About the car mortgage IOU template, the loan mortgage car IOU template

Legal analysis: 1 car information 2 borrower information 3 car borrowing situation 4 signature.

Legal basis: Civil Code of the People's Republic of China

Article 667 A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.

Article 668: The loan contract shall be in written form, unless otherwise agreed upon between natural persons.

The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

Article 669 When entering into a loan contract, the borrower shall, as required by the lender, provide the true information about the business activities and financial status related to the loan.

IOU borrowed to XX RMB, the borrower is willing to use the license plate number of *** car (model, what brand) as collateral, agreed to repay the loan on the date, and does not repay when due, and XX can exercise the mortgage borrower: xx. Probably the content is like this, but it is better to register the vehicle mortgage with the DMV, otherwise, it is not allowed to fight against a third party.

Legal basis. Article 389 of the Civil Code of the People's Republic of China [Scope of Security for Security Interests] The scope of security for security interests includes the principal creditor's right and its interest, liquidated damages, damages, custody of the secured property and expenses for the realization of the security interest. Where the parties agree otherwise, follow their agreement.

Article 410 of the Civil Code of the People's Republic of China [Realization of the Mortgage Chain Right] If the debtor fails to perform the debts due or the parties agree to realize the mortgage right, the mortgagee may agree with the mortgagor to be compensated in priority with the price obtained from 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 way to realize the mortgage, 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**.

Legal analysis: How to write a car mortgage IOU: how much yuan is borrowed today, and what car (model, what brand) is the borrower willing to use the license plate number as collateral, and agree on the year, month and day to repay, and if it is not repaid when it expires, XX can exercise the mortgage right.

Borrower: XX. It is best to register the mortgage of the vehicle at the DMV.

Legal basis: Article 551 of the Civil Code of the People's Republic of China Where the debtor transfers all or part of the debt to a third party, it shall obtain the consent of the creditor. The debtor or a third party may urge the creditor to agree within a reasonable period of time, and if the creditor fails to express it, it shall be deemed to have disagreed.

Legal analysis: The content of the car mortgage IOU is mainly to write the loan amount of both parties, the loan date, the repayment period, the guarantor's guarantee method and the vehicle mortgage in the IOU, and the borrower and the borrower must sign and press their fingerprints, and the guarantor signs and presses their fingerprints.

If the vehicle is mortgaged, the mortgage registration has the right of priority to be repaid, otherwise it is equal to other creditor's rights.

Legal basis: Civil Code of the People's Republic of China

Article 394:Where the debtor or a third party mortgages the property to the creditor without transferring the possession of the property in order to guarantee the performance of the debt, and the debtor fails to perform the due debt or the mortgage rights are realized as agreed by the parties, the creditor has the right to be repaid in priority for the property. The debtor or third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for by the guarantee is the mortgaged property.

Article 395:The following property that the debtor or a third party has the right to dispose of may be mortgaged:

1) Buildings and other land attachments;

2) 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 transport;

7) Other property that is not prohibited by laws or administrative regulations from being mortgaged. The mortgagor may mortgage the property listed in the preceding paragraph.

Article 400 To establish a mortgage right, the parties shall conclude a mortgage contract in written form. Mortgage contracts generally include the following clauses:

1) the type and amount of the secured claim;

2) the time limit for the debtor to perform the debt;

3) The name and quantity of the mortgaged property;

4) Scope of Guarantees.

Article 419:The mortgagee shall exercise the mortgage right within the limitation period for the principal creditor's right; and where it is not exercised, the people's courts will not protect it.

The details of the mortgage car IOU are as follows:

Article 1 Loan content.

Article 2 Payment and repayment of loans.

1. Payment of the loan: After the loan and mortgage procedures are completed, Party B will pay the loan amount to Party A in a lump sum or transfer it to Party A's account.

2. Repayment of the loan: The loan will be repaid in a lump sum on the maturity date.

3. Party A can repay the loan in advance, but must notify Party B 15 days in advance.

Article 3 Liability for breach of contract.

1. If Party A cannot repay the loan in full when due, it will be charged a daily liquidated penalty for the outstanding part from the date of overdue, and if it is overdue for more than 10 days, it will be deemed that Party A is in complete breach of contract, and Party B can terminate the loan contract and require Party A to pay liquidated damages of 20 of the total loan amount of the contract;

Article 4 Party A confirms that the mortgaged assets belong to him, all procedures are legal and valid, and the assets do not have any economic disputes and illegal liabilities before the mortgage, otherwise Party A shall bear all legal responsibilities.

Article 5 Collateral matters.

1. The type and brand of the car.

2. Frame number.

3. Engine number.

Article 6 Custody of collateral.

1. The collateral shall be kept by Party B, and during the mortgage period, Party B shall use the vehicle free of charge to ensure that the vehicle does not have any traffic accidents and violations, and if the vehicle is damaged due to the vehicle's own reasons or natural damage, force majeure and other factors, Party B shall be exempted from liability for compensation.

2. Party A must hand over the keys related to the mortgaged vehicle, motor vehicle registration certificate, driving license, purchase invoice, purchase tax, road maintenance fee, insurance documents, original household registration book and copy of ID card to Party B or an intermediary for safekeeping

Article 7 Disposal of collateral.

1. During the mortgage period, any disposal made by Party A on the mortgaged vehicle shall be invalid.

2. If Party A fails to repay the loan on time, Party B can sell the collateral to recover the loss after the overdue day, and Party A will sign the "Power of Attorney for Overdue Sale" at the same time.

Extended information: During the mortgage period, Party B has the right to dispose of the collateral in advance if one of the following circumstances occurs.

1. The borrower is declared missing, and the custodian of his property refuses to perform this contract;

2. The borrower loses the capacity for civil conduct, and the guardian refuses to perform this contract;

3. The borrower dies or is declared dead and the legal heir of the borrower's property refuses to perform this contract;

4. The borrower fails to fulfill the repayment obligation or has other behaviors that lack the sincerity of debt repayment;

5. The borrower is or will be involved in major litigation or arbitration proceedings and other legal disputes, which may affect its solvency;

6. The borrower fails to notify the borrower of the change of residence, mailing address, contact ** and other matters within 5 days.