It's not so simple. Was the "over $100,000.00" you paid to the bank paid before you surrendered the home? If so, the bank can consider it "rent" or a payment in lieu of posting the property for foreclosure. Also, if you paid the monies prior to 2008, you don't have a cause of action as the statute of limitations has expired. Did you voluntarily give the bank money? If so, and you continued to live in the property, I don't believe you will find a judge that would order the bank to refund the money to you.
Answered on Apr 02nd, 2012 at 8:50 AM