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Can the mortgage holder or servicer foreclose by advertisement even when the borrower is eligible for a loan modification?

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Can the mortgage holder or servicer foreclose by advertisement even when the borrower is eligible for a loan modification?

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Yes. If the borrower is eligible for a modification, the mortgage holder or servicer may proceed to foreclose by advertisement if 1) the designated agent has in good faith offered the borrower a modification agreement prepared in accordance with the modification determination, and 2) for reasons not related to any action or inaction of the mortgage holder or servicer, the borrower did not execute and return the modification agreement within 14 days after the borrower received the agreement.

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