Charge on house

[Alan09]

My mother borrowed �20,000 from her partners son 5 years ago. He put a charge on the house to be paid for in 5 years time, that time has now arrived. What can he do to get the money back from my mum. Her partner died 3 years ago. He has sent a letter to my mum saying he wants �28,000 back in 1 week.

[themas]

I assume she can't pay. He can ask the Court for an Order for Sale of the house, so that the debt can be paid. If he does this, it is important that she does not ignore it. She should be given the opportunity to present to Court an income & expenditure statement and an offer to pay by instalments. The Court will then decide whether this is acceptable.

It would be best if she made such an offer now to see whether it is accepted by the creditor.