This they can not do because everything is tied to the exact same Ground Lease. So there isn't a differentiation between before and after 2042 and never could be. For all intent and purpose the resort and all points go to 2057 with the same terms. Some owners decided to pay the special assessment to get the points until 2057, some owners signed their ownership back to DVC after 2042, and some owners did neither hoping they get a free extension to 2057, which might be likely because they haven't levied a lien on any property yet like they claimed.
We will likely see DVC at some point get even more aggressive buying OKW back to convert them to 2057 to prevent this from happening on a large scale I'm guessing.
No they are hoping that DVC can't take the points away from them in 2042 and they have the points until 2057 (if they didn't sign the rights back to DVC after 2042 or didn't buy the extension) because the contracts are tied to the ground lease and the ground lease was extended. DVC was/is a very difficult spot with this extension. The question really will be could DVC ever have charged for the extension, that is what these owners are ultimately going to test.
Here is how i look at it. The original Deed was set to expire in 2042. That is what the owners bought. However, keep in mind, it is not really a Deed. It is a LEASE. Disney, unilaterally, decided to extend the lease to 2057 (15 years). In order to do that, they had to extend ALL the 'deeds' (leases), since various contracts are for a portion of points out of a particular unit. If you extend the deed on the unit, it must encompass the entire unit. However, and this I think is a big thing,
Just because they extend the deed lease does not mean that you have the right to have or use that extended deed. Your original contract clearly stated that your interest in the unit expired in 2042. In truth, you do not really have a real DEED the way most people think of it. You do not OWN any property. You only own an 'interest' in a property but the actual property is itself owned 100% by Disney. You have the right to use that property, in certain ways, specified in your 'deed,' for the period of time specified in your deed.
Disney, then, in essence said, "If you want to use this extended time frame, then you must pay us a certain (fixed) amount of money, per point." Then, to clarify things, they asked everyone who did not pay for the extension to sign a Quit Claim deed specifying that they gave up all rights to use it after 2042. As far as I am concerned, this is just housekeeping. To make things CLEAR for people. In reality, if you did not pay the extension, then you do not have ANY RIGHT WHATSOEVER to have or to use the property, after 2042. And, since Disney controls the reservation, booking and trading system, GOOD LUCK trying to schedule something with points that you do not own, after that 2042 date. It aint happenin'. And I can just see you going to court to try to 'compel' Disney to let you use it:
OWNER: "Your honor, I want to book a vacation at a resort that I own, but Disney won't let me. Please make them let me."
DISNEY: "Your honor, this person does not have any rights, ownership or interest in this property. At one time, they purchased a contract which specified that they could use it until 2042. We decided to change the length of time they could use it, IF they paid additional money. They did NOT pay the additional money. Therefore, their contract expired in January 2042. They no longer have any rights in this property."
JUDGE: "Mr Owner. Are you saying that you purchased a contract that expired in January 2042, and that this contract allowed you to use property, owned by Disney, until that date, and that you have done this, and used the property? But now, because Disney decided to extend the length of the right to USE period to some people, because those people paid extra money for it, that YOU think that YOU TOO should be able to use it, even though you have not paid for it? And even though you bought, knowing it expired in 2042? GET OUT OF MY COURT!"
Disney could get aggressive and start pushing people to pay, or get out. But they don't need to. All they need to do is wait, and then just laugh when you try to book. THEY are not the ones who are going to look bad here.