How to get your mortgage company to remove delinquencies?

My husband and I were late on our mortgage payment last year and requested a loan modification. We had tried to resume making 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 delinquent 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!

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