, who swapped weeks like I wanted for just the recording fee, less than $50.

    I even remember the names of the two helpful ladies.

    So, even the least likely, from the least likely, can happen.

    (Please note, this is a somewhat positive post about timesharing).
    RCI Member Since 24-Aug-1989/150-plus Exchanges***THE TIMESHARE GRIM REAPER~~~Exchanging/Searching/SW Florida/MO/AR/IA/Consumer Advocacy/Estate Planning/Sports/Boating/Fishing/Golf/Lake-living/Retirement****Sometimes ya just gotta be a dick

  6. #6
    Super Moderator chriskre's Avatar
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    Quote Originally Posted by JLB View Post
    Please note, this is a somewhat positive post about timesharing).
    Has this account been hacked?


    Sent from my iPhone using Tapatalk

  7. #7
    Please excuse me, I'm a Dick. Not a moron just a Dick
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    For balance . . . . timesharing sucks.
    RCI Member Since 24-Aug-1989/150-plus Exchanges***THE TIMESHARE GRIM REAPER~~~Exchanging/Searching/SW Florida/MO/AR/IA/Consumer Advocacy/Estate Planning/Sports/Boating/Fishing/Golf/Lake-living/Retirement****Sometimes ya just gotta be a dick

  8. #8
    Goomba & Super Moderator tonyg's Avatar
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    I got to Billy J. Brown, Esquire.

  9. #9
    I have received this special warranty deed also. I am to sign it and mail back in within a few days. How did this turn out for your friend? Did Oak Plantations reassign them their new building and give them a new deed like supposed to? I'm very nervous, because they previously sent me a Quit Claim Deed, with a separate letter saying they would reassign me a building a couple months ago,and I almost mailed it back in. They said if I had sent that back I would have totally lost the timeshare. They said the lawyer probably sent that out to everyone trying to get them to drop their timeshare (basically scamming them). So how do I know this special warranty deed is not the same scam?

  10. #10
    Super Moderator chriskre's Avatar
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    Sher have you tried calling the resort and speaking with the manager?
    I'd certainly start there.
    You can also PM gandalf and he'd probably tell you how this ended.
    Sorry I can't be of more help as I haven't faced this yet.
    Welcome to the forum.

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