My wife and I have owned and occupied a XXXX home property in XXXX since XXXX. In XXXX we experienced a loss of income that caused us to fall behind on our mortgage payments. Our income improved in XXXX and XXXX to the point that we became eligible for potential loan modifications. In XXXX XXXX, after making the XXXX XXXX trial payments, we were approved for, and successfully executed a loan modification agreement with the lender ( Select Portfolio Servicing , Inc. ). In XXXX XXXX our lender sent us a new loan modification application with different terms including a higher interest rate structure in future years, and with no explanation as to why they were sending us the new, and unsolicited application. We called the lender and were told it was probably a mistake. By XXXX XXXX we began receiving notices that we were in default of the original mortgage ( as if the loan modification never occurred ), although we had continued to make all required loan modification payments. We escalated the matter with the lender while continuing to make the required payments until XXXX XXXX because at that point the lender was requiring higher payments than allowed under the existing loan modification agreement, and they threatened foreclosure if we did not pay the higher amount. At that point we began withholding additional payments and have instead held those payments in escrow. In XXXX, the lender alleged for the XXXX time that the original modification was never implemented because of some error in calculating the escrow balance for the account. This is the XXXX time they ever gave us any explanation or indication as to what happened to the fully executed loan modification agreement. The lender is now moving ahead with its plan to foreclose and refuses to honor the terms of the original loan modification executed in XXXX XXXX, through no fault of our own. 
