Loan Modification

In utilizing the Loan Modification option to carry an asset current, can the mortgagee include all fees and corporate advances? Mortgagee Type 2008-21 states in part: http://www.modificationsloan.com Legal fees and related foreclosure costs for moil actually completed and applicable to the in progress default episode may be capitalized into the modified principal balance.

Can a mortgagee qualify an asset for the Loan Modification option when the mortgagor is unemployed, the spouse is employed, but the spouse alias is not on the mortgage?