My mom agreed to sign a refinancing to keep her in her home and help my business pay off some debt, but now my brother is standing in the way of this. What are my options?
The refinance would pay off her credit cards (Which my brother the POA has been using for years to the tune of over $50k), free up her income because I would be paying half the mortgage, and allow me to pay off a high interest business debt with cash out from the refinance. The way things are my mom can no longer afford to live in the house and this would allow her to do so. The day we were supposed to sign the intent to proceed my mom went to the ER with a kidney infection. My brother decided to exercise his POA and told the doctors not to communicate with me and told me that no financial transactions would occur until further notice. My mom is totally competent and agreed to sign the refinance, but now refuses to because of my brother. The loan agent says they can proceed with the preparations without any other signatures right now. My brother is totally out of line and is really standing in the way of what is not only beneficial but necessary. My mom is coming home next week. Last week my loan, which would have already been paid off if we had proceeded when my mom got sick, went into default and my accounts were seized. I'm now facing bankruptcy. I have been my mom's constant companion and caregiver for 30 years. My mom's mortgage is so high because she mortgaged and refinanced her house to bail him out five times. He is in charge of everything and is mishandling it all, mingling accounts and interfering in my mom's care and independence. And now I can't even pay my rent. I know my mom doesn't legally owe me anything but I am devastated, betrayed and completely bewildered. I contacted an attorney but the reality is that I need this refinance to go forward NOW. Without another day to spare. Not only to keep my mom free to live at home but to keep my livelihood going for my daughters and me and to stop my brother's credit card use. I have told him I am aware of it and that I contacted an attorney. I asked him to talk with me. I told his wife about it. I pleaded with him to tell my mom to go forward with it. He refuses to respond.