Do we need a lawyer?

[anynme123]

What is the name of your state? Maryland

We filed for Chapter 7 in 2013 and the mortgage was not reaffirmed. We decided last year to walk away from the house. We stopped making payments and started the foreclosure process.

We received a FINAL LOSS MITIGATION and REQUEST FOR MEDIATION. We're not sure if we should go. We don't want to keep the house, but wouldn't mind staying for as long as we can. We're not sure if they can come after us for a deficiency judgement or taxes when they sell the house. We spoke to a lawyer who was giving us "free" advice. He said that it was unlikely that they would. We don't know whether to trust what this guy was telling us.

Is mediation a good idea?

How much time do we have after Final Loss affidavit if we don't go to mediation?

Should we just get a lawyer to be with us if we do decide to go to mediation?

Also, we have a STATUS conference that is scheduled at the end of August. It says it's for the purpose of determining the status of the pro forma Order, stipulation of dismissal and/or other information supplied by the parties. Are we required to go to this? Should we have a lawyer with us? What even is this?

We've tried to do our research but we are so overwhelmed. Any help is greatly appreciated!

 

[TigerD]

As a general rule: Anytime you ask "Do I Need a Lawyer?"

The answer is yes.

 

[LdiJ]

I think that you should get a consult with the attorney who handled your bankruptcy. The mortgage debt against your personally should have been discharged in bankruptcy therefore the only recourse your lender should have is to foreclose on the property. They should not be able to go after you for any shortage that ends up existing. Your bankruptcy attorney is in a better position to clarify those issues.

 

[ALawyer]

As I'm not a Maryland real estate lawyer or a bankruptcy practitioner I'd certainly want to consult with an experienced bankruptcy lawyer long before the date set by the court for the hearing just to understand what's involved and what, if anything, is likely to happen at the hearing, and what my options might be.