I wanted to know whether Westgate Resorts really sues its own timeshare owners who stop paying.
Not whether Westgate could sue them. Not what an exit company says might happen. And not what someone posted on Facebook.
I wanted to know whether Westgate has actually taken its own timeshare owners to court—and what happened when it did.
So I started going through the court records.
What I found should be of particular interest to anyone who owns a Westgate timeshare, is thinking about stopping payments, or is sitting in a Westgate sales presentation considering buying one.
What the Court Records Reveal
The records show that Westgate does not necessarily consider an owner’s decision to stop paying to be a cancellation of the timeshare.
In one major federal case, the court examined what happened after a group of Westgate owners were advised to stop making their timeshare payments.
The court’s conclusion was remarkably clear: stopping payments did not create an automatic exit. Westgate continued sending notices and maintenance-fee statements and pursued enforcement of the owners’ obligations.
But I found something even more interesting.
The court record contains correspondence from attorneys representing Westgate interests warning that owners who defaulted could become the subjects of lawsuits.
The letter went even further.
It stated:
“My clients will seek money judgments, not foreclosures.”
That’s quite a statement for anyone considering simply walking away from a Westgate timeshare.
Then I Found an Actual Owner Westgate Sued
This wasn’t merely a threat contained in a letter.
The federal court discusses Edwin and Marylou Aviles, Westgate owners who stopped making payments after seeking assistance getting out of their timeshare.
According to the court, Westgate sued the Aviles in Florida state court for breach of contract based on their failure to make payments.
Westgate was seeking money damages.
The case was Westgate Towers, LLC v. Edwin G. Aviles & Marylou Fiore Aviles, Case No. 2015-CC-012285-O.
This is important because now we’re no longer talking about what Westgate theoretically could do.
We have a court record showing it actually happened.
Did Westgate Win?
This is where the story becomes even more interesting.
The lawsuit didn’t simply end with Westgate collecting everything it claimed the owners owed.
According to the federal court’s account, the litigation continued for approximately a year and a half.
It ultimately concluded in March 2017 for $710, with Westgate recording a warranty deed in lieu of foreclosure transferring the Aviles timeshare interest back to Westgate.
So did Westgate win?
That’s not as simple a question as it might first appear.
Westgate pursued the owners through litigation, but the ultimate resolution also resulted in Westgate taking the timeshare back.
That is very different from saying every Westgate owner who stops paying will be sued or that Westgate will recover every dollar it claims is owed.
What If Your Westgate Timeshare Is Already Paid Off?
This was the question that interested me even more.
Suppose you don’t owe Westgate another penny on the purchase price.
The mortgage is gone.
You paid thousands—or perhaps tens of thousands—of dollars for the timeshare.
Can there still be consequences if you stop paying the annual maintenance fees?
The answer from the records is yes.
The federal court explained that after ownership is transferred, Westgate owners remain responsible for annual common expenses charged through their resort homeowners association.
Those expenses can include maintenance fees, real-estate taxes and utility charges.
And according to the court record, failure to pay can potentially result in additional assessments, liens, forfeiture of the timeshare and litigation to recover amounts owed.
One Owner Had Already Paid Off the Mortgage
The federal decision also discusses a Westgate owner whose mortgage had already been paid.
She still had ongoing maintenance obligations.
After payments stopped, Westgate did not simply say, “She doesn’t want the timeshare anymore, so we’ll cancel it.”
The dispute eventually moved toward foreclosure.
That’s an important distinction for owners to understand.
Paying off the purchase price does not necessarily eliminate the continuing financial obligations of Westgate timeshare ownership.
Before You Simply Stop Paying, Understand What You’re Doing
This is where I believe some timeshare owners make a serious mistake.
They become frustrated with their timeshare and conclude:
“I’ll just stop paying.”
That may eventually result in the timeshare being taken back.
But the Westgate court records demonstrate why an owner should not assume that’s the only possible outcome.
Depending upon the circumstances, there may be collection activity, additional fees, liens, foreclosure proceedings or litigation.
And every owner’s circumstances can be different.
What Prospective Westgate Buyers Should Ask
If you’re sitting in a Westgate sales presentation, don’t only ask what the timeshare costs today.
Ask what happens after the purchase price has been completely paid.
Ask how maintenance fees are determined.
Ask whether those fees can increase.
Ask what happens if someday you can no longer afford them.
Ask what happens if you’re 75 or 80 years old and no longer travel.
Ask what happens if your spouse dies.
And perhaps most importantly:
Ask exactly how you can terminate the ownership if someday you simply don’t want it anymore.
Then ask the salesperson to show you the answer in writing.
Because what happens 10 or 20 years from now may be considerably more important than the incentives being offered to you today.
The Court Records Tell Us Something Important
I didn’t begin this investigation wanting to prove that Westgate sues its owners.
I wanted to find out whether it actually happens.
The answer is yes.
There are documented circumstances in which Westgate has pursued owners who stopped making payments, including litigation seeking money damages. There are also documented circumstances involving liens and foreclosure.
But that does not mean every Westgate owner who misses a maintenance payment will be sued.
That’s not what the evidence establishes.
What the evidence does establish is something every prospective Westgate purchaser should understand before signing:
Stopping payment is not the same thing as canceling your timeshare.
And paying off the purchase price doesn’t necessarily mean your financial obligations associated with the ownership have ended.
Before you buy a Westgate timeshare—or before you decide simply to stop paying one you already own—understand exactly what your contract says and what your options are.
Because as these court records demonstrate, walking away may not be as simple as walking away.