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2/9/2012
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.
Receiver's Updates
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Message from the Receiver
June 10, 2011
We are pleased to advise you that the Receiver is in the process of issuing hundreds of checks to former Kirkland Young customers. In fact, numerous checks were mailed yesterday and more will go out everyday until the job is completed. We expect to have all checks mailed by June 17, 2011.
Thank you again for your continued patience.
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Message from the Receiver
June 3, 2011
The Receiver has received numerous telephone calls and e-mails from customers asking about the status of their claim and refund check. Please note that the Receiver and his staff are working diligently to expedite this process as quickly as possible. However, given the volume of customer claims, the Receiver cannot provide customers with a specific date on which they will receive checks in the mail. Therefore, we kindly ask that you continue to check this website for frequent updates regarding this process. If you have specific questions, please send the Receiver an email at the address listed below. Thank you.
Electronic mail: Receiver@kirklandreceiver.com
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Message from the Receiver
May 24, 2011
The Receiver has completed his proposal to return all escrow funds in the possession of the receivership to consumers who provided funds in connection with their purchase of loan modification services through Defendants Kirkland Young and Attorney Aid, LLC, as required by paragraph VI.E.1 of the Court's April 6, 2011 Stipulated Final Order for Permanent Injunction and Settlement of Claims [DE 208]. The Receiver anticipates that he will begin the process of preparing and mailing refund checks to consumers within the next 10 business days. We appreciate your patience in this matter.
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Message from the Receiver
March 16, 2011
The Federal Trade Commission has been actively negotiating a settlement of this matter with all of the individual and corporate defendants. The Federal Trade Commission's counsel has submitted a proposed final order along with a formal recommendation to the FTC Commission seeking its review and approval. See Notice that was filed on February 24, 2011. Once this settlement is finalized and approved by the Court, the Receiver will file the appropriate motions with the Court to propose a distribution process and for authorization to disburse funds pursuant to the proposed distribution process. The Receiver estimates that he can begin distributing these funds within 45 to 60 days of a Court approved settlement agreement and proposed distribution process. We remain hopeful this will occur in the next few weeks.
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Message from the Receiver:
November 1, 2010
The Receiver and his staff continue to work through the claims process. To date, the Receiver has advertised the claims process nationally, mailed out 1,798 Proof of Claim forms and in addition e-mailed more than 3,065 Proof of Claim forms to all known customers, creditors and third parties. To date, we have received nearly 1,000 Proofs of Claim. Shortly, the Receiver will renew his request to the Court to establish a Claims Bar Date so that he can recommend to the Court the most appropriate method of distribution of Receivership funds to claimants. In the meantime, we encourage all customers and creditors of the Kirkland Young and its affiliated entities to submit your claim forms as soon as possible if you have not done so. Thank you.
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Message from Receiver
October 27, 2010
Receiver files Third Report and Second Interim Application for Allowance of Fees and Expenses. A copy of the Receiver’s Report can be found here.
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Message from the Receiver
July 6, 2010
The Court has approved procedures for the Receiver to begin administering a claims process for customers and creditors who may be eligible for a distribution from Kirkland Young, LLC or its related entities, including Michael Botton, P.A., RMG Law PLLC, Brian Rokaw P.A. and Attorney Aid, LLC.
CLICK HERE TO DOWNLOAD THE CLAIM FORM
For additional information relating to the claims process click here.
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Message from the Receiver
May 21, 2010
On May 20, 2010, following a hearing on the Receiver's Emergency Motion for Instructions for Winding Down the Business Operations of Kirkland Young, LLC, the Honorable Judge Alan S. Gold directed the Receiver to continue assisting Kirkland Young customers with their mortgage modifications. To expedite this process and to minimize any further injury to consumers, the Receiver will continue to assist only those consumers whose applications for mortgage modifications are under review by their lender or at a processing stage where they will soon be completed and ready for submission to their lender for review. The remaining consumers whose files are at an earlier processing stage will have their files returned to them so that they may continue the mortgage modification process on their own. The Receiver's staff will be contacting these customers shortly to discuss the status of their file and to make the appropriate arrangements for returning their files. In all cases, any funds previously paid by customers to Kirkland Young, and which are under the control of the Receivership will be distributed pursuant to a court-approved claims process.
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Message from Receiver
May 21, 2010
On May 20, 2010, the Receiver filed its Reply in Support of Motion to Distribute Proofs of Claim and Establish a Claim Bar Date. A copy of the Receiver’s Reply can be found here.
Also on May 20, 2010, Defendants, David Botton and April Botton Krawiecki, filed their Response to Receiver’s Motion for Instructions Concerning the Winding Down of Kirkland Young, a copy of which can be found here, and their Objections to Receiver’s Motion for Authorization to Distribute Proofs of Claim and Establish Claims Bar Date, a copy of which can be found here.
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Message from Receiver
May 20, 2010
On May 19, 2010, the Receiver filed its Reply Pursuant to Court’s Order dated May 12, 2010. A copy of the Receiver’s Reply can be found here.
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Message from Receiver
May 18, 2010
On May 17, 2010, the Federal Trade Commission filed its Response to the Receiver’s Emergency Motion Concerning Winding Down of Kirkland Young, LLC. A copy of the FTC's Response can be found here.
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Message from Receiver
May 14, 2010
Receiver files Second Report and First Interim Application for Allowance of Fees and Expenses. A copy of the Receiver’s Report can be found here.
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Message from Receiver
May 11, 2010
Earlier today, the Receiver filed an Emergency Motion for Instructions Concerning the Winding Down of Kirkland Young, LLC. A copy of the Receiver’s Motion is here.
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Message from Receiver
May 10, 2010
Earlier today, the Federal Trade Commission filed its Response in Opposition to the Receiver's Motion to Distribute Proofs of Claim and Establish a Claim Bar Date. A copy of the FTC's Response can be found here.
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Message from Receiver
May 5, 2010
On May 5, 2010, the Receiver filed his Motion for Authorization to Distribute Proofs of Claim and Establish Claims Bar Date. A copy of that motion can be found here. The Receiver's motion seeks permission from the Court to distribute Proofs of Claim Forms to customers and creditors of the Receivership Entities.
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Message from Receiver
February 18, 2010
Attention Kirkland Young Employees:
If you would like to reclaim any of your personal items from the Kirkland Young office, please contact Gisela Fasco at (305) 373-9419. Appointments are being scheduled for February 25, 2010 and February 26, 2010 between the hours of 2:00 p.m. and 5:00 p.m. Only those employees with appointments and a picture ID will be permitted to enter the office.
Sincerely,
Mark F. Raymond
Temporary Receiver
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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
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Message from Receiver
December 22, 2009
The Federal Trade Commission's request for entry of a Preliminary Injunction against Defendants Kirkland Young, LLC and David Botton was continued until January 11, 2009. Judge Gold extended the terms of the November 19, 2009 Temporary Restraining Order and Asset Freeze until the next hearing date. What does this mean to you as a consumer? Specifically, Mark F. Raymond will continue to serve as Temporary Receiver for Kirkland Young, LLC . In that role he, along with his attorneys, and accountants are investigating the operations of Kirkland Young LLC and have secured all of the escrow accounts, among other actions.
Please be advised that on December 11, 2009, the Federal Trade Commission filed an Amended Complaint adding April Botton Krawiecki, Samy Botton and Attorney Aid, LLC as defendants in this matter. A copy of the Amended Complaint can be found under the "selected court filings" link above.
The Receiver and his staff are working very hard to return all customer calls as quickly as possible. PLEASE NOTE: As a matter of priority, those Kirkland customers with sale dates that are pending within the next 3-4 days, be advised that we are working diligently to contact your lender to get those sale dates extended. Those customers with sales dates beyond this 4-day period, we will be contacting you directly with additional information once it becomes available.
Those who are calling regarding your escrow accounts, PLEASE BE ADVISED there is no need for you to call this week as we have frozen the accounts and there are to be no further debits to your bank accounts or credit cards to make additional escrow deposits.
Thank you for your continuing patience during these difficult times. Rest assured that we are taking every step possible to safeguard your funds and to determine what else can be done to assist you.
If you have questions regarding the status of your loan modification please send us an email so we can have our team investigate your individual questions and we will then call you.
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Message from Receiver
December 1, 2009
Yesterday's hearing on the Federal Trade Commission's request for entry of a Preliminary Injunction against Defendants Kirkland Young, LLC and David Botton was continued until December 30, 2009. Judge Gold extended the terms of the November 19, 2009 Temporary Restraining Order and Asset Freeze until the next hearing date. What does this mean to you as a consumer? Specifically, Mark F. Raymond will continue to serve as Temporary Receiver for Kirkland Young, LLC . In that role he, along with his attorneys, and accountants are investigating the operations of Kirkland Young LLC and have secured all of the escrow accounts, among other actions.
The Receiver and his staff have received over 1,000 phone calls. Please be patient and know that they are working very hard to return all customer calls as quickly as possible. PLEASE NOTE: As a matter of priority, those Kirkland customers with sale dates that are pending within the next 3-4 days, be advised that we are working diligently to contact your lender to get those sale dates extended. Those customers with sales dates beyond this 4-day period, we will be contacting you directly with additional information once it becomes available.
Those who are calling regarding your escrow accounts, PLEASE BE ADVISED there is no need for you to call this week as we have frozen the accounts and there are to be no further debits to your bank accounts or credit cards to make additional escrow deposits.
Thank you for your continuing patience during these difficult times. Rest assured that we are taking every step possible to safeguard your funds and to determine what else can be done to assist you.
If you have questions regarding the status of your loan modification please send us an email so we can have our team investigate your individual questions and we will then call you.
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Message from the Receiver
November 24, 2009
Attention Kirkland Young LLC Customers:
Thank you for all of your recent calls. In the past 48 hours we have received over 800 telephone calls from fellow customers inquiring about the status of their escrowed funds, the refund of fees and other matters. Please be advised that funds held in Kirkland Young's accounts, including escrow accounts, have been frozen pursuant to a Federal Court Order entered on November 19, 2009. We have instructed LST Financial, Inc. that no additional money is to be withdrawn from any accounts of persons doing business with Kirkland Young pending further order of the Court.
Those customers that have any questions regarding the status of their loan modification should contact their lenders directly.
Mark F. Raymond
Temporary Receiver
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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.
Sincerely,
Mark F. Raymond
Temporary Receiver
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