attorney opinion on practices regarding sale of servicing rights

[CAMTAY]

Our loan was 45 days late when we recieved a letter that the "servicing rights" were being sold effective 05/01/09. After countless, phone calls to the original lender, and the "new servicing company" our loan was not with the old company but never made it to the new company. We sent numerous "qualified written requests" to both companies, requested payoff from old lender and response was "your loan has been sold effective 05/01/2009" We received response after response that our loan was sold to new servicer, and "new servicer" sent letter that our inquiry was recieved but we should contact customer service at our old company because they dont have our loan. Finally after a 2nd qualified written request, as well as a compliant issued with the Division of Banks in my state, we recieved a "sorry for the confusion, but you loan was never sold, please continue to send payments to us. " Letter dated 06/19/2009, called immediately and loan not loaded in system, cant accept payments until loan is in system......took until 07/10/2009 to get loaded back in system. Question, can the lender report me late for 05/09, 06/09, and 07/09 if they never had the loan???? They stated to me that it was "unethical" to say I wasnt deliquent? Also, this all happened 8 weeks into a request for a loan modification. They since have acted, very, very swiftly with our modification and have offered to waive the late fees accumulated during that time. Do I have legal grounds????