According to a recent court case, perhaps you can. In an opinion filed August 13, 2013, the 5th Circuit Court of Appeals ruled on Motions to Dismiss filed by the Defendants in Miller v. BAC Home Loans Servicing, L.P. and National Default Exchange, Case No. 12-41273, 5th Cir. 2013. They allowed the case to go forward against BAC for one violation of the Texas Debt Collection Act, where the Millers had alleged that BAC may have misrepresented the status or nature of the services it rendered/

The Millers had alleged that BAC "informed Mr. Miller that the terms of his loan could be modified to cure the default and avoid foreclosure if he qualified." Allegedly BAC also told the Millers that they did not have to make further payments, as the delinquent payments could be included in the modified loan.

This is another reason why, if your home is posted for foreclosure, you really just can't trust your mortgage company. You may want to file chapter 13 so that you are certain that they cannot proceed and foreclose on your house.

J Thomas Black
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Board Certified, Consumer Bankruptcy Law- Texas Board of Legal Specialization