Is it legal to buy a mortgaged car? What to do if the owner comes to retrieve it

You already know that it's a mortgaged car, so don't buy it. If the mortgagee can recover, it will be invalid even if it has been registered.

You can buy a mortgaged car, but you need to release it first. The mortgage car cannot be transferred before the mortgage is released, and if it is purchased without the mortgage being discharged, it is actually a form of re-mortgage. If you want to transfer the ownership of the mortgaged car, then the owner must sign a release agreement, but it is very difficult, so most of the mortgaged cars cannot be transferred.

Note: 1. Mortgaged cars usually refer to regular mortgaged cars. The meaning of a regular mortgage car is that it is regular, and there is a formal and legal mortgage agreement, and the lending institution can also provide a copy of the owner's valid ID card and so on.

For the transfer of ownership of the vehicle, the procedures include the mortgage contract of the original owner, the signature and fingerprints of the owner himself, the driving license of the original owner, the copy of the ID card of the original owner (for car review), and finally the signing of the transfer agreement.

2. The mortgaged vehicle should be legally obtained, and all vehicles are well documented, with a bottom block, and can be checked nationwide. Ensure normal driving, review and buy insurance. If you are not at ease with the condition of the car, you can go to the 4S shop to do professional testing to prevent accident cars, soaked cars, and refurbished cars.

3. The vehicle cannot be transferred, so it is cheaper than the transfer car.

4. Regarding the annual examination of vehicles, you can issue a power of attorney for annual inspection in different places and directly entrust it to your local vehicle management office for vehicle review.

5. Regarding the insurance after buying a car, you can take the driving license, your own ID card, and buy insurance in your own name. Many buyers are not very attentive to the mortgaged car**, so there are a lot of problems after the purchase.

1. What should I do if I buy a mortgaged car and the original owner finds it?

1. If it is a bona fide third party who does not know that the car is mortgaged when buying the car, it can be resolved through a lawsuit. It is recommended that you keep the relevant mortgage and shouting monitoring evidence, and report to the police as soon as possible. If you buy a mortgaged car, if you have completed the transfer of ownership of the vehicle and have the property rights of the vehicle, it is illegal for the original owner to steal it.

2. Legal basis: Article 307 of the Civil Code of the People's Republic of China.

In the case of claims and debts arising from jointly owned immovable or movable property, the co-owners enjoy joint and several creditor's rights and bear joint and several debts in terms of external relations, except as otherwise provided by law or where the third party knows that the co-owners do not have joint creditor's rights and debts; In terms of the internal relationship of the co-owners, unless otherwise agreed by the co-owners, the co-owners shall enjoy the creditor's rights and bear the debts according to their shares, and the co-owners shall jointly enjoy the creditor's rights and bear the debts. A co-owner who repays debts in excess of his share shall have the right to recover from the other co-owners.

Article 387.

Where a creditor needs security in order to ensure the realization of its creditor's rights in civil activities such as lending and trading, it may create a security interest in accordance with the provisions of this Law and other laws. Where a third party provides security to the creditor for the debtor, the debtor may be required to provide a counter-guarantee. Counter-guarantees shall be governed by the provisions of this Law and other laws.

Article 403.

If the mortgage is made on movable property, the mortgage right shall be established when the mortgage contract takes effect; Without registration, it is not allowed to confront a bona fide third party.

Article 460.

Where immovable or movable property is in possession of the person in possession, the right holder may request the return of the original property and its fruits; However, the necessary expenses incurred by the bona fide possessor in connection with the maintenance of the immovable or movable property shall be paid.

Article 545.

The creditor may transfer all or part of the creditor's rights to a third party, except in any of the following circumstances:

1) It cannot be assigned according to the nature of the obligatory right; Before.

2) It may not be transferred in accordance with the agreement of the parties;

3) It cannot be transferred in accordance with the provisions of law. Where the parties agree that non-monetary claims may not be assigned, they must not be used against a bona fide third party. Where the parties agree that monetary claims may not be assigned, they must not be used against a third party.

2. What should I do if the mortgaged car is robbed?

1. Direct police processing, intervened by the public security department, although the vehicle is mortgaged, but the owner still has the ownership of the vehicle, and no one has the right to use private rights to rob the vehicle, otherwise it is illegal and seriously bears criminal responsibility;

2. Go directly to the court to sue and request the return of the robbed vehicle, and if necessary, you can apply to the court for property preservation and seize the robbed vehicle;

3. Reconcile with the other party and negotiate a solution privately.

Summary. The mortgage car was sold and recovered, and the police were directly reported to the police, and the public security department intervened, although the vehicle was mortgaged, the owner still had the ownership of the vehicle, and no one had the right to use private rights to snatch the vehicle, otherwise it was illegal and seriously criminally responsible.

The premise is that you want to pay the money back, and look for the agreement you signed when you mortgaged the pawnshop, and see if there are any relevant regulations?

The mortgaged car was sold, how to get the original owner back.

The mortgage car was sold and recovered, directly reported to the police, and the public security department intervened, although the vehicle was mortgaged, but the owner still has the ownership of the car, and no one has the right to use private rights to snatch the vehicle, otherwise it is illegal, and the serious bridge shed bears criminal responsibility. The premise is that you want to pay back the money, and find the agreement you signed when you mortgaged the pawnshop, is there any relevant rules for pickpocketing?

This is an economic dispute, and it is useless to call the police.

Now they want to redeem it, but they have been dragging their feet.

There is a department dedicated to dealing with economic disputes, and the economic investigation department of the Xuchang Public Security Bureau. But according to your description, it was you who were unable to repay the loan, resulting in the auction of Yu Tsai. The initiative is not on our side.

Did they inform us in advance before the auction?

If your mortgaged car is sold, it is recommended that you immediately report to the local public security organ and contact the bank and the vehicle management department for processing. Here are some steps you may need to take:1

Contact your bank: If your vehicle is being mortgaged by a loan, you will need to contact the lending bank or financial institution to inform them that the vehicle has been sold and ask them to take steps to prevent the loan from being charged. 2.

Contact the vehicle authorities: If you have already reported the case to your local authorities, you can contact the vehicle authorities, such as the Department of Transportation or the Vehicle Administration, and ask them to help you find the vehicle's information and whereabouts. 3.

Find buyers and brokers: You can try to find buyers and brokers of vehicles through the vehicle management department or ** investigation after the report, and understand the resale and transfer of information of the vehicle. 4.

Seek legal assistance: If you can't recover your vehicle or get compensation through the steps above, you can seek legal assistance or a lawyer to take legal action to protect your rights. In short, if your mortgaged car is sold, you should take measures as soon as possible and contact the bank, the vehicle girder and the ** department to collect as much information and evidence as possible in order to obtain a better result.