Have a Tax Question? Ask a Tax Expert
If your brother is the OWNER of the house - the property may be transferred to you either as a gift OR as a sale.
Or a combination of both.
If the property is sold - your brother will likely be liable for income tax on the gain.
If the property is gifted - the gift is not taxable income for the recipient, but the donor will need to file a gift tax return when the gift is above the threshold.
Let me know if you need details for either tax treatment.
The mortgage holder registered a lien on the property - means - the title may not be transferred without the mortgage holder approval.
That is a common practice to have a lien to secure the mortgage.
So - you would need to communicate with the mortgage holder and verify their requirements.