In 2003 I took out a Home Equity loan on my residence through XXXX Bank XXXX XXXX for approximately XXXX. A short time later in 2003 I also refinanced my residence mortgage with XXXX Bank XXXX XXXX for approximately XXXX. The loans were absorbed at some point by Bank of America where I had been paying on regularly until up until about a year ago. 

At that time I went through a divorced and my income level was reduced. I have had trouble paying on the loan for XXXX and the loan was handed of to XXXX XXXX. During my discussion with XXXX representatives about what was my first ( primary ) mortgage and what was the second ( equity ) I discovered that Bank of America had reversed them. I have since been in contact with the Mortgage Department at Bank of America who do not seem to understand that the mistake has been made. 

I have since spoken to a Bank of America manager who advised me that it did n't matter what was the first or second mortgage. That same manager stated upon speaking to the Mortgage Department they reaffirmed that the equity loan had been turned over to XXXX and was being treated as the primary mortgage. 

The primary mortgage on my residence has always been the lower of the XXXX loans. Contrary to what Bank of America personnel are saying it does matter which loan is considered the primary mortgage on the property. The reasons are many and especially given that XXXX was turned over to another lender and I am working to secure a refinancing program through them. 
