It sounds like there may be some problems with this foreclosure. You should consult with a foreclosure defense attorney to see what your rights are. If this is one of the big five mortgage servicers, then they really shouldn't be foreclosing during the loan modification process. Under SC law, you only have 30 days from the date you were served with the papers to respond, and it would be best that you hire an attorney quickly to preserve your rights to respond. It may be possible that they can pursue a foreclosure if their name is not on the original note, but that would depend on whether the note has been properly transferred to them, which will require legal analysis by an attorney trained in the UCC.