Once you are behind AT ALL on your mortgage, you are in default of your obligations. That means the lender can (1) foreclose on your home; and (2) sue you for the money you owe. If you're five months behind, they could do either or both at any time. If you haven't done so already, try to discuss your situation with the lender to get them to agree to give you forebearance for a time, while you wait to see what happens with the modification program. Essentially, you are in a situation where legally you are in the wrong and it's up to the other side, the lender, what action(s) they want to take. You don't have a right to not pay while waiting for a loan modification or other program, except to the extent the lender itself agrees to allow you to defer or reduce payments.