Does the introducer have the right to take the collateral, and does the other party want to take the

Updated on society 2024-05-07
4 answers
  1. Anonymous users2024-02-09

    If the owner of the vehicle agrees to your mortgage, the mortgage is valid, otherwise the mortgage is invalid. If you fabricate facts and conceal the truth, you may also be suspected of fraud.

    It means that the page behind the motor vehicle registration certificate will appear 'so-and-so company is the mortgagee', and the bank and the regular loan company will not do this business without seeing the owner himself. Unless an informal loan company or private loan company will do it, the premise is that your friend steals your information (ID card, vehicle procedures, etc., and the loan contract is signed in your name) and the loan institution is not strict in reviewing and does not see the borrower's identity, this is less likely because it involves the procedures of the vehicle management office.

    Another comparison may be pledge, your friend drives your car, takes the vehicle procedures, the car is thrown to the private loan institution, he takes the money away, you don't take the money to redeem the car, the private loan may sell a black car, or the local vehicle management office is not strict, the transfer procedures do not need the owner to be present on the video (there is a copy of your ID card and the vehicle procedures can be transferred), the vehicle becomes a legal car, and the owner changes to someone in the private loan company and then sells it as a second-hand car. As for how to deal with it, both are illegal, and the public security organs intervene.

  2. Anonymous users2024-02-08

    Debt and creditor's rights issues, civil disputes. The problem is very simple, the mortgage is not paid, and the collateral is taken away. It's very simple, just go straight to court.

    And the introducer took the money to care about you, and didn't give it to you, and you didn't have any receipts, which means that it has nothing to do with you. You're just a mortgage repayment problem.

  3. Anonymous users2024-02-07

    How can it be so easy to cooperate in fraud. Otherwise, why do you need the law? Creditors can sue the court to apply for enforcement. Can't run away.

  4. Anonymous users2024-02-06

    The loan collateral can be taken away, and if the debtor does not repay the collateral written on the IOU, it cannot be directly possessed, and only the court can dispose of the collateral, and the specific treatment has more detailed provisions in the Civil Code

    If the mortgagee agrees with the mortgagor that the mortgaged property belongs to the creditor when the debtor fails to perform the due debts before the expiration of the debt performance period, the mortgagee can only be repaid in priority with respect to the mortgaged property in accordance with the law.

    If the debtor fails to perform the debts due or the mortgage rights are realized as agreed by the parties, the mortgagee may agree with the mortgagor to be repaid in priority with the price obtained from the discount of the mortgaged property or the auction or sale of the mortgaged property. If the agreement harms the interests of other creditors, the other creditors may request the people's court to revoke the agreement.

    If the mortgagee and the mortgagor fail to reach an agreement on the method of realizing the mortgage right, the mortgagee may request the people's court to auction or sell the mortgaged property.

    If the mortgaged property is discounted or sold, it shall refer to the market**.

    After the mortgaged property is discounted, auctioned, or sold, the part of the price exceeding the amount of the creditor's right shall be owned by the mortgagor, and the part of the mortgage shall be repaid by the debtor.

    If the debtor does not repay or is unable to repay the loan, and the mortgage guarantee contract is invalid, it does not mean that the creditor has no other way to recover the loan. The common ways to collect money are as follows:

    1. The creditor entrusts a lawyer to sue the debtor in the court and recover the money through legal measures. If the loan contract between the lender and the lender will not be affected by the invalidity of the mortgage contract, the creditor can still sue the debtor to the court to demand repayment of principal and interest, and after winning the lawsuit, it can also apply to the court for compulsory enforcement with the effective judgment and be repaid through the court's compulsory auction and sale of the debtor's property.

    2. If the mortgage guarantee contract is invalid and the guarantor is at fault, it also needs to bear the corresponding civil liability, but it should not exceed one-half of the debtor's inability to pay off. Although the mortgage guarantee contract is invalid, as long as the creditor has evidence to prove that the guarantor is at fault. The guarantor may also be required to bear the corresponding repayment liability, and at most the guarantor may be required to pay off one-half of the debtor's existing arrears; If the negotiation fails, the guarantor can also go to the court to sue the guarantor for compensation.

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