A
female
age
51-59,
anonymous
writes:I lent my ex when I was with him, nearly 5 grand to finish a refurb on his house so he could sell it. It was suppose to be for 2 weeks till a remortgage he applied for came through, anyway long story short, he didn't get the remortgage and we split a month ago. He can't pay me back until his house is sold now, it's up for sale currently. I have put in for small claims court and he has admitted the claim and sent the forms back to them. What I want to know is, when the judge rules in my favour, how easy is it to put a charge order on his house so that when it's sold I get my money back? Tried googling it but maybe it's called something else because I can't find anything on it.xx
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reader, anonymous, writes (18 February 2008): This is verified as being by the original poster of the questionHi thanks for replying. No the loan wasnt against the house at the time i lent it. It was literally suppose to be for a fortnight until his remortgage he applied for came through (he told me his broker told him he would definately get it by then) so the money is kinda in no mans land at the moment. He did sign a piece of paper saying he owes me that much and the forms the small claims court have sent him since i filed a claim, he has put on there he admits the claim. And he sent that off last wk when we were atleast on talking terms, since we havent been is when he started hinting i wont get it back. I did ask a solicitor before filing the small claims and they recommended the small claims as it was quite straight forward.
I guess i'm just worried he will sell the house before the court date comes through, then once hes sold it, i wont know where he lives let alone be able to get him back in court. So im going to ring the court today, and mention this worry to them. Probably wont make a difference but if they could hurry it up it would be good.
Blimey ive learnt a lesson! hehe
xxxxx
A
male
reader, rcn  +, writes (17 February 2008):
 You should check with a solicitor. You should be able to get a lein against the home by going to the office that records deeds to property.
In reading this, I wonder if small claims is going to be a waste of time. As I said, check with a solicitor to verify, but your claim depends on the terms you agreed upon, which would enforce a verbal contract. Did you have a written contract completed and signed? If the property didn't sell in two weeks, was there an agreed upon alternative to paying you back? If not, his payment to you is contigent upon the sale of the home. Therefore there would be no time frame by which he is held too asside from the home selling. You said the home is up for sale right now, so technically up to this point the contract between you and your ex has been fulfilled. The time a claim would be valid would be if the home sold and he failed or refused to pay you the money he owes you.
I hope this helps. Take care
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