I have been trying to get my mortgage company to respond to my situation since August of 2008. It was made clear that due to our top heavy mortgage (at over 100K top heavy now) and other financial difficulties that we would be unable to pay by May of 2009. After over 40 phone calls and submitting the same package of information to them on three occasions over the last six months we are still awaiting a response on a Deed in Lieu of Foreclosure. Due to a lack of response we are planning to vacate the home. What do we do when we are unable to get a response from the mortgage company?

Have you investigated some of the new rules passed as part of the stimulus packages?

You try to sell it perhaps even with a short sale.

But obviously their answer is NO, there is no requirement that they have to take the deed back instead of foreclosure,
They are free to foreclose on you instead