Loan Sold To Investors While In Default!

[Joel Fraser]

Facing foreclosure here and fighting it pro-se. I have been in my house for a yr now without making pyments since they don't take partial pymts. Anyways I've spent well over 100 hrs research and here is what I found. In 2006, I was laid up for several mths due to a car accident. During that time I got 5 mths behind which I later got paid up. During that time, my loan was sold to investors while it was in default. My loan is in a securitized pool of loans. I read their prospectus and while they do warn there are some risks, nowhere in there does it tell them they are buying a loan already in default. I am trying to find the law on that specifically. Does anyone out there know it? No investor in even half a right mind would invest in already defaulted loans, would they? I am being sued by a bank that I do not believe owns the note and mortgage---at least not at the time of filing their lawsuit. In addition, I have sent 3 certied leters, return receipt requested for verification of debt, life of loan history, and a QWR. I received a QWR with no payment history!!!! Then after 8 mths of this their attorneys tell me they are in compliance with the Fair Debt Collections Practices Act which they are not. They left out the whole year of 2006!! Wonder why. LOL!! I filed countersuits against these asses and now their attorneys have made a motion to dismiss my countersuits saying I didn't follow Civil Procedure which I believe I made myself clear why they were being sued. Plus they never put the Courts name or address on their papers showing me that they also sent to the Court. So my other question is: Are attorneys exempt from doing this? Aren't they in violation of FL law of civil procedure by not doing so? My case is even more complicated than this but if anyone has some answers to my questions, please let me know! And if anyone has any knowledge about prepayment penaties on a 2nd mortgage? I pd 10K and I thought I read somewhere that they can't do that on a 2nd, that it's a violation of HOEPA or Regulation Z?????