If i own 50 of a house can i get a mortgage for the full value of the house or just the part i own?

Louise
2 yrs ago my elderly mother let my brother move in with her. she owned the house 100% but he talked her into putting him on the deed and the mortgage, thus effectively giving him 50% of the house. She was unaware of this until we went to her estate lawyer. In Jan of 07 he refinanced the house, this time on his own and got more money out (about 75% of the appraised value). He also didnt have her on this mortgage (but she had been on the previous mortgages). SO my question is, how was he allowed to borrow more than what he owns of the house's worth? He is only 50% owner. How was he allowed to mortgage the house without her on it?

Lorelei
1) how did you find out with the estate lawyer?2) if you do not have copies of the refinanced papers and know the bank, go ask for copies, or at least find out if your mom's name are on them.3) Is it possible that your brother had your mom place him as power of attorney of her estate which in turn he used to take out the loan.Most importantly, you and your mom, with lawyer or another adviser, should sit down and ask your brother what actually took place.

Emelda
That is impossible. In order for your brothers name to be on the loan, your mom had to refinance the mortgage. If there is a fraud, well your brother, his agent, the title company and the notary will have to be involve. do you think that is possible. Maybe they are just hiding the truth from you. Remember, the escrow will not release the money if the signature of both parties are not there. also the notary will have to be in it because they are the ones that identify the signer