Existing Contract

Does any one have deed or list of what they typed in the gratuitous family transfer deed?

thanks..

Process is finally complete. I would like to thank all of you for the input and advice on how to add my spouse to contract. It only cost me $46.20!!:cool1::cool1::thumbsup2
 
I searched DVC deeds on Orange County website. I found several I searched DVC deeds on Orange County website. I found several deeds filed by First American Title (Disney's preferred company). It took me about an hour researching. I used those deed in typing up my own.
 
just spoke with DVC. Apparently they now accept a copy of the recorded deed via email. Can pull this from the comptroller's website so once your new deed is recorded, you can complete the rest of the process digitally.
 
I’m trying to transfer my Aulani contract to my sister. I’m having trouble completing the generic quitclaim form I found online as it’s asking the address where the new property tax forms should be sent too. I tried searching a recorded Hawaii Quitclaim deed but their search methods are very limited. Does anyone here have experience with transfer of Aulani property? TIA!
 


I’m trying to transfer my Aulani contract to my sister. I’m having trouble completing the generic quitclaim form I found online as it’s asking the address where the new property tax forms should be sent too. I tried searching a recorded Hawaii Quitclaim deed but their search methods are very limited. Does anyone here have experience with transfer of Aulani property? TIA!
I wouldn't do it myself for HI, too complicated for me there. You might look at existing deeds there including your own. You could contact DVC on that info also.
 
just spoke with DVC. Apparently they now accept a copy of the recorded deed via email. Can pull this from the comptroller's website so once your new deed is recorded, you can complete the rest of the process digitally.
can confirm that sending recorded documents via email is now accepted by DVC
 
Does anyone know if a contract is owned in a trust, if a spouse of the trustee would be eligible for a discounted AP if living in the same household but not a part of the trust? My husband and I own our contracts in a trust. Our adult children travel with us all of the time but are not able to get discounted tickets. We were thinking of taking a couple of our contracts and adding our daughter's trust to one and our son's trust to another and wondered if our daughter in law would be able to have the benefits without being on the contract.
 


Does anyone know if a contract is owned in a trust, if a spouse of the trustee would be eligible for a discounted AP if living in the same household but not a part of the trust? My husband and I own our contracts in a trust. Our adult children travel with us all of the time but are not able to get discounted tickets. We were thinking of taking a couple of our contracts and adding our daughter's trust to one and our son's trust to another and wondered if our daughter in law would be able to have the benefits without being on the contract.
I suspect that only the trustees would receive member id cards and only those with cards are directly eligible for member benefits. An eligible member can purchase DVC priced annual passes for members of their immediate household (adults will need to show photo id showing proof of same household).
 
Erionm....


That's what I was thinking of would be for my son to be able to purchase DVC annual passes for his family (living in his household)
 
Thank you everyone - especially LaNina72 - for this extremely helpful information! I am a faithful reader of the disboards but registered specifically because I wanted to add to this discussion. I am in the process of adding names to my deed and discovered you MUST send a Documentary Stamp Tax Explanation Form "When a customer submits a document for recording and pays either no doc stamps or minimal doc stamps ($0.70), you will be asked to complete a copy of the Comptroller Documentary Stamp Explanation Form, which is attached." This should be part of Step 6 sent with your warranty deed, waiver, and check. Here is the link to a .pdf with form attached:

http://occompt.com/wordpress/wp-content/uploads/2012/04/Doc Stamp Explanation Pilot - Web.pdf

Can we sticky this link to step 6?
 
I've tried to follow these steps to do a gratuitous transfer adding my adult daughter to one of my contracts - so well laid out by LaNina72, but I've received my documents back from the OCC twice asking for different information that is already included. The frustrating thing is, when I call, the lovely woman who answers tells me I'm fine. I'm ready to just suck it up and pay a title company!
 
Bonnie - how frustrating! Can you elaborate on what information they are being so picky about? I'm ready to send my package to them as soon as I receive my waiver from Disney and would like to avoid any pitfalls. TIA!
 
I've tried to follow these steps to do a gratuitous transfer adding my adult daughter to one of my contracts - so well laid out by LaNina72, but I've received my documents back from the OCC twice asking for different information that is already included. The frustrating thing is, when I call, the lovely woman who answers tells me I'm fine. I'm ready to just suck it up and pay a title company!
The usual issues are that it has to meet the Florida code for deeds which includes the 2 by 2 inch blank, has to have 2 witnesses PLUS the notary and the doc stamp form/fee has to be submitted. The notary doesn't count as the witness unless they also sign in the witness spot. The other issue is that the ROFR and deed count as separate forms so two first page charges and 2 additional page charges, 2*$10 and 2*$8.50 last I looked.
 
The usual issues are that it has to meet the Florida code for deeds which includes the 2 by 2 inch blank, has to have 2 witnesses PLUS the notary and the doc stamp form/fee has to be submitted. The notary doesn't count as the witness unless they also sign in the witness spot. The other issue is that the ROFR and deed count as separate forms so two first page charges and 2 additional page charges, 2*$10 and 2*$8.50 last I looked.
here's the easiest way of doing the check. call and tell them exactly what is being sent and they will tell you how much your need to send.
 
here's the easiest way of doing the check. call and tell them exactly what is being sent and they will tell you how much your need to send.
Sure but the poster I quoted were getting rejected, I was trying to help to figure out where their issues were but also for others to understand some common issues.
 
The usual issues are that it has to meet the Florida code for deeds which includes the 2 by 2 inch blank, has to have 2 witnesses PLUS the notary and the doc stamp form/fee has to be submitted. The notary doesn't count as the witness unless they also sign in the witness spot. The other issue is that the ROFR and deed count as separate forms so two first page charges and 2 additional page charges, 2*$10 and 2*$8.50 last I looked.
Thanks for your input. I actually have all that you list - and submitted it with a check for the correct amount (as per the OCC office). This time, they ignored the very obvious notary stamp, saying I needed it. The OCC doesn't seem to understand that it is gratuitous and want the deed done as if I'm purchasing directly from DVD. i think my biggest issue is that I get conflicting responses from them. i really wanted this done in time for our September trip - I've already purchased the DVC special Platinum Pass for her! I guess I can convert it to another AP if this doesn't work out.
 
Thanks for your input. I actually have all that you list - and submitted it with a check for the correct amount (as per the OCC office). This time, they ignored the very obvious notary stamp, saying I needed it. The OCC doesn't seem to understand that it is gratuitous and want the deed done as if I'm purchasing directly from DVD. i think my biggest issue is that I get conflicting responses from them. i really wanted this done in time for our September trip - I've already purchased the DVC special Platinum Pass for her! I guess I can convert it to another AP if this doesn't work out.
I don't why they would care other than as it applies to the doc stamp amounts. I've seen them record deeds that didn't meet the FL requirements but have DVC reject them. You might try emailing rather than calling, you'll likely get a more knowledgeable person. I doubt you'll get this completed prior to early Sept. Once it's recorded copy it off the OC website and send it right away, don't wait to get the paper copy back.
 
Due to Florida law, the contract ultimately becomes property of the last living owner. If a family wants their kids to inherit the contract, they may never see it if Uncle Bill is the last surviving deeded owner.

So, that bears the question.. What does happen to DVC if both my wife and I pass away and we have a will? Do my son/daughter get DVC at that point? I think the will is written that they get everything 50/50.. House/DVC/etc.... I do not have in the will specifically about DVC. Just all assets split 50/50...
 
So, that bears the question.. What does happen to DVC if both my wife and I pass away and we have a will? Do my son/daughter get DVC at that point? I think the will is written that they get everything 50/50.. House/DVC/etc.... I do not have in the will specifically about DVC. Just all assets split 50/50...
Interesting. It should depend on how the deed ownership is worded. I thought that ownership passes to the survivor automatically only if the deed was listed as "joint tenants with right of survivorship". In a deed listed as "tenants in common" unless the deceased individual's will specifies that his or her interest in the property is to be divided among the surviving owners, interest belongs to his or her estate. I can't believe FL law would supercede these legalities.
 
Interesting. It should depend on how the deed ownership is worded. I thought that ownership passes to the survivor automatically only if the deed was listed as "joint tenants with right of survivorship". In a deed listed as "tenants in common" unless the deceased individual's will specifies that his or her interest in the property is to be divided among the surviving owners, interest belongs to his or her estate. I can't believe FL law would supercede these legalities.
this is correct. I am not an expert in the DVC contract, but I do know that many Time Share contracts state that if all the listed owners pass away, the deed reverts back to the company rather then passing to the surviving members of the family regardless of the presence of a will.

To be safe, you should add your children to the deed, or put the time share into a trust. Both of these avenues would ensure that ownership stays in the family should the parents pass away.
 

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