1. If the car belongs to husband and wife, the wife can sue the mortgagee for general mortgage;
If the car is the wife's own personal property, the husband's behavior is ultra vires, and the wife can sue her husband for compensation.
How is the vehicle mortgage procedure handled?
1. The lending institution receives the information provided by the applicant;
2. Visit the applicant's home, investigate and estimate the vehicle value;
3. The lending institution initially sets the loan amount;
4. Handling entrustment notarization and loan notarization;
5. The lending institution accepts the relevant documents of the applicant;
6. Go through the mortgage registration formalities;
7. loans.
Legal basis: Article 25 of the Regulations on Motor Vehicle Registration.
If the ownership of a registered motor vehicle is transferred, the owner of the motor vehicle shall apply for transfer registration at the motor vehicle management office within 30 days from the date of delivery of the motor vehicle.
Before applying for transfer registration, the owner of a motor vehicle shall deal with the road traffic safety violations and traffic accidents involving the vehicle.
Article 26
To apply for transfer registration, the current motor vehicle owner shall submit the motor vehicle for examination, confirm the application information, and submit the following certificates and vouchers:
(a) the identity certificate of the current motor vehicle owner;
(2) Certificates and vouchers of the transfer of ownership of motor vehicles;
(3) Motor vehicle registration certificate;
(4) Motor vehicle driving license;
(5) For motor vehicles under customs supervision, the cancellation certificate or transfer certificate recognized by the customs shall also be submitted;
(six) motor vehicles that have exceeded the validity period of the inspection shall also submit the certificate of motor vehicle safety and technical inspection and the compulsory insurance certificate for traffic accident liability.
The vehicle management office shall, within one day from the date of accepting the application, inspect the motor vehicle, check the rubbing film or electronic data of the motor vehicle identification code, review the documents and vouchers submitted, recover the license plate and driving license, determine the new motor vehicle license plate number, endorse the transfer matters on the motor vehicle registration certificate, and renew the license plate, driving license and inspection mark.
When applying for transfer registration during the period of motor vehicle mortgage registration, the original motor vehicle owner, the current motor vehicle owner and the mortgagee jointly apply, and the vehicle management office applies for new mortgage registration.
When applying for transfer registration during the filing period of motor vehicle pledge, the original motor vehicle owner, the current motor vehicle owner and the pledgee shall jointly apply, and the vehicle management office shall jointly handle the new pledge filing.