We also got a quote on the mold remediation for the basement which we will likely go ahead with.  

You can put any clauses you like, but if they assert any loss of legal rights or waive remedies provided for under state laws (federal as well) they would not be enforceable.

$150/day since Oct 2012 means that original lien or special assessment for remediation couldn't have been very much.

I would consult with a mold remediation company.

I do not know if she is doing this on purpose, but I need a way to remedy this.Funds are not an issue, I just need to be able to pay her or have a mortgage account setup, but I can't freaking get ahold of her.

Hi @William Edmondson I've heard that mold remediation can be quite expensive.

Two days before closing the lender's attorney wants us to sign docs waiving any benefit of discharge under Chapter 43 of the Texas Civil Practice and Remedies code and waive all rights to contest deficiency under Texas Property Code 51.003, 51.004 and 51.005.

Even after remediation your only hope would be to rent/sell it to a smoker who was inured to the smell already.

If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower."

It also means that the mortgage is still intact and the property is unlikely to have much equity.Remember, banks got TARP money, made profits up the yen-yang (ironically with lots of Chinese money) and these properties are just a pain to remediate on a large scale basis.