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
- 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
Related News
{ 10 comments… read them below or add one }
They also operate under another company name Legal Assist http://www.loanmodprocessing.com, I dont know is they know about this I would bring it to their attention. They pretend they work for attorneys when in fact they dont. It is just an exuse to collect upfron fees thelawyers are not the one who get the business their telemarlketers do
I a m a client for a modification loan and would like to know what im going to do now, please help me understand on wat im to do my wife and i are worried sick over this. thank you
we were clients of them and we been leaving messages and sent e-mails, what do we need to do now? should we contact the mortgage company ourself or wait until we get a call back from somebody in that office? please advise.
Why has change so many wiyh lie’s to help
when people have money touble with job lost and everything
I NEED HELP
I am currently going through this company. Need to know who to contact regarding my money in escrow.
I also am currently using this company to assist in my modification. I need to know who should I contact regarding my money in escrow.
Kirkland Young assited us for our loan modification they also holding our money for escrow account .I need to know who I should contact regarding my money in escrow.
I have been working with Kirkland young since April 2009 they have escrowed my money April – Nov 2009 and now it is Froze. My modificfation is still not complete. When will the funds be unfroze. Thank you. Should I get a lawyer?
I have been working with Kirkland young too. They withdrew tons of money from my personal account with the claim that my loan was re-modified. Now i am in foreclosure I need help……I need to know what to do now. No one is returning my calls or emails. I feel so sick! My life’s work and earnings down the drain!!
I feel everyone’s pain here. I was dealing with my loan co. trying to get what they call a hardship program started to help me with payments.I was told by a representative at the loan Co.that I didnt qualify for a hardship program but that I did qualify for a loan modification.And that he would have someone get in touch with me about it.Few day’s pass I had heard from no one but then I got a call from a man who said his name was Roger Jenkins from kirkland & Young and he had all the info about who my loan was with and that I was looking to do something because of I was getting behind.I was not contacted by anyone else reguarding the matter I had discussed with the agent from my loan Co. therefore I was left to believe that he gave my info. to Kirkland & young therefore I figured they must be legitimate.But they just had someone on the inside working for them I would have to guess.I was ripped off for about $17.00.00 before I told my brother about what I was doing about my house payments and he said I had better be carefull it sounds like a scam and I called my loan Co. and they said they didn’t know who Kirkland & Young even were.And that they would help me with a loan modification themselfs for free.