My husband and I were late on our mortgage payment last year and requested a loan modification. We had tried to resume building payments while they were supposedly processing our loan modification. They always return them. We call them every day, attempting to contact the person that is supposed to be working on our loan. Our mortgage company (Countrywide) has not contacted us in any way and always says that the person working on our loan is not available. Because of their now six months of not working on the loan modification they assured us was going through last year, we are showing seriously incorrect on our loan and getting more behind our mortgage all the time. Can we make a lump sum payment to bring everything current and write on the check that if they cash the check they are agreeing also to remove the delinquencies? Is that legal and binding? Thank you!

In essense writing that on a check would make for a binding contract, but I suggest you call a lawyer to answr this question.
Countrywide is one of the many lenders who are facing bankruptcy after years of questionable lending practices. You really need to contact an attorney and get expert advice about your situation.
They are not going to right this because it is the clients responsiblity to continue building payments. when they return the check do they say why? They will not honor a touch just because you write it on the check.
You need to speak to the team leader and from him branch administrator and from that person to the regional administrator. what city is you loan officer in?
Listen to Cheryl. The last thing Countrywide needs right now is a lawsuit alleging shoddy practices. One letter from an attorney will probably resolve the issue to your satisfaction. (The original late payment, but, will most likely stay on the record.)