Is it legal for the harvester to be mortgaged by the son, and then the car is sold by the mortgaged

The harvester was mortgaged by the son, and if it was not repaid within the repayment period, it was legal for the harvester to be sold, in accordance with the law.

If your harvester is mortgaged by your son, and then the harvester can be mortgaged by someone else, this is also legal, and when he mortgages it, it is equivalent to someone else's.

Is it legal for the harvester to be mortgaged by the son, and then the car is sold by the mortgaged person? There should be an agreement when mortgaging, and the mortgage should have a term, and after the deadline, if the mortgaged person sells, it is also legal.

If you don't pay off the loan or loan within the period you agreed upon, then it's normal for someone to sell your mortgaged car.

This depends on how they agreed, if the arrears were not repaid within the agreed date, then it is understandable that the harvester was sold, if it is still on an appointment, then he sold the harvester is a breach of contract, you can seek legal help, and the court can sue.

Of course, it is legal, and the collateral is used to repay the funds.

From the perspective of civil law.

The other party only has a mortgage, not ownership.

However, if the debt is due and the debt is not repaid after being reminded, the other party can be repaid in priority for the price of the auction sale of the collateral.

If someone has an IOU, and it says that if the collateral is not paid, it belongs to the family, then there is no way! It is natural to repay debts, as long as it is not a loan shark, then it is unlucky.

If the harvester is mortgaged by your son and your son does not redeem it within the specified period, then the mortgagor has the right to sell the car.

If you mortgage it, pay it back in time. The mortgagor has sold your harvester, which is not legal.

If you don't pay back the money to the mortgagee on time, then he has the right to dispose of your car.

If the harvester and the car are mortgaged by the son, if the ownership is transferred, it is legal to be sold.

1. Is it legal to mortgage the car to someone else, and someone else uses it to sell?

1. It is illegal to mortgage the car to others, and others take it and sell it, which is a breach of contract. As the mortgagee, the other party cannot directly resell the car to repay the loan, so from this point of view, the other party's unauthorized sale of the car is a breach of contract.

2. Legal basis: Article 406 of the Civil Code of the People's Republic of China.

Disposal of Mortgaged PropertyDuring the mortgage period, the mortgagor may transfer the mortgaged property. Where the parties agree otherwise, follow their agreement. If the mortgaged property is transferred, the mortgage right shall not be affected.

Where the mortgagor transfers the mortgaged property, it shall promptly notify the mortgagee. If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, it may request the mortgagor to pay off the debts or deposit the proceeds of the transfer to the mortgagee in advance. The part of the transfer price that exceeds the amount of the claim shall belong to the mortgagor, and the debtor shall pay off the shortfall.

2. What are the preparation materials for car mortgage loans?

1. The original and copy of the mortgagee's identity certificate (with official seal);

2. The original mortgage contract;

3. The original and copy of the identity certificate of the owner of the motor vehicle (the original and copy of the organization ** certificate for the unit vehicle, and the original and copy of the valid residence permit for the temporary resident population);

5. Motor vehicle registration certificate;

6. If it is **, the original and copy of the identity certificate of the agent are also required;

7. Fill in the Application Form for the Filing of Motor Vehicle Mortgage Registration.

Legal Analysis: If the borrower does not have this at the time of signing the contract, it is illegal. If the borrower has urged the borrower to fail to repay the loan many times, it can be auctioned through the court.

Legal basis: Article 585 of the Civil Code of the People's Republic of China: The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may, at the request of the parties, increase the liquidated damages and the liquidated damages are excessively higher than the losses caused, and the people's court or the arbitration institution may appropriately reduce them at the request of the parties. Nexun.

Summary. Depending on the mortgage contract you have with the bank, you may still have a penalty if you don't repay the loan.

Hello, I am a cooperative lawyer of LegalPro platform, and I am happy to serve you.

Is the mortgage registered?

Did the mortgagee agree.

Hello, I would like to ask you, my car has been mortgaged to someone else, and 20,000 yuan has been mortgaged to others, but he told me at the time to sign the mortgage contract to sign the sales contract, and my car is still in the loan period, does he have the right to sell my car without permission?

Elaborate on what the phrase "when you sign a mortgage contract, you have to sign a sales contract".

At that time, I mortgaged the car, because I didn't understand, so they said that the mortgage contract was a sales contract, so I signed this contract at that time, the car was bought for a total of 100,000 yuan, mortgaged 20,000 yuan in Hengqiaoling, 20,000 yuan at that time, and he also deducted 1,800 yuan of interest, which is equivalent to only 18,200 yuan in hand, he sold my car without notifying me, and I still owe the bank more than 40,000 yuan of car loan has not been repaid, in this case, can he tell Qi not to sell my car without authorization?

This is a normal contract for the sale and purchase of a vehicle, and I don't see any information about the mortgage.

No, the mortgage contract is a mortgage contract, and yours is a sales contract, which is completely different.

Then I appeal whether it is possible to overturn this contract.

In addition, the car you mortgaged to the bank cannot be bought and sold normally. Because the mortgaged car cannot be transferred to Xiaochen after the purchase, the mortgaged car essentially belongs to the bank and does not belong to the purchaser. The purchaser does not have the title of the mortgaged car.

Then I can ask the bank to collect the car directly.

Non-repayment of loans. The legal conditions for the revocation of a contract are: 1. A contract concluded based on a material misunderstanding; 2. Contracts concluded by fraudulent means; 3. Contracts fraudulently concluded by a third party; 4. Contracts concluded by coercion; 5. Obviously unfair contracts.

You can sue the court for rescission of the contract under Article 5.

Depending on the mortgage contract you have with the bank, you may still have a penalty if you don't repay the loan.

It is advisable to ask the court to rescind your sales contract on the basis of manifestly unfair terms of the contract.