Real Estate Law
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I am sorry you are dealing with this situation. While in modification foreclosure is suspended, the reality is this does not always happen and unfortunately leaves the homeowner without recourse.
It is possible the there is lack of communication between the modification/loss mitigation and the foreclosure. A homeowner must be their own advocate and assure that the foreclosure is being postponed while modification is being processed. Every communication should be document (i.e. send out a written memorandum of the phone conversation) and any promises or assurance by any agent of the bank needs to be in writing.
In short while a foreclosure should not occur it happens and is possible. The loan modification process is imperfect and does not automatically stay foreclosure even though it is intended to do so.
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