[Short Sale Help]

this may not qualify for modification but here is my story in August i fell 1pmt behind but had planned to catchup the next month (I had funds in the bank); I was told by a Wells Fargo rep. to not make a payment until modification is done it takes up to 45 days on the 44 day I was informed by mail I was denied and the Immediately sent to the foreclosure dept and now not only requested to pay back mortgage payments but now they want me to pay attorneys fees totaling $3000 (p.s. i have over 40K in equity, I believe I my mortgage was upside down I wouldn't have this problem. Do they want my house or are they trying to force me to sell to get the total mortgage payment or was this a tactic to force another year of P.M.I insurance according to their guidelines...HELP PLEASE No, Wells Fargo I have continued my mortgage payment but still have attorney and other fees and still the threat of foreclosure.