Brother tricked elderly mother in transferring her ownership in her real estate to him. Her name is no longer on the deed. The transfer of property at zero dollars value to her, who paid the mortgage and still does through her social security check. He thereafter, removed her from her home. He has now put the house up for sale.

Hello C:

Call the cops first off. Then see a lawyer.

excon

If you're really positive that this is something that has happened or even strongly suspect it, what I would suggest doing is contacting the appropriate local social service organization or department in the government as this being some kind of abuse or exploitation of an elderly person. Then see what they have to say and will do.

Where I live, the names of such departments at least would be the Department of Human Services or the Illinois Department on Aging. Maybe where you live you would have similarly named departments in the government?

First of course if the mortgage was not paid off, there is a problem about any deed transfer, first it could make the loan come due and payable, since they have the lien on it and if the owner is changed, they have to be paid off to do this.

Next have you went to the court house and seen where the deed was transferred ?

Your mom needs to hire an attorney and sue your brother and also call the police for fraud.

Called the police, they could not do anything because she is no longer living at the house. Saw a lawyer all he could say was get a guardianship for mother. This can not be done because she is no longer in the or accessible.

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Originally Posted by excon

Hello C:

Call the cops first off. Then see a lawyer.

excon

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Thank you for your response. I have already contacted the social security agency, national and local office. They could only do an investigation. Sent information to mother's house. Brother picked up her mail responded that she no longer lives there. Her funds are placed in a trust that he manages for her now.
Contacted social services senior abuse department. They talked to the brother and his friends told them she no longer lives in their state - they have no jurisdiction. Filed a domestic elderly abuse complaint in state district court. Judge stated that I needed to guardianship, take mother to doctors and declare her unable to handle affairs. Can not do that because she has been taken out of state. Called the state after searching for several months to find out where she was located. Called the local authorities there. They can not do anything because the mother has stated that she was told this was her home now and her home was gone or about to go to foreclosure and can not afford it anymore. Thanks, I need to find someone who knows how to file a lien - to stop him from selling the house and she not receiving any of the benefits from the house. I am trying to see if ARP can help this senior also.

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Originally Posted by Clough

If you're really positive that this is something that has happened or even strongly suspect it, what I would suggest doing is contacting the appropriate local social service organization or department in the government as this being some kind of abuse or exploitation of an elderly person. Then see what they have to say and will do.

Where I live, the names of such departments at least would be the Department of Human Services or the Illinois Department on Aging. Maybe where you live you would have similarly named departments in the government?

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I would get a copy of that mortgage. Find out if there is a lien againt the property assosiated with it filed in the county. I don't know how a deed could have transferred if there was a lien against the property for the mortgage value unless the lien was paid off or released. If the lien has been paid off, find out who paid it if possible, and why the mother is still making payments? Is she repaying the brother who may have paid off the lien in order to transfer the property??

Thanks Chuck, however, the brother, unbeknown to her or her other family members he had her refinance the property so he could get money from her and when she refinance he was put on the deed as a co-owner. He later, had the property transfer to him as the only owner. She agreed to sign the transfer because she was misled to believe that it did not affect her ownership because it was her son she was transferring it to from her. The court house has confirm the transfer with no value to the mother. The loan that the mother is the only person on the mortgage has been paying it with her social security checks even now that she was tricked out of her home and not living there. The house is for sell and he will be the beneficiary of the sale proceeds after the mortgage lien has been satisfied. Attorney was contacted - but most say if you don't have guardianship or power of attorney for the mother. Nothing can be done. She has been moved out of the area and the son has in a place in another state. The police were called in the area where she use to live. They said there was nothing they can do. Because she does not live there anymore.

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Originally Posted by Fr_Chuck

first of course if the mortage was not paid off, there is a problem about any deed transfer, first it could make the loan come due and payable, since they have the lien on it and if the owner is changed, they have to be paid off to do this.

Next have you went to the court house and seen where the deed was transfered ?

Your mom needs to hire an attorney and sue your brother and also call the police for fraud.

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you can't file a lien, until you sue them in court and get a judgement . ( well actually your mother has to sue them) once they win in court for a lawsuit for the value of the home, then she can get a lien placed on the property.

Your mother doesn't seem to know what is going on if she believes the home was in foreclosure... Get her an attorney asap... get the guardianship going with you in charge, and hurry... You might even have to sue to get that if he has already been made guardian...