Kirkland Young – FTC Says Company Lied in Marketing Loan Modifications

Kirkland Young and its manager allegedly misrepresented themselves as consumers’ mortgage lenders or servicers or their affiliate. The firm is believed to be owned by a David Botton of Miami, Florida.

The company left telephone messages for consumers stating that they wanted to approve the consumers for a loan modification. By telephone, they discussed specific interest rates and monthly payments and promised that they would stop foreclosure. The complaint alleges that they failed to keep their promises to obtain loan modifications to make payments more affordable. At the FTC’s request, the court ordered a halt to the unlawful operations and froze the defendants’ assets, pending resolution of the case.

The Commission vote to file the complaint was 4-0. The complaint was filed in the U.S. District Court for the Southern District of Florida.

Federal Trade Commission v. Kirkland Young, LLC, a limited liability company, David Botton, individually and as a manager of Kirkland Young, LLC.
(United States District Court Southern District of Florida)
Civil Action No. 09-CV-23507
FTC File No. 092 3162

November 24, 2009

November 24, 2009

• Order to Show Cause and Ex Parte Temporary Restraining Order with Asset Freeze and Other Equitable Relief
• Plaintiff Federal Trade Commission’s Memorandum of Law in Support of Emergency Motion for Ex Parte Temporary Restraining Order with Asset Freeze and Other Equitable Relief and Order to Show Cause Why a Preliminary Injunction Should not Issue
  • Attachments A-D
• Complaint for Permanent Injunction and Other Equitable Relief
• Order Unsealing Case
• News Release

Kirkland Young
FTC – Chris M. Couillou,
Southeast Region
404-656-1353

The FTC asks people to report foreclosure rescue and mortgage modification scams to FTC.gov or by calling 1-877-FTC-HELP. The FTC makes those complaints available to federal, state, and local law enforcement through the Consumer Sentinel Network.

NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. A complaint is not a finding or ruling that the defendants have actually violated the law. Stipulated court orders are for settlement purposes only and do not necessarily constitute an admission by the defendants of a law violation. Stipulated orders have the full force of law when signed by the judge.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,700 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.

Known websites: http://www.kirklandyoung.com/index.php

Known Complaints: Kansas AG

The case file cited below relates to a civil — not a criminal — investigation. The existence of an investigation does not constitute proof of any violation of law.

MyFlorida Legal: Case: L09-3-1154

Subject of investigation:
Kirkland Young, L.L.C.

Subject’s address:
2915 Biscayne Boulevard, Suite 303 Miami, Florida 33137 

Subject’s business:
Loan modification, foreclosure rescue

Allegation or issue being investigated:
Charging up-front fees in violation of 501.1377

Tagged as: david botton, kirkland young, loan modifcation scams, Loan Modification