I WAS INVOLVED WITH THIS KIRKLAND YOUNG AND THEY TOOK 1,700.00 DOLLARS OUT OF MY BOYFRIENDS ACCOUNT FOR A LOAN MODIFICATION PROGRAM AND NOW I CAN’T GET AHOLD OF ANYBODY TO TRY GETTING MY MONEY BACK. DO YOU HAVE ANY SUGGESTIONS AS TO WHAT I SHOULD DO?
IS IT POSSIBLE FOR US TO GET OUR MONEY BACK?
I’ve got some bad news. The Federal Trade Commission has recently cracked down on Kirkland Young in a lawsuit including Attorney Aid, David Botton, April Botton Krawiecki and Sammy Botton.
In the suit they allege Kirkland Young and the rest of the misfits included engaged in advertising, marketing, and selling mortgage loan modification and foreclosure relief services.
As part of the scam Kirkland Young would make outbound messages for consumers that said:
We did receive your application for loan modification, and we do understand that you are having issues paying your monthly mortgage payment at this time. We would like to approve you for a loan modification on your current home mortgage. This procedure can help you avoid foreclosure. We do understand times are tough and we would like to work together to achieve a monthly payment that is affordable to you in your current hardship. Please call me.
Kirkland Young represented that they would obtain loan modifications with substantially lower mortgage payments that the homeowner could afford to pay.
The FTC issued a statement that says Kirkland Young had their assets frozen until this matter is resolved.
FTC Continues Crackdown on Mortgage Relief Scams; Three More Defendants Added to Operation Stolen Hope
The Federal Trade Commission, as part of its crackdown on mortgage scams, has charged three more defendants with promoting phony mortgage relief services.
According to court papers filed by the FTC, the three defendants were part of an operation that falsely claimed that in exchange for up-front fees ranging from $299 to $699, it would get consumers’ mortgages modified, lowering their monthly mortgage payments. The defendants also misrepresented themselves as consumers’ mortgage lenders or servicers or their affiliates, in violation of the FTC Act and the Telemarketing Sales Rule. Even though some consumers did receive offers to modify their loans, the offers were not much more affordable than their original payments, the Commission charged. In fact, some of the modification offers required even higher monthly payments.
The FTC added April Botton Krawiecki, her father, Samy Botton, and Attorney Aid, LLC to the list of defendants in one of the operations targeted in the crackdown, known as Operation Stolen Hope. The Commission initially charged Kirkland Young LLC and David Botton (Samy Botton’s son) with deceptively marketing mortgage relief services. A federal court subsequently froze their assets and halted the operation until the case is resolved. – Source
That’s both good news and bad news. In the short run it is doubtful you are going to get anywhere with Kirkland Young. The good news is that if Kirkland Young has not already absconded with the money it may be froze in their accounts.
A receiver has been appointed by the courts to take over the activities of Kirkland Young.
The Receiver appointed in this case, Mark F. Raymond, Esq. has established this website to keep customers advised of the progress both of the Receivership and of the litigation surrounding the Federal Trade Commission’s lawsuit against Kirkland Young, LLC and its owners. It will provide frequent updates and answer questions regarding the progress of the case.
This website will not provide you with legal advice. You may wish to contact an attorney for further information about these proceedings.
Welcome to Kirkland Young LLC. On November 19, 2009, The Honorable Alan S. Gold, United States District Court Judge for the Southern District of Florida entered an Order appointing Mark F. Raymond to act as Temporary Receiver for Kirkland Young, LLC and David Botton, its Managing Member. The Receiver is charged with temporarily managing Kirkland Young LLC and with taking other actions required by law and by the Court’s Order. A copy of the Court’s Order to Show Cause and Ex Parte Temporary Restraining Order and Asset Freeze issued against Kirkland Young LLC is here.
We appreciate your patience and in the interim ask that you contact us by e-mail at Receiver@kirklandreceiver.com.
Mark F. Raymond
Message from Receiver
January 11, 2010
On January 6, 2010, the Honorable Judge Alan Gold entered an Order extending the Court’s November 19, 2009 Temporary Restraining Order and Receivership to apply to Defendants Samy Botton, April Botton Krawiecki, Attorney Aid, LLC and ABK Consultants, Inc. The TRO and Receivership Orders will remain in effect until further order of the Court.
The Preliminary Injunction hearing previously set for January 11, 2010 was also continued until further order from the Court. See copy of the Order here.
The Receiver and his staff have spoken with nearly all current customers in the past month. If you have not spoken with us please send us an email setting forth any questions you have and the best time for us to reach you. E-mails should be addressed to Ms. Diane Ellis at Dellis@loanmodprocessing.com with a copy to the Receiver at Receiver@kirklandreceiver.com. Please be advised that we are working diligently to close as many modifications as possible as soon as possible. However, our ability to close out pending loan modifications remains dependent on customers timely providing the Receiver’s staff with information requested by the lenders. Therefore, your continued cooperation is greatly appreciated.
Mark F. Raymond, Receiver