I have no lease and my brother is not paying me the rent I am more then 5 month late on my mortgage how do I get him out... he does not want to leave and I would like to take over possession and work with the back to rent it again

I have moved your question from the introduction site to the area about real estate.

Well first you made a serious errror in letting him live rent free for 5 months. But you will have to give hm notice to move ( written) for non payment. Then after he does not move, you file for a eviction in housing court in your county

But you need to be working with the bank now on some plan.