Is it illegal to mortgage a car? Is it illegal to buy a mortgaged car

It is not illegal to sell a mortgaged car with the consent of the mortgagee. Under normal circumstances, the mortgaged car cannot be bought and sold directly, but with the consent of the mortgagee, the mortgaged car can be bought and sold, and the money obtained should be paid off the mortgage claim first.

[Legal basis].Article 406 of the Civil Code.

During the mortgage period, the mortgagor can 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.

A mortgaged car is actually a loan car, and there are two situations: one is a bank installment vehicle. The second type is a vehicle that is mortgaged to an individual or a company for loans.

Whether the purchase of a mortgaged car is legal mainly depends on whether the mortgaged car is regular, and if the mortgaged car is regular, then it is completely legal to buy a mortgaged car. If the mortgaged car purchased is a smuggled car or a stolen car, then it is not legal.

Legal analysis. If the flow rate is much lower than the minimum flow rate to ensure accuracy, it will result in no output (e.g., vortex flowmeter) or the output signal will be cut off as a small signal (e.g., differential pressure flowmeter), which is unfavorable and unfair to the supplier. In order to prevent the loss of benefits, for a specific set of thermal energy metering equipment, the supply and demand parties often agree that a certain flow value is "agreed lower limit flow" according to the flow measurement range and the range that can be achieved, and if the actual flow rate is less than the agreed value, the lower limit of the charging flow will be charged.

The people's metrology administrative departments at or above the county level may set up metrological verification institutions as needed, or authorize other units of metrological verification institutions to carry out compulsory verification and other verification and testing tasks. Personnel who perform the verification and testing tasks provided for in the preceding paragraph must pass the assessment. This function is usually implemented in flow meters.

According to the needs of the region, the local people's measurement administrative department at or above the county level shall establish social public measurement standard instruments, which shall be used after passing the examination by the people's measurement administrative department at a higher level. Enterprises and institutions may establish the measurement standard instruments used by the unit according to their needs, and the highest measurement standard instruments shall be used after passing the examination presided over by the relevant people's measurement administrative department. Metrological verification work should be carried out in accordance with the principle of economic reasonableness and in the nearest place.

Metrological verification must be carried out in accordance with the national metrological verification system table. The national metrology verification system table shall be formulated by the administrative department of metrology.

[Legal basis].Article 396 of the Civil Code of the People's Republic of China Enterprises, individual industrial and commercial households, and agricultural producers and operators may mortgage existing or future production equipment, raw materials, semi-finished products, and products, and if the debtor fails to perform the debts due or the parties agree to realize the mortgage rights, the creditor shall have the right to be repaid in priority with respect to the movable property at the time of the determination of the mortgaged property.

Article 404 Where movable property is mortgaged, it shall not be used against a buyer who has paid a reasonable price and obtained the mortgaged property in the normal course of business.

It is not illegal to buy a car with a mortgage, but it needs to be released 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.

What you need to pay attention to when buying a mortgaged car.

1. Determine whether the vehicle is a robber vehicle and other irregular. It is not possible to buy a car from an informal channel;

2. It is necessary to find out whether it is seized by the court. Or the car owner has debts that have been seized, or the bank mortgage has been mortgaged. If the mortgage contract signed privately by the private lender is not registered with the DMV, the mortgage right is invalid;

3. The license plate of the original car cannot be used.

Legal basis: Article 15 of the Measures for the Administration of Second-hand Car Circulation.

Article 16. A contract shall be signed for the second-hand car transaction. The model text of the contract shall be formulated by the administrative department for industry and commerce.

Article 17. If the owner of a second-hand car entrusts another person to handle the vehicle, he shall sign a power of attorney with the trustee.

Privately mortgaging another person's vehicle to another person is a civil act of disposition without authority, but it does not involve a crime. If there is a mortgage agreement, the public security will detain the car, and if the owner does not recognize it, the disposition without authority will be invalid, and the car owner can get his car back. If the vehicle is to be kept on behalf of the owner, there is an existing purpose of possession, and the owner refuses to return it when the owner asks for it, and then mortgages it to others, and the circumstances are serious, it may constitute a crime.

[Legal basis].

Article 399 of the Civil Code provides that the following property shall not be mortgaged: (1) land ownership; (2) The right to use collectively owned land such as homesteads, self-reserved land, and self-maintained mountains, except where the law may be mortgaged; (3) Educational facilities, medical and health facilities, and other public interest facilities of non-profit legal persons established for public interest purposes, such as schools, kindergartens, and medical establishments; (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.

Legal analysis: If the car is mortgaged to an individual in full and the legal procedures are fulfilled, then the car is legally mortgaged to a private person. Precautions for mortgaging a car:

Funds from car mortgages are often used for short-term turnover. Since car mortgages often incur high costs, if you choose a vehicle mortgage with a longer term, you can try to repay the loan as early as possible. In the selection of institutions, mortgagors should try to choose formal institutions.

The law is based on the evidence:

Article 394 of the Civil Code of the People's Republic of China Where the debtor or a third party does not transfer possession of the property in order to guarantee the performance of the debt, but pledges the property to the creditor, the debtor fails to perform the due debt or the mortgage is realized as agreed by the parties, and 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 security is the mortgaged property.