2. Claim through legal channels: When the mortgaged car is towed away by the car loan company, because the guarantee company operates according to the loan contract, you can't directly claim the loss from the loan company. In this case, I suggest you bring a lawsuit to the court. Because there is no court decision, the loan company has no right to tow or detain the vehicle privately. But before choosing to sue, please make sure that you have enough evidence to support the legal procedures of buying a car.
3. Creditor's rights: If you can't pay off the mortgage loan on time, causing the loan company to resell the vehicle to a third party, then the third party will become your creditor. At this time, you need to repay the loan as soon as possible, otherwise it is illegal to drive the vehicle without authorization, which will bring corresponding legal responsibilities.
4. Report to the post office: If your car is towed away without permission, you should call the police immediately. During the mortgage period, the lending institution has no right to occupy or dispose of the vehicle. Only in the case of a court decision can the lending institution detain the trailer. Please note that it is a violation of laws and regulations for the loan company to state in the contract that the trailer can be towed without notice, and this agreement is not protected by law. Therefore, timely repayment is the best way to avoid this situation.
5. Contact the seller: If possible, I suggest you contact the seller first and try to solve the problem through consultation with the other party. Of course, if you are the owner of the mortgaged vehicle and still buy it knowing that the vehicle is mortgaged, then the principle of bona fide acquisition in civil law does not apply to this situation. The mortgagee has the priority to be compensated for the vehicle and may even request the return of the vehicle.
When the mortgaged vehicle is robbed, you can consider safeguarding rights from the following aspects:
First, direct police handling involves the public security department. Although the vehicle is mortgaged, the owner still owns the vehicle, and no one has the right to take the vehicle for private use. Otherwise, it is illegal and will bear criminal responsibility seriously.
Second, go directly to the court to sue for the return of the robbed vehicle. If necessary, you can apply to the court for property preservation and detain the robbed vehicle.
Third, reconcile with each other and negotiate solutions privately.
Requirements and materials for applying for car loan service for car mortgage:
1. has a stable occupation, and the applicant has the ownership of the local mortgaged vehicle.
2, living and working in the city for a long time, to carry out business occupation and economic income.
3, motor vehicle registration certificate, driving license, purchase tax additional proof (this), car purchase invoice.
4. Insurance policy, travel tax, and relevant tax payment certificates for imported vehicles.
5. ID card (temporary residence permit or residence permit within the validity period provided by non-local account customers)
6. Other documents required by the Cooperation Organization.
I hope the above contents are helpful to you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 394 of the Civil Code of People's Republic of China (PRC) Legal basis: Article 394 of the Civil Code of People's Republic of China (PRC).
In order to ensure the performance of the debt, if the debtor or a third party mortgages the property to the creditor without transferring the possession of the property, if the debtor fails to perform the due debt or realize the mortgage according to the agreement of the parties, the creditor has the right to be compensated in priority for the property.
The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.
Article 395
The following properties that the debtor or a third party has the right to dispose of may be mortgaged:
(a) buildings and other land attachments;
(2) The right to use construction land;
(3) the right to use the sea area;
(4) Production equipment, raw materials, semi-finished products and products;
(5) Buildings, ships and aircraft under construction;
(6) means of transportation;
(seven) other property not prohibited by laws and administrative regulations.
The mortgagor may mortgage the property listed in the preceding paragraph together.