You should have a Motion to Cancel the Foreclosure Sale filed immediately. It is improper under the terms of the Attorney General Settlement for a mortgage servicer to proceed with a mortgage foreclosure while an application for mortgage modification is pending. You should consult with an experienced real estate attorney in your area to assist you in this regard.
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I agree with my colleague. You should file a Motion to Cancel the Sale ASAP and set it for hearing. Note that just filing the motion won't get you anywhere. You have to set it for hearing and obtain an order cancelling the sale. You may also want to consider retaining an attorney to help you with this and with the modification. Often times, attorneys get better response rates from the banks than borrowers do. Best of luck!
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