my mother passed years ago.her property was left for me and 3 brothers.my brother duane went behind our backs and got a 30 year mortgage on her house.he has defaulted.how can i get my share of my mother's home?
3 Answers from Attorneys
You will have to sue him. I would also like to know how this was accomplished without the rest of you being on the mortgage. I suggest you contact an attorney as to this issue - As I understand real estate law - you can't mortgage what you don't own!
Don't see how this can happen. Bank would only lend to all owners.
As everyone has said, if you all owned the property how did one of you get a mortgage? This document would be defective as against all the other owners. Have the paperwork reviewed by an attorney.