Estate Law Questions? Ask an Estate Lawyer.
Thanks for your question and good evening.My symapthy here for your situation and dilemma.You would have to open up a guardianship for your mother here to be able to file an eviction type suit.Otherwise as the legal owner she would have to be the party to file for eviction.I know that it is hard here to let the house go but this may be the best thing given the situation and your mother's limited resources.She would need a local lawyer here if she were to file for eviction or a guardianship to allow you to do so.I am not sure if your mother can move here to an apartment or other living arrangements but this may be her best option.If she were to let this go into foreclosure she is basically judgment proof.If the lender were to get a deficiency judgment it may be collectible.You could contact the lender here to see if they would agree to a deed in lieu where you deed the property back to lender.That might be an option to get her out of this tough situation.Again the other options are going to require a lawyer either to obtain guardianship or to evict the brother.You may want to start with contacting the lender to see if they would accept a deed in lieu here and take back the property.This avoids any deficiency judgment they just take title and that's it.It has been my pleasure to assist you tonight.I appreciate the chance to do so.Please let me know if you have more follow up.Thanks again.
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Here is guardianship information..http://www.nycourts.gov/courts/nyc/family/faqs_guardianship.shtmlAs a guardian here you would have legal standing to file for eviction..http://www.nycourts.gov/courts/nyc/family/faqs_guardianship.shtmlIt is a possible option for you..
You may also want to contact legal aid.
Legal aid may be able to provide you guardianship and eviction legal assistance.She should qualify for it based on her limited income..
Thanks again for letting me help you tonight..