Mediation

Should a homeowner has an attorney during mediation with the lender counsel?
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Answers (2)

William Leigh Wilson

William Leigh Wilson

Contributor Level 3
I am not licensed in Florida, so I do not know the specifics of Florida's mortgage, real estate, and foreclosure laws.

The short answer to your question is yes. Foreclosure issues and lending practices have come under closer scrutiny over the last year. Some courts are holding mortgage holders to stricter standards, but without an attorney you may not know what legal arguments may be available to you. The fees you have to pay such an attorney may be some of the best money you'll ever spend.

Without an attorney with you, the lender is at a definite advantage: the lender's attorney is not obligated to tell you about legal arguments you may have. Similarly, the mediator is most likely not permitted to provide you with legal advice.

I would not let a close friend or family member go to a mediation without an attorney familiar with these issues.
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Joseph Kurt Kaple

Joseph Kurt Kaple

Contributor Level 5
Your question is too vague to allow for an appropriate response. How much would it take to bring your payments current? How much is the home worth? How much do you owe on it? What issues are being mediated? What is the status of any foreclosure efforts?
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