Can I buy a mortgaged car? How to transfer ownership

There is a premise for this, a regular mortgage car can be bought, but if it is private, it is recommended not to buy it. This is a certain risk, if you buy this kind of mortgage car, you only have the right to use the vehicle instead of ownership, so it can not be transferred, so in the purchase of a mortgage car to try, you must understand the mortgage of the car **Oh.

No. First, only after the mortgage agreement is discharged, the mortgaged car can be transferred, and the ownership cannot be transferred before the mortgage is released. Mainly according to the provisions of China's security law, the mortgage can only mortgage the exercise right of the car, not the ownership of the car.

The meaning of a mortgaged car is a vehicle that is currently under the mortgage period or has passed the mortgage period, but the mortgage has not been released, so it must not apply for transfer.

Second, purchase precautions.

Although the mortgage car cannot be transferred, it is also favored by many users because of its very high cost performance. But buyers also need to pay attention to a lot of details, the main ones are as follows:

1. Mortgage car**.

First of all, it is necessary to determine that the mortgaged car ** is legal and regular, which is also the basis for protecting one's own interests. If it is some theft and other illegal vehicles, then it will bring very large losses to their own interests.

2. Mortgage car information.

These include the age of the mortgaged car, driving license, etc., in addition to providing a copy of the owner's ID card and other information, the buyer verifies these information to ensure the authenticity of the information, which will largely avoid risks.

3. Mortgage method.

To distinguish whether the mortgaged car belongs to the bank installment loan or mortgaged to the lending institution, the two ways are also different. If the owner of the car before paying off the bank loan, then do not buy, because once he does not repay the loan on time, the bank has the right to apply for the auction of the car, which will bring great loss of profit to the car buyer.

The mortgage has expired and you can buy it!

If the mortgage car can be transferred, it is generally not possible to buy it. The mortgaged car cannot be transferred before the loan is paid off, and there will be many risks, such as the owner of the car is unable to repay the loan, and the bank will auction the vehicle; If the loan has been paid off, you can purchase, at this time, the vehicle can be transferred after the purchase, and the documents of the loan that have been paid off need to be provided when the transfer is completed.

What is the process of a vehicle mortgage.

1. The borrower shall submit a loan application to the lending institution, and provide the lending institution with his ID card, driver's license, car purchase contract and other supporting materials;

2. The lending institution will review the qualifications of the lender, evaluate the value of the vehicle, and book the amount of the loan;

3. The lending institution and the borrower should sign a loan contract and issue the loan, and the borrower should pledge the vehicle driver's license to the lending institution;

4. The vehicle mortgage loan needs to be repaid regularly every month, and if it is not repaid for a long time, then the lending institution has a reason to dispose of the vehicle by itself.

Legal basisArticle 392 of the Civil Code of the People's Republic of China.

If the secured creditor's right is secured by both real and personal security, and the debtor fails to perform the due debt or the parties agree to realize the security interest, the creditor shall realize the creditor's right in accordance with the agreement; If there is no agreement or the agreement is not clear, and the debtor provides security for the thing, the creditor shall first realize the creditor's right on the security of the thing; If a third party provides security in kind, the creditor may realize the creditor's rights in respect of the security in rem, and may also request the guarantor to bear the guarantee liability. The third party providing the guarantee has the right to recover from the debtor after assuming the guarantee liability.

Although the mortgage car is cheap, there is also a disadvantage that cannot be ignored, that is, it cannot be transferred. This is also the place where the mortgage car is not enough. dao

Why can't the mortgage car be transferred?

Because, if the original owner mortgages the car, it means that the property right of the vehicle no longer belongs to the owner. Therefore, the owner naturally does not have the right to transfer the ownership of the car that does not belong to him for the time being. According to China's security law, a mortgage can only mortgage the right to exercise the car, not the ownership of the car.

In fact, there are also prerequisites that the mortgaged car cannot be transferred, and the mortgaged car must not be transferred before the mortgage agreement is released.

So, how can the mortgage car be transferred?

Under normal circumstances, the mortgage car cannot go through the transfer procedures, but it must also be dealt with on a case-by-case basis. If you want to transfer the ownership of the mortgaged car, you need the original owner to pay off the mortgage and redeem the property right of the car. In this way, the original owner of the car can transfer the ownership to the mortgagee in accordance with the law.

The original owner holds the ID card, the driving book, and the vehicle formalities bill, and the car arrives at the scene, and the buyer and seller go to the vehicle management office together to handle the transfer.

If the mortgaged car is auctioned by the court, the ownership can be transferred to the buyer, and if it is during the mortgage period, the transfer procedure can be completed only after the mortgage is released. If the original owner is not available, there must be a court judgment or mediation letter, and you can sue in your area, or in the area where the mortgage agreement is signed, or in the area where the original owner is located. After the judgment of the court, the property can be transferred to the mortgagee.

There is a premise for this, and a regular mortgage car can be bought.

But if it's private, it's recommended not to buy it inside. That's one.

If you buy this kind of mortgaged car, you only have the right to use the vehicle instead of ownership, so you can't all transfer ownership, so try to buy a mortgaged car, you must understand the mortgage of the car.

Vehicles in our country.

BAI is based on registration and is registered in.

Whoever is in the name of du, the vehicle is who's. If the DAO car is a mortgage car of the internal insurance company, Rong Dan has passed the court judgment and the vehicle belongs to the guarantee company, and the vehicle can be transferred. If the guarantee company only signs a mortgage agreement with you and does not transfer the ownership to you, the property rights of the vehicle are still the guarantee company.

The agreement of the mortgage is not guaranteed.

The mortgage car that cannot be transferred can be bought, but it is not recommended to buy it, and the owner of the car has no full right to protect the car, and the car may be compensated.

Legal basisArticle 401 of the Civil Code of the People's Republic of China 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 law.

Article 406 During the mortgage period, the mortgagor may 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.

1. The so-called mortgaged car means that the vehicle has been registered as a mortgage, so the mortgaged car in this case needs to be entrusted by the owner or a third party to the local vehicle management office to handle the release of the mortgage registration before the vehicle can be transferred; Tansui.

2. The mortgaged car purchased by many friends cannot be transferred, because the owner has too many triangular debts, and it is impossible to call the final mortgagee;

3. Then such a mortgaged car can be purchased but cannot be transferred, because you let the infiltration itself have the mentality of buying a mortgaged car cheaply, then the merchant will not be stupid enough to transfer the ownership and sell it as a cheap mortgaged car.