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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.
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Can you buy a mortgaged car so cheaply, and what are the risks? The old driver told the truth.
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1. The part of the house that has been seized by the court that is outside the scope of the seizure can be registered as a mortgage.
2. A house that has been seized by one court is not allowed to be seized by the second court again within the scope of the seizure within the period of seizure.
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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.
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Summary. Hello dear, happy to answer your <>
The motor vehicle shows the state of seizure and is a vehicle that has been prohibited by the court from registering, changing, transferring, mortgaging, canceling, or releasing the pledge due to economic debt disputes and other reasons. Legal basis: Article 487, paragraph 1 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China, the period for which a people's court freezes the bank deposits of a person subject to enforcement shall not exceed one year, the period for sealing or seizing movable property shall not exceed two years, and the period for sealing immovable property or freezing other property rights shall not exceed three years.
The vehicle is not mortgaged, but the seizure is why.
Hello dear, happy to answer your <>
The motor vehicle shows the seizure status of the vehicle that has been prohibited by the court from registration, alteration, transfer, mortgage, cancellation, pledge and release of the pledge due to economic debt disputes and other reasons. Legal basis: Article 487, Paragraph 1 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" The period for the people's court to freeze the bank deposits of the person subject to enforcement shall not exceed one year, the period for sealing or seizing movable property shall not exceed two years, and the period for sealing immovable property and freezing other property rights shall not exceed three years.
How to deal with the seizure status of the motor vehicle: 1If the vehicle is to be unsealed, the respondent needs to fulfill the judgment or provide other guarantees.
If the judgment has already been actually performed, you may apply to the court to lift the seal; 2.After the court issues a ruling on the dismissal, take the ruling to the DMV to unseal it. The seizure status of the vehicle is released; 3.
The vehicles seized and seized by the court must not be driven, because the seized cars have been executed in place, some can be shouted that the car is already in the parking lot, and some are on the way back to the court, all of which are sealed, and whoever drives it (even if it is the owner) is illegally disposing of or stealing the property seized by the court.
In this case, you will need to contact the enforcement judge of the court or the security judge to confirm the reason for the seizure of your vehicle. It could be that you have made a guarantee or the name of the vehicle is not in your name, or you have been sued. The lawyer replied:
In this case, you will need to contact the court's enforcement judge or preservation judge to confirm the reason for the seizure of your vehicle. It could be that you made a guarantee, or the name of the vehicle is not in your name, or you have been sued. The questions to you are as follows.
A large number of practices show that through a variety of ways to resolve economic disputes, the real can do all happy is self-reconciliation, pre-litigation mediation, can solve the problem, retain friendship, save expenses, shorten time, it is recommended that you try to change your faith as soon as possible to choose the Chamber of Commerce mediation, industry mediation and other ways to resolve disputes, through the above methods can not be resolved and then choose to court litigation.
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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.
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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.
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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.
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Legal Analysis: Jean Tsai.
Cars that have been seized cannot be bought unless they are auctioned by the court. The seized vehicles have not been processed 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 on Xianglu:
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.
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.
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