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When does the seller get paid?

After all closing documents have been returned by both parties, properly signed, notarized and ready for recording and the Buyer's purchase funds have been confirmed as good, cleared funds, the net purchase price will be disbursed to Seller.

How is the buyer's purchase money held pending closing?

The Buyer provides the purchase price to us by check made payable to PCS Holdings, LLC DBA PCS Title Escrow Account. These funds are deposited into escrow account under the name of the Buyer. Unless Buyer's funds are delivered in the form of a Certified Check, Cashier's Check or federal wire transfer, closing does not occur until Buyer's purchase funds are cleared.

Are there additional costs associated with the closing?

There are some small additional fees associated with the recording of the deed. Typically, a recording cost of $10-$25 is paid by the Buyer. Additionally, a nominal transfer tax may be imposed. For example, Florida imposes a documentary stamp tax on the transfer of real estate equal to 0.007 times the value of the property transferred (rounded up to the next highest $100). As an illustration, if a timeshare in Florida is purchased for $4,670.00, then the documentary stamp tax is $32.90. The transfer tax is customarily paid by the Buyer.

Finally, it is possible that the resort may charge a small transfer fee. It is up to the Buyer and Seller to decide who should pay this fee. Please indicate on the Order Form who should bear this charge and we'll take care of paying the resort at the time we notify them of the transfer.

What is a deed?

A deed is a legal document used to transfer from one person or entity to another certain rights in a parcel of real estate. It is used in all purchases, sales, gifts or other transfers of real estate.

Are there different kinds of deeds? What kind do I need?

There are several different types of deeds used to transfer property. The two most common are the Quitclaim Deed and the Warranty Deed.

A Quitclaim Deed is a deed that simply transfers to the new owner (called the "Grantee") whatever interest in the property may be held by the person signing the deed. The signer of the deed (called the "Grantor") makes NO warranties or guarantees about the quality of Grantor's interest in the property, whether or not there are any liens against the property or whether anyone else may claim any interest in the property. A Quitclaim Deed is most often used in non-sale transactions.

A Warranty Deed, sometimes called a General Warranty Deed, is a deed that transfers all rights of the Grantor to the Grantee, but the Grantor also makes certain warranties or promises to the Grantee. These promises typically include the Grantor's promise that Grantor has the rights in the property that Grantor purports to transfer to Grantee, that Grantor has the right to convey the property, that the property is free from liens or claims of third parties, that Grantee is entitled to be in possession of the property and that Grantor will compensate Grantee for any damages sustained as a result of any claims against the property by third parties. A Warranty Deed is the type of deed most often used in ordinary purchase and sale transactions.

How should I own my new timeshare?

You may own your timeshare in your individual name or in joint names with another. Having two or more persons as the recipient of the property, called the Grantees, requires someone to decide on how the owners should own the property between themselves.

If there are two Grantees, they each may simply have an equal one-half interest in the property that either of them can leave by will to their heirs at their death. This form of ownership is called tenants in common.

Alternatively, the deed may say that the property is to be owned by the two Grantees as joint tenants with right of survivorship. If this form is used, immediately on the death of one of the Grantees, the other surviving Grantee automatically owns the entire property, regardless of what the deceased Grantee's will may say. Recording the death certificate in the public records of the county of the property will provide proper evidence that the entire property is owned by the surviving party.

Are there specific requirements for the content and format of a deed?

State law and sometimes local custom will dictate the exact requirements for a deed. PCS Holdings, LLC DBA PCS Title will insure that your deed is prepared in compliance with all state and county requirements.

What is the legal description for property?

The legal description for a piece of real estate is the precise description of that property contained in the public records and is derived over time through the chain of title. It is the description used for transferring the property to another. The legal description is not the street address and is not the abbreviated form of description used on the real estate tax bill for the property. A deed preparer should always use the legal description exactly as it appears in the prior deed for the property unless the property to be transferred is only a portion of or is otherwise different from the property as described in that prior deed.

Is there anything unique about a transfer to a trust?

Yes. A transfer to a trust is unique in several ways. In Florida, the transfer should always be made to the trustees of the trust and not to “the trust” per se. This is because for the purposes of real property transfers, the trust is not recognized as a separate entity from the trustee as would be the situation, say, for a corporation and its president. The transfer document (deed) should also contain certain language concerning the powers of the trustees regarding the property. Doing so may eliminate the need to record a copy of the entire trust, a document usually containing personal information. Finally, the terms of the trust and the identity of the beneficiaries of a trust can have a bearing on whether the documentary stamp tax is due on the transfer. If your transfer is to be made to a trust, PCS Holdings, LLC DBA PCS Title will insure that your deed is prepared in accordance with these special requirements.

Who signs the deed?

In most States, the Grantor is the person signing the deed. This is the person who is transferring their rights in the property to another. The Grantor's name should always be shown exactly as it appeared on the deed used when the grantor received his or her interest in the property. PCS Holdings, LLC DBA PCS Title will include specific signing instructions with the documents provided. Some States require both the grantor and grantee to sign the deed.

Must a deed be recorded?

To be legally valid, the deed is not required to be recorded although it is very risky not to do so. If the deed is not recorded, the Grantee's name (and rights) appear nowhere in the chain of title found in the public records of the county. Other parties may take actions or fail to take actions that could affect the property without a knowledge of your ownership rights. For example, the grantor may have a lien filed against all of his or her property after you receive your deed but because you have not recorded it a question arises as to whether the lien has attached to your property or not. An unscrupulous grantor may even give another deed to the same property to someone else who has no knowledge of your claim to the property. To protect the rights of the Grantee, it is advisable to properly record the deed.

In Florida, the deed must be recorded in the county in which the property is located. The agency that handles the recording is the Clerk of the Circuit Court. The Clerk's office serves many functions (not just real estate recordings) and will usually have a separate department to handle the recording of all legal documents, including deeds.Our complete Escrow Closing Service includes the proper recording of your deed.

What is title insurance? Do I need it?

Title insurance is an insurance policy under which the title insurance company agrees to pay you for certain losses that you may suffer in connection with the title to your real estate. As with any insurance policy, there are certain exclusions and limitations. Generally, the policy will promise that (1) if a legal action occurs contesting your title to the property, the insurance company will defend the title at no cost to you, and (2) if there is a defect in your title that can't be resolved in your favor, the title company will reimburse you for the amount of your loss up to the policy limit.

Whether you need title insurance depends on the circumstances involved and your tolerance for risk. When you purchase a significant piece of real estate from someone else, it is important to make sure that you are acquiring good legal title to the property. An examination of the legal history of the property should be conducted by a competent real estate attorney and a title insurance policy purchased to cover any possible defects in the title that may be hidden and not discovered during the examination of title. The cost of the property usually justifies the expenditure of additional funds for the assurance of a title insurance policy.

The cover letter says to have the documents notarized.

This is a generic cover letter as we do business in many states and they all have different requirements. If you do not see any documents that have to be notarized, then just what you have and return them to us in the prepaid overnight envelope.

I do not know where to take my package to ship back to you?

There are many UPS drop locations throughout the country. You can go to www.ups.com and locate one off their website, or if you want you can call them at 1-800 PICKUPS. If you call them, they can even schedule a driver to pick up the package for you.

What does this part of the legal description in my deed mean?

...it being the intent of this instrument that each Unit Week shall be considered a separate estate held separately and independently by the respective owners thereof for and during the period of time assigned to each in said Supplemental Declaration, each said estate being succeeded by the next in unending succession governed by said Supplemental Declaration until January 1, 2022, as of which date said estate shall terminate, unless extended as provided by said Supplemental Declaration.

What does it mean that the "estate shall terminate"??

This is a standard clause in timeshare contracts. There is a good reason. There is always the very remote possibility that as a resort ages it could get run down, too expensive to maintain, the neighborhood may run down, or, as is more likely, the real estate will become much more valuable. There is a provision in the deed that on a specific future date it will be VOTED on as to whether or not to continue ownership as a timeshare. The ownership never ceases and all right remain the same; it is and always will be deeded property. If it is decided not to continue as a timeshare, the property would be liquidated and the owners would divide the purchase funds.

Do you do closings in states you do not have listed on your website??

No, we only do business in states we are authorized to conduct business in. However, we do value you as a client and have a strategic alliance with Stewart Vacation Ownership and InterCity Escrow in California to handle the closings we can not.

What company underwrites your title insurance policies??

PCS Holdings, LLC is an authorized Policy Issuing Agent of Fidelity National Title Group, the largest title insurance underwriter in the United States as well as Old Republic National Title, both are national title insurers.

How long does it take the resort to update their owner records.?

Each resort is different in the amount of time to make the transfer in their system. We have seen several days to several months. This is one area totally out of our control.

I have a buyer or seller that is out of the country.?

On transactions where one of the parties is in a different country, we email all the closing documents to them to print out. They then have to take it to a notary for signatures. Unlike here in the U.S., many times, the only notaries in other countries are attorneys and they have to call to schedule an appointment. This can take up to a week to get. Once those are signed and notarized, depending on the shipping method, we usually have documents back within a week.

To speed up the process, can you email me my closing documents??

Yes, however, due to recording requirements in most states, they have to be printed on a laser printer. With inkjet technology, if the paper gets wet, we get a rainbow of colors back for closing and the counties while the paper looks pretty, won't let us record the document.

If you have a inkjet printer and print the documents, you would need to have them photocopied and sign the photocopies as that technology is laser printing. Please do not make the copies from your multi-function printer unless it is laserjet.

Title insurance is an insurance policy under which the title insurance company agrees to pay you for certain losses that you may suffer in connection with the title to real estate.


The Process and Timeline for Transfers.

The transfer of timeshare title is similiar to any conventional real estate title transfer. There are many steps and people involved to complete your transaction from start to finish. Click Here to see a chart on the progress of a timeshare title transfer, from the meeting of a Buyer and Seller to the completion of the transfer with the Resort updating their records.


Do you have a question?

Check out our convenient list of frequently asked questions. We have gathered most of the commonly asked questions and placed them on our website.. Don’t see an answer to your questions? - No problem, contact our friendly staff toll free - (800) 973-3316



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What is a Deed?

A deed is a legal document used to transfer from one person or entity to another certain rights in a parcel of real estate..

What is Title insurance?

Read through out extensive list of commonly asked questions extensive list of commonly asked questions.

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