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Fighting Foreclosures Throughout Florida

Leslie Burgk, P.A., is a Florida Foreclosure Attorney that is prepared to help you save your home from foreclosure. If you think you are in danger of losing your home to foreclosure, now is the time to act. Call our South Florida law office today for a free consultation.

You are probably visiting our site because you are facing a foreclosure or have already been served papers stating that the bank or lender is foreclosing on your home. If you have already been served and are on notice that the bank is pursuing a foreclosure please note that in most cases you only have 20 days to respond. What should you do? It really depends on your individual foreclosure matter. For some people, they should hire an attorney that represents homeowners in foreclosure defense. For others, that might not be the best approach. There are other actions that you can take. Please see our page on other options to prevent a foreclosure action.

We offer a free initial consultation. During this meeting we will gather information on your case, while at the same time you will learn more about the process of defending a foreclosure proceeding. After this meeting, we will both have a better understanding of whether we can help and if you feel comfortable with hiring us. There are many times that we will let our potential clients know that we can not be of help to them, or there is a better option than hiring us. It is essential that you feel comfortable with the foreclosure defense attorney that you hire.

Lenders usually file a foreclosure proceeding once a borrower has missed several months of payments in a row. They are looking for one of two results: the first would be that the borrower starts making their payments again. This would be the best outcome for the bank. The other result that could come from a foreclosure proceeding would be that the bank takes possession of the property. While the bank is readily willing to accept this, they are not in the business of buying, selling, or holding property. Their business is to loan money and make interest.

During a foreclosure action the bank or the lender is the plaintiff. As the plaintiff they have the burden of proof. What this means is that they have to prove their entire case based solely on the evidence that is presented. In recent years many mortgages where sold many times over. In many cases, there are situations where the bank cannot find the original loan documents making their foreclosure action very difficult. The lender may also have to prove that all of the proper disclosures were made to the client. During the foreclosure proceeding, the bank might also have to prove that every time the note and mortgage were sold that all of the paperwork was properly transferred. These are several of the hurdles that the bank has to overcome in order to win its foreclosure action.

It has become a misconception that people are powerless over these large banks. We have all seen the collapse of over 100 banks in the past 2 years along with the issues that have faced mortgage giants Fannie Mae, and Freddie Mac. It took over $300 billion of US tax payer dollars to bail out these goliaths. Banks make mistakes all of the time, which make their foreclosure proceedings even harder for the bank to prove. Making mistakes such as not properly recording a mortgage, or losing the original mortgage is one of the many defenses that a good law firm will use to help defend their foreclosure action. This is where hiring an experienced law firm makes the most sense because they have the most experience in looking for these errors committed by the banks.

Florida Foreclosure Attorneys

Mrs. Burgk founded the Law Office of Leslie A. Burgk in 2006. Her experience includes working with a large multi-national law firm in Boston, Massachusetts; a medium sized IP boutique firm in Coral Gables, Florida, and a boutique IP firm in Stuart, Florida.

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Foreclosure Defense

If you are facing the threat of losing your home, a florida foreclosure attorney can help. For a free consultation, call us today!

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Leslie Burgk, P.A., can be reached at both her foreclosure law office in West Palm Beach and her bankruptcy law office in Stuart, FL.

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