I am asked to appear in the circuit court for an order setting non-jury foreclosure trial and pretrial procedures-

Contact legal aid to discuss the particulars and the possibility of representation.

If you walk away, then the lender will get a default, and you may be responsible for their legal fees as well as a deficiency judgment. I don't handle this area of law--my partners do--but I understand there are ways of addressing this issue rather than walking away. Sometimes, the lenders cannot prove they even own the note.

Before deciding that you simply want to give up and let the bank take your home, you should seek advise from an experienced foreclosure attorney to assess your case.

"Just walking away" is not that simple.it is often the case that if you do that, you could owe a substantial amount for the difference between what the total amount of the loan is now, with all accruals for interest, advances for taxes and insurance, attorneys fees and collection costs, and various other charges. Before you make any decisions, you should consult an attorney who is knowledgeable in this area of law. It might also be advisable to consult a bankruptcy attorney. It may be that you should consider bankruptcy, or it may be that you returning might be able to negotiate an agreement with the plaintiff for you to consent to judgment in return for a waiver of deficiency exposure. Without knowing all of the details, it is impossible to say more. please consult an attorney who can assist you in evaluating the specific details of your situation, and what sort of strategies are in your best interest. I realize that money is a problem for you now, most bankruptcy attorneys and most foreclosure defense litigation attorneys will give you a free initial consultation. It may be that you will need the services of an attorney to get through this with the best outcome, but I assure you that just walking away is not a real option. Deficiency exposure exists if your property is on the water, and sometimes it's a very large number. If the creditor does get a deficiency judgment against you, they can pursue you for that deficiency for 20 years. That is a real problem when it happens, and there are many creditors pursuing deficiency claims, while others are selling the rights to bed buyers who are pursuing them. It would be a big mistake to give up whatever leverage you have right now, by allowing them to get a judgment I didn't uncontested trial, when it might be possible to negotiate a better outcome before that happens. Please see an attorney before you decide.

Contact an attorney that handles both foreclosure defense and bankruptcy. Even if you can't afford whatever fee they will quote, you will get valuable advice.

Your best bet for walking away is to negotiate a consent and waiver of deficiency. Speak to an attorney to assist you

You have options available to you that will make walking away less financially painful. Please seek a consultation with a competent foreclosure defense/bankruptcy lawyer.