-
Mortgage car, after all, is not a conventional commodity, and the transaction process may involve issues such as inability to transfer ownership, and other legally entangled things, so it is best not to touch the mortgaged car. It's okay, don't get yourself in trouble.
-
There must be risks, and there are more disputes here.
-
Mortgage cars are not safe.
For most people, it is not safe to mortgage a car, unless you have a lot of legal knowledge, you can sign some contracts to protect your legal rights, do not listen to the various promises given by those car dealers, even if the debt is clear, there is no guarantee that there will be no problems. The procedures for mortgaging the car are legal, but there are certain economic disputes, so you can't transfer the ownership, that is, you can't own it through formal channels, and many of your legitimate rights and interests will not be protected. Therefore, it is recommended that you do not touch the mortgaged car easily, otherwise you will regret it when you lose your wife and soldiers.
Reasons why mortgaged cars are unsafe.
1. Transfer problem: As we all know, although the mortgage car is cost-effective, it is difficult to transfer the ownership, and how many vehicles cannot be transferred after purchase. However, it is not impossible to transfer the ownership of the mortgaged car, and there are many cases of the transfer of the mortgaged car, but it needs to be decided according to the actual situation of the vehicle and the coordination with the buyer and the seller.
2. The risk of mortgage car: we are buying a mortgage car, the way of the vehicle must be safeguarded, and many illegal and stolen vehicles will be mixed into the mortgage car market, which can easily cause criminal behavior. Therefore, during the purchase of a mortgaged car, it is necessary to make relevant checks on the information of the vehicle and the original vehicle to avoid being deceived.
3. Risk of vehicle theft: The information of the mortgaged car will be understood by many people, resulting in the existence of some illegal people stealing the vehicle, so we must replace the GPS and lock as soon as possible after buying the car to avoid the vehicle being taken back.
-
Summary. Hello, legal analysis: can the car be mortgaged if it is seized:
If not, if the court seals the vehicle, it may only seal the vehicle for registration, and after the seizure, the vehicle shall not go through the formalities such as transfer or mortgage, and the use of the vehicle shall not be affected. According to the regulations, after the motor vehicle is seized, if it is not impounded, it can be used normally, but it is prohibited to buy, sell, transfer, lease, mortgage and other behaviors that have a significant impact on the ownership or value of the vehicle. So can the seized vehicle be mortgaged The answer is no.
Hello, legal analysis: can the car be mortgaged if it is seized: no, if the court seals the vehicle, you can only seal the vehicle for registration, and after the seizure, the vehicle shall not go through the procedures such as transfer or mortgage, and do not affect the use of the vehicle.
According to the regulations, after the motor vehicle is seized, if it is not impounded, it can be used normally, but it is forbidden to buy, sell, transfer, lease, mortgage and other behaviors that have a significant impact on the ownership or value of the vehicle. So can the seized vehicle be mortgaged The answer is no.
Legal basis: The Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Property in Civil Enforcement by the People's Court stipulates: Article 8 Where movable property is sealed or seized, the people's court may directly control the property.
Where a people's court hands over a sealed or seized movable property to another person for control, it shall affix a seal to the movable property or employ other appropriate methods sufficient to publicize the sealing or seizure. Article 395 of the Civil Code of the People's Republic of China provides that the debtor or a third party has the right to dispose of the following property may be mortgaged: (1) Changwen buildings and other land attachments; (B) the right to use construction land; (3) the right to use maritime space; (4) Production equipment, raw materials, semi-finished products and products; (5) Buildings, ships, and aircraft under construction; (6) means of transportation; (7) Other property that is not prohibited by laws or administrative regulations from being mortgaged. Envy.
-
Summary. <>
Legal basis<>
Article 100 of the Civil Procedure Law of the People's Republic of China: In cases where it may be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons, the people's court may, upon the application of the opposing party, rule to preserve its property, order it to perform certain acts, or prohibit it from doing certain acts; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary.
Can I mortgage the car if it is seized?
Analyze <> from a legal point of view
The car was seized and could not be mortgaged, and the vehicle was seized by the court, and Sun Lian could drive and use it, but it could not be bought and sold or mortgaged. If the owner of the car buys and sells or mortgages without authorization, the people's court may fine Zhaosun and detain him according to the severity of the circumstances; If a crime is constituted, criminal responsibility shall be pursued in accordance with law.
Legal basis<>
Article 100 of the Civil Procedure Law of the People's Republic of China: In cases where it may be difficult to enforce the judgment or cause other damage to the parties due to the conduct of one of the parties or other reasons, the people's court may, on the basis of the application of the other party, rule to preserve the property, order the party to perform certain acts, or prohibit the party from doing certain acts; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary.
-
Legal analysis: A car that has been seized cannot be bought unless it is auctioned by the court. The seized vehicles have not been handled by the court and cannot be bought or sold or transferred.
Legal basis: Article 399 of the Civil Code of the People's Republic of China The following property shall not be mortgaged:
a) land ownership;
2) The right to use collectively owned land such as homesteads, self-reserved land, and self-maintained mountains, except where the law provides that it may be mortgaged;
3) Educational facilities, medical and health facilities, and other public interest facilities of non-profit legal persons established for public welfare purposes, such as schools, kindergartens, and medical institutions;
4) Property whose ownership or right to use is unclear or disputed;
5) Assets that have been sealed, seized, or supervised in accordance with law;
6) Other property that laws and administrative regulations provide must not be mortgaged. It's sleepy.
-
Legal analysis: the state of seizure of the mortgage car can be opened. The main purpose of the mortgage vehicle is to prevent the debtor from failing to perform its obligations according to the contract, and the owner of the vehicle provides the guarantee to the creditor, and when the creditor's rights cannot be realized, the mortgage vehicle price will be repaid first.
Legal basis: "Provisions of the Supreme People's Law Zhaobichun Court on the Sealing, Seizure, and Freezing of Assets in Civil Enforcement by the People's Courts" Article 12: Where sealed or seized property is not suitable for the people's court to keep it, the people's court may designate the person subject to enforcement to be responsible for safekeeping; Where it is not appropriate for the person subject to enforcement to keep it, a third party or the person applying for enforcement may be entrusted for safekeeping. If the continued use of the property designated by the people's court for the custody of the person subject to enforcement does not have a significant impact on the value of the property, the person subject to enforcement may be allowed to continue to use it; Where it is kept by a people's court or entrusted to a third party or the person applying for enforcement, the custodian must not use it.
-
Mortgage cars are not safe.
The so-called mortgaged car is a vehicle that has a dispute and cannot be transferred. There are risks in mortgaging cars, there is a risk of litigation in Luyou, and it is not only the user of the car, but also the car dealer itself is at risk, so it is not safe.
What you need to mortgage your car:
1. Whether the creditor's rights of the mortgaged car are clear.
It will directly affect the safety factor of the mortgaged car, and the purchase of the mortgaged car is the most afraid of encountering the second mortgage or more mortgage, and if you want to check whether the creditor's rights of the mortgaged car are clear, it is mainly achieved by viewing the copy of the large book or checking the file. The safest mortgage car is the full settlement with a large capital, mainly because as long as it is with a settlement certificate, the car is now only one person's money, if you buy this car, this car has no other debts, this car is much safer, the state car said that the file check, the main check is, when the mortgage car is mortgaged, what bank or manufacturer is the mortgage, whether the vehicle has been seized or locked, whether the car is stolen and so on.
2. The procedures are complete.
The regular procedures for mortgaging a car include "IOU", "Vehicle Mortgage Contract", a copy of the original owner's ID card, a key to accompany the closure, a driving license, and a signature of the original owner. Of course, the procedures are different in different places, except for the last original owner to sign the car**and**, other procedures are essential, otherwise it may bring inconvenience to your future car.
3. Produced by regular car dealers.
The importance of the car dealer is indispensable in the process of buying a mortgaged car, otherwise you are likely to fall into various problems, how to choose a regular car dealer? Regular mortgage car dealers have several common characteristics, operating in the form of a company, having a fixed place of business, having a professional sales team, and having their own garage, only such a company can provide you with more services. <>
The mortgage car cannot be transferred, and the car has been mortgaged, indicating that the property right of the car does not belong to the owner for the time being. Therefore, the owner does not have the right to transfer the car that does not belong to him for the time being. It is necessary to pay off the mortgage and confirm the right after the mortgage is released before the transfer can be handled.
It was useless to call the police. If it is useless, the public security organs will not accept it. The car is a mortgaged car, and the act of being driven away by the owner does not constitute a case, it is a contract dispute, and it does not fall within the jurisdiction of the public security organs, and the public security organs will not accept it. >>>More
First of all, the ** mortgage car is 60% of the general car, and secondly, the condition of the mortgage car is generally very good, choosing the mortgage car can allow you to save a lot of expenses in the case of driving to the car you want, of course, no one is too much money, and the rest of the cost can do something else you want to do. >>>More
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.
Mortgage car peers plus, click my ID