Puting a charge on a house

[roythepower]

I am going to take someone to court, small claims. Can i put a charge on his house when i win the case or do i have to get a solicitor and pay his big charges to do this.

Is it possible for me to do it and how do i go about doing it.

[ummmm]

Why would you want to? What if he never sells?

[roythepower]

bailiffs selling all his stuff would not cover the amount owed. Why do you know another way. The prime objective is getting my money back but at least this way he is not going to just run away and not pay me my money.

[ummmm]

No, sorry I don't. Someone might come in with an answer. He could stay in the house for another 50 years (depending on his age of course)

[Buenchico]

If you win your court case, the court will make an order stating how you should be paid. If the debtor has got the money he'll be required to make a single payment in full settlement of your claim. If he's only got limited means the court might rule that he should repay you in instalments. As long as the debtor complies with that court order there's nothing more you can do.

If the debtor defaults on the court order you can then seek to enforce judgement in a number of ways.

For general information about the claims process, see here:
http://www.hmcourts-service.gov.uk/infoabout/c laims/index.htm

For information about your options in enforcing judgement (including how to put a charging order on a property) see here:
http://www.hmcourts-service.gov.uk/infoabout/e nforcement/index.htm

Chris

[STIDW]

As stated above first you need an order that the debt is to be repaid and then if payment wasn' forthcoming you would need to apply to enforce the order. One option is to apply yourself for a Charging Order, then apply to the court for an Order for Sale. If granted then the procedure works just as if the property was being repossessed - the house will be sold and the creditor gets his money.

However, there's no guarantee that the court will grant an immediate Order for Sale - occasionally the judge may think that, as the loan is secured against the property, the creditor can simply wait for his money, especially if the debtor is in a position to pay the money back in installments.

[roythepower]

thanks for your reply's, they have been of great help

[kent18]

yes you can regester a charge on his property at the land regestry for about �40.BUT if he has a mortgage on the the property you need the permission of the mortgage company to have a second charge on a property.Trust me ive just been through this with solisitors and without thye permission of the forst charge holder youve no chance.

[roythepower]

thanks kent 18, he has just suggested this but i knew it would not be as simple as he says. Now i will try get his lenders details.