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You need to sue the borrower in court. You need to satisfy the court that the funds were a loan and not a gift and that the funds were not paid back. The defendant will have the opportunity to answer the charges, usually by claiming first that the funds were a gift, and if the court determines there was a loan the defendant must provide proof that the loan was paid. Your copy of the cashier's check may provide compelling evidence that there was a loan in the first place. If you win, the court will issue a judgment lien that can be recorded in the land records. The property cannot be mortgaged or sold until the lien has been paid.

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Q: If someone owes you money and you have a copy of a cashiers check to prove it was a personal loan can you put a lien on his house if he does not pay?
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