foreclosure help

[Tom F]

Hi I'm new to this site and hoping I can get some advice. I've been battling with BOA for years now and really can't stand these dishonest jerks anymore. I've tried the loan modification process where they strung me along for close to 18 months only to "LOSE" my file. Had some financial issues last year and fell a month behind on my mortgage. Fell further behind due to an issue where I changed insurance companies and my escrow fell behind,rather than wait for me to get the money back from the old insurance company BOA took an entire months payment and put it into my escrow causing me to be TWO months behind. Now I've been two months behind for about five months and just received a letter telling me that my mortgage is 70 days past due and that if I don't settle the entire amount within 90 days they will pursue legal action. Now I will be making my January payment this week leaving a $4000.00 balance for the two months I'm still behind. I plan on making an extra payment in February to pull me back to one month behind once I get my income tax money. My question is can they really foreclose with me being two months behind ??