The car was mortgaged without knowing it, so you can drive it back directly. Mortgaging a vehicle without the owner's consent is an invalid mortgage, and the owner has the ownership of his own vehicle and the right to take back his own vehicle. Non-motor vehicle owners cannot mortgage vehicles, only owners have the right to mortgage vehicles. As collateral, the vehicle must be registered as mortgage, and the non-owner cannot register as mortgage. The owner may claim to return the property and bring a lawsuit to the court when necessary. The vehicle mortgage must be the owner himself.
Can a loan car be mortgaged to a private person?
1, the law does not allow mortgage cars to be mortgaged to individuals, which is illegal;
2. Because the car under mortgage is mortgaged to the bank, this kind of car can't apply for mortgage loan before it is released, so only when the borrower pays off the car loan and goes through the mortgage formalities can he apply for a loan as a mortgage;
3. If the borrower needs a small amount, has a stable job and income, and has a good credit record, you can consider applying for a personal unsecured loan.
The car has been lent out for mortgage. How can I get it back?
First of all, we must clarify the ownership of the car. If the car was originally owned, it was mortgaged to the guarantee company by itself and borrowed from a third party through the guarantee company. It is very likely that the repayment period has passed and the guarantee company towed the car away according to the contract. At this time, people have this right. If you want to get back, you have to go to the bank in time to handle the business according to the contract, pay off the loan in time, cancel the mortgage procedure, and the car will naturally come back.
If you don't mortgage the car to the guarantee company yourself, you won't know it is a mortgage car until you buy it. It depends on whether your car purchase procedures are complete, whether you transfer ownership, and whether you purchase through legal channels. If the procedures are incomplete and not legal channels, it will be difficult to protect your own interests. Because I am a buyer, I can't claim from the guarantee company, so I can only find the original owner of the mortgage car and negotiate with him to claim for my property loss, because he broke the contract and sold the mortgage car.
What if the car is mortgaged by someone else?
If the unauthorized person transfers the real estate or chattel to the assignee, the assignee may acquire the ownership of the real estate or chattel in good faith.
The transferee can also obtain other rights in good faith, such as mortgage.
If the car is mortgaged by others, the transferee can obtain the mortgage in good faith if it meets the conditions of bona fide acquisition. The owner has the right to claim damages from the unauthorized person.
Mortgage can also be obtained in good faith. The bona fide acquisition of vehicle mortgage requires the vehicle to be delivered to the transferee.
The owner has the right to claim damages from the unauthorized person.
If the person who has no right to dispose of the realty or chattel transfers it to the assignee, the owner has the right to take it back; Unless otherwise provided by law, in any of the following circumstances, the transferee obtains the ownership of real estate or chattel:
The transferee is in good faith when accepting real estate or movable property;
(2) Transfer at a reasonable price;
(3) The transferred immovable property or movable property that should be registered according to law has been registered, and the transferred immovable property or movable property that does not need to be registered has been delivered to the transferee.
If the transferee obtains the ownership of real estate or chattel in accordance with the provisions of the preceding paragraph, the original owner has the right to claim compensation from the unauthorized person.
Where the parties have acquired other real rights in good faith, the provisions of the preceding two paragraphs shall apply mutatis mutandis.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 270 of the Criminal Law of People's Republic of China (PRC) illegally occupies other people's property, and refuses to return it if it is not properly kept, and shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or fine; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined. Whoever illegally takes forgetting things and buried objects of others for himself and refuses to hand them over in a large amount shall be punished in accordance with the provisions of the preceding paragraph. This crime can only be dealt with if it is spoken.