Family on deed to home, brother borrowed money

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Question

Country: United States of America
State: New York

Dear Sirs, My name, my brothers, my sisters, and my mothers name are all on the deed to my mothers house. About ten years ago we all signed a loan paper allowing my brother to borrow forty thousand dollars against the house. We recently discovered that he borrowed additional money against the house without my mother's permission. There is now a lien on the house for one hundred thousand dollars plus interest. My question is " what can we do to prevent my brother from taking all the equity out of the house leaving my mother penny less.

Answer

Contact the lender--he is not allowed to pledge the property w/o agreement of all owners; or if he does it will possibly not be valid.

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