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Report: #454467

Complaint Review: Baker, Kennedy & Associates - Boca Raton Florida

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  • Baker, Kennedy & Associates 1489 Palmetto Park Road Suite 494 Boca Raton, Florida U.S.A.

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I retained this firm back in Nov after I had contacted the national hope line and was out of options at a cost of $695.00 up front,(wich was deducted from my bank and it went to a take two enterprises WHAT why not baker kennedy and associates????) to work out a modification of my mortgage with my bank. I heard about this company through a friend at our church and I checked out their web page and I seen the BBB seal on their. Later I contacted the BBB and found out that they are not actualy affialiated with them, but that was one of my main reasons for retaining this company.

I provided Baker Kennedy and Associates all my financial information, tax returns, W2's, hardship letter, copies of banking statements, etc. I was told by Solomon not to contact my Lender directly, for that is what I hired them for and I could rest better at night now, and if anything came via mail from my lender FIRST FRANKLIN to fax it promptly over to them.

Shortly after hiring them I received my foreclosure papers by a cop and I had 20 days to respond to them or I would go in to default. I promptly faxed the papers to Baker Kennedy and Associates. I checked my local public records page clerk.org to see if Baker Kennedy and Associates had responded and they had not I went into DEFAULT! I then received a court date of April 1, 2009 to go to the final judgement and forecloser hearing, I faxed that paper to Baker Kennedy and Associates and they informed me that they would have my loan modified by the April 1 court hearing or they would ask for a extension, or someone would come up from Boca Raton FL and go to court with me. Well I thought that they were all Lawyers until the day I went to court and I handed the judge Randy Baker typed up asking for 90 more days on the final judgement and the judge asked why no one from their office came with me and what their bar number was and I couldn't provide him with anything because they were not lawyers, and the kicker was that the judge said he has never seen a portion of the loan be forgiven to the real market value and if I was able to have this done then do come back to him!

As time passed Solomon said that by April 20th this matter would be complete, it was one lie after another I called on or about the 23 of April and he said the bank did not offer what we wanted and it would be longer, let me remind you I now have a June 3rd sale date on my house. I started to get really scared so I called my Lender First Franklin and I asked them where we were at and the last time they talked to Baker Kennedy and Associates, they said they had never talked to them, and the only thing they had ever received from them was a form giving Baker Kennedy and Associates premission to talk to my Lender on my behalf that was faxed to them back in Nov 21 and if had expired! I talked to a lady who was handling my loan from my lender and she does not know why people hire these third party companies for their is nothing they can not do that we can not do for our selves!

Needles to say I contacted Baker Kennedy and Associates and asked for a refund only of the $1000.00 escrow payment I gave them at that point I was not worried about the other $695.00 I had already given them I gave them 1 week to return and they didn't they had their negotiator Erin call me and promise me that she would fax over transcripst from my Lender of who she talked to she didn't and then I asked for a full refund of $1695.00 a week later and received nothing. When I asked them about it they said did you read your contract that first escrow payment is ours to keep for what we have done for you, I said,"well that is wonderful because you guys have done nothing for me so give me a full refund my lender is sending me a paper that shows you have done nothing!!"

I turned them into the BBB & Attorney General of Florida & Action 9!!! I just dont want them to be able to do this to anybody else!!!

Anonymous
none, Florida
U.S.A.

This report was posted on Ripoff Report on 05/22/2009 12:25 PM and is a permanent record located here: https://www.ripoffreport.com/reports/baker-kennedy-associates/boca-raton-florida-33486/baker-kennedy-associates-loan-modification-payment-reduction-interest-rate-reduction-454467. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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Updates & Rebuttals

REBUTTALS & REPLIES:
0Author
3Consumer
0Employee/Owner

#3 Consumer Comment

Baker, Kennedy Update

AUTHOR: anonymous - (United States of America)

POSTED: Wednesday, January 25, 2012

I apologize for not checking this out earlier.

Baker, Kennedy was dissolved and Randy Baker, Solomon Macari, and Aren Anderton (Mrs. Randy Baker) teamed up with Attorney William T. O'Toole to form another scam operation called Summit Legal Group.

Many people had complained against Baker, Kennedy and the Attorney General's Economic Crimes Division brought an action against them on April 13, 2011.  Subsequently, the Florida Bar suspended O'Toole on July 25, 2011 for"causing great public harm."  After that, the scammers continued to function, calling themselves Take2 Processing.  Ultimately, on October 18, 2011, the AG issued a cease and desist order against each of the non-lawyers including Baker, Macari, and Anderton, specifically naming all of their corporate names.  They are out of the mortgage business.

If you have not already done so, contact Terry Crossen at the AG's office.  Heis trying to get restitution for victims.  His number is 561-837-5000 ext. 123.

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#2 Author of original report

Baker, Kennedy & Associates Loan Modification, Payment Reduction, Interest Rate Reduction, Eliminatie Delinquency, Principal Reduction, Convert to fixed rate & Stop Foreclosure Boca Raton Florida

AUTHOR: Annonymous - (U.S.A.)

POSTED: Friday, July 10, 2009

Everything Baker Kennedy and Associates said in this Rebuttal is a LIE!! When I contacted them I had tried to talk with my mortgage company and I had contacted the national hope line. Baker Kennedy and Associates assured me that I could sleep easier at night and that I was not going to loose my home! Solomon and Randy Baker stated many times my husband and I had nothing to worry about, and that we were not going to loose our home! We were not in the final stages of the foreclosure process for it had just begun 10 months later was the end of the process. I never received conformation on December 29th 08 as they stated from my lender that Baker Kennedy and Associates were working on a modification, and never sent a letter to Baker Kennedy. They stated in this rebuttal that a Mrs Mcgee was working the file in fact their was not a Mrs Mcgee working my file from my lender it was a woman and her name was Deanna V. Solomon told me that the modification was going to be done well before the June 3rd sale date and that we had nothing to worry about and in fact promissed to have it done by April 20th and it wasn't, that was the reason for the many calls to their office on my behalf. I demanded a refund after no modification was done when they said it was going to be done and after getting the run around by a woman named Aron that works for them who promised to get me a transcript of all the times she talked with my lender and she never did, and after I spoke to Frank from my lender who said they had never spoke with anyone from Baker Kennedy and only recieved that paper giving Baker kennedy authorization to talk on my behalf witch was expired. Baker Kennedy keeps saying I vacated the property witch is another LIE I am still at the property and I dealt with the mortgage company on my own and just signed the papers for a modification. I want a FULL REFUND of 1695.00 from this company who did nothing for me!!
Thank-You

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#1 UPDATE Employee

Did Baker, Kennedy do their job? You be the judge. Fair and Balanced: Here are the FACTS:

AUTHOR: Baker, Kennedy & Associates - (U.S.A.)

POSTED: Thursday, June 18, 2009

XXXXXXX retained Baker Kennedy and Associates in November, 2008 to assist in reaching a Loan Modification with her lender. At the time the file was opened with our company, Ms. XXXXXXX was already 4 months behind in making her mortgage payment, and was facing the Final Summary Judgment Hearing in April. The XXXXXXX' were not represented nor had they made adequate effort to negotiate any modified terms with their lender during the first 4 months of the foreclosure proceedings. The time for negotiations with her lender was nearing its legal conclusion, and NO action had been taken on Ms. Hank's part to respond to the Lenders legal claim to recover the property, or to make payment arrangements. Consistent with the legal process of Foreclosure, her lender pursued, through counsel (Butler and Hosch), the exercising of their rights to recover the property in default.

The goal of any modification company is to negotiate a revised agreement, NOT to stop foreclosure or cancel a sale. The lender has its rights to the legal process, it is our company's goal to work within the time available and reach a modification.

It was only when Ms. XXXXXXX realized that she was going into the final stage of Foreclosure that she retained our Company. There is NO legal way to stop a foreclosure proceeding. We focused on rapidly negotiating with the Lender to reach an agreement for repayment of the loan that would allow the XXXXXXX' to remain in the property under revised terms of their loan. Any lender is well within its rights to attempt to recover property when the borrower has defaulted in making scheduled payments. Even though a borrower in default may be actively seeking to modify the loan, and is in discussions with the lender to retain the property, the Lender will always continue with the Foreclosure process until a formal modification Agreement is reached. There is no way to put foreclosure proceedings on hold or to place it in suspension while modification discussions are taking place. There would be a never ending stop/start to the legal foreclosure process as borrowers continued negotiations.

Once retained, Baker, Kennedy gathered documents necessary to conduct modification negotiations with Ms. XXXXXXX lender. The file was completed and submitted to the lender in December, 2008, within 4 weeks of the opening of the file. On December 29, 2008, she received confirmation from her lender that Baker Kennedy was working on her modification. She sent the letter to Baker, Kennedy in mid January. This is verification that Baker Kennedy had submitted the file for modification.

Her Lender, First Franklin, requires 3 weeks to upload documents, 2 weeks to assign a Negotiator. From that point, it can take 3 weeks to speak to the Negotiator, due to the volume of files they are assigned.

Having submitted a complete file to their lender, (First Franklin) Baker, Kennedy awaited the assignment of an Underwriter from the bank. Until such an assignment is made, there is no one at the lender to discuss any terms or to negotiate with. An Underwriter was assigned (Ms. Mcgee) the first week in February. We were notified of this assignment and immediately submitted the file we had put together to her. The underwriter was not prepared to begin discussions with Baker, Kenendy until the third week of February. At this time our negotiator began modification discussions with the lender. By the first week of April, we received an offer for modification. This offer was to reduce her interest rate from 8.1% to 5%, and to waive all 7 months of past due payments (not defer them). Baker Kennedy was getting calls from Ms. Wilson claiming the company had not done anything for her to stop the foreclosure, and cancel the sale of her property.

After several discussions with Ms. XXXXXXX, in April she agreed that Baker Kennedy should finalize the Agreement with her Lender to modify the loan and allow them to remain in the house. Concurrent with this agreement from her, she began demanding a refund, and to cancel our services. In speaking with her husband, and co-mortgage holder, Mr. XXXXXXX, he agreed that if we would finalize the Modification with the lender very quickly and avoid the sale of the property scheduled for June 3 that he would prefer to do that.

Regular communication with both Ms. And Mr. XXXXXXX was held, as the negotiations were nearing the end, and a final offer was being prepared by the lender for the review and approval of the XXXXXXX'. Despite daily updates provided to the XXXXXXX', Ms. XXXXXXX continued to demand cancellation of the contract, and a full refund. Mr. XXXXXXX advised the company otherwise. He was nearing the end of his patience with the process, but asked that Baker, Kennedy get him an agreement; quickly.

While a Modification Agreement was being finalized by the Lender, Ms. XXXXXXX notified Baker, Kennedy that she wanted the company to immediately stop working on their file, and to no longer represent them in discussions. They had decided to abandon the property and not to seek a modification any longer.

Baker Kennedy abided by that decision to cancel services and notified the Lender to withdraw the request for modification, and informed them that the property was being vacated.

The company has met each of it's obligations under the Retainer Agreement in place between the parties, and is under no obligation to provide a refund.
a.) The work was performed, the clients were represented in discussions with their lender,
b.) an agreement was reached that would allow them to remain in their home under favorable terms,
c.) the cost of these services is less than the market rate,
d.) The Agreement is clear on how Baker Kennedy is to be paid for Modification services, and how Professional charges will be applied for work performed on behalf of our clients, and in the event of a cancellation.

Should you have any further questions, or need additional information relative to their claim, please contact me at any time.

Regards;

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