My father died in XX/XX/XXXX. Left me his only son all his belongings, he was also single. 
My mother, his ex wife since XX/XX/XXXX, and he remained friends and she stayed with him in his house his last XXXX years of his life to help care for him. My mother, unknown to me at the time, was presenting herself to al of my father 's creditors as his " wife ''. My father right before his death made it clear to me he was not agreeable to being presented to anyone as husband and wife regarding my mother for any reason. 
Upon the time of my father 's death me and my family were living in a leased home. My mother qualified and received my fathers social security since they had been married XXXX years ( XXXX ). She stayed in the house and made the payment until I and my family were able to complete our lease on our home and move into my father 's home, as he and we wanted. I completed a probate since my father had no will and was single. 
My mother moved out of the home and I started taking over the payments. Then I was laid off work. When I initally contacted the mortgage company they informed me they were unable to speak to me because in their records they had that XXXX XXXX ( my mother ) was the righful owner of the house since my father passed. I had to explain she was not his wife. I sent them all the correlative documents. I asked for a deferrment of a payment, they said no because i was not the mortgage holder. Next they started transferring my account to different locations of their " servicing centers '' and each time I would go through the whole explanation of who I was and have to send the documentation again. All the while sending the documentation to their corporate office and speaking with them. At XXXX point I set up auto withdrawal, they would do that. The XXXX XXXX did n't go through my account because their system wanted to withdraw at XXXX and my salary did n't deposit into my account until XXXX XXXX. At this point they would n't take a check from me. All the while I am requesting a modification of the loan. Each time my account was transferred to a new " servicing center '' their employee would tell me to send a voided check and signature to authorize automatic withdrawal and I did each time. They never set it up. So in fear of the automatica withdraw suddently going into effect I refused to send more payments until someone would agree to something. They never would. 
I just want to keep the house. Now that I have found the 12 CFR Part 1026 RIN 3170-ZA00 Application of REgulation Z 's Ability to Repay Rule to Certain Situations involving Successors in Interest, I believe the mortgage company violated this rule. I made it clear to the mortgage company I had every intention of keeping the home and paying the mortgage. Now they have filed foreclosure. This rule really hit home with me when I read it, because talking to several different people with Citifiancial I had some ask me why I did n't ask for a modification and then others tell me that a modification was n't possible! It appears it was all along. 
Lastly, my wife ( XXXX XXXX ) and I have Power of Attorneys on each other and she has permission to speak to anyone regarding anything pertaining to these matters. 
I am attaching the foreclosure petition and our answer, death cert, probate, power of attorneys and correspondence i have had with the mortgage company.