Yes, you should speak with an attorney. You don't say what the basis of the bank's lawsuit was. Has the foreclosure sale already occurred? If so, then you don't own the home any more and the bank's lawsuit was probably for "unlawful detainer" to have you evicted. If the trustee's sale has not yet occurred, then I don't know what the lawsuit could have been about. Were you served with a Summons and Complaint? If so, read the Complaint to find out the reason for the suit ("cause of action"). In any case, if the plaintiff in a lawsuit fails to appear, the judge dismisses the case. The dismissal constitutes a final judgment that fully concludes the case. However, you need to look at the order of dismissal to see whether it was "with prejudice" or "without prejudice." If the dismissal was with prejudice, the lender can never file another suit against you based on the same cause of action. If it was without prejudice, the lender can start over with a new action any time before the statute of limitations expires.
Answered on Apr 23rd, 2013 at 1:33 AM