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Can the vehicle still be enforced by the court if it has been mortgaged?

Legal analysis:

The ownership of the vehicle purchased by the person subject to execution with a mortgage still belongs to the person subject to execution, and the court can still seal, detain, auction, etc. the vehicle during execution in accordance with the law. The measure is that among the proceeds from the auction, the mortgage debt should be repaid first, and then the balance can be handed over to the applicant as the execution money of the person subject to execution. A legal act in which a debtor or a third party uses certain property as a guarantee for the repayment of a debt to a creditor. The debtor or third party who provides the mortgaged property is called the mortgagor; the mortgaged property is called the mortgage; the creditor is the mortgagee, and the rights he enjoys are called mortgage rights, which are a type of security rights. After the mortgage is established, if the debtor fails to pay its debts when due, the mortgagee has the right to use the discount of the mortgaged property or the sale price of the mortgaged property to receive priority over other creditors in accordance with the provisions of the law. The collateral may be movable or immovable property, but property prohibited from circulation or enforcement by law shall not be used as collateral.

Legal basis: Article 395 of the "People's Republic of China and Civil Code" The following properties that the debtor or a third party has the right to dispose of can be mortgaged:

(1 ) buildings and other land attachments;

(2) Construction land use rights;

(3) Sea area use rights;

(4) Production equipment , raw materials, semi-finished products, and products;

(5) Buildings, ships, and aircraft under construction;

(6) Transportation tools;

(7 ) Other properties that are not prohibited from being mortgaged by laws and administrative regulations.

The mortgagor may mortgage the properties listed in the preceding paragraph together.

1. What properties can be mortgaged:

1. Houses and other fixed objects on the ground owned by the mortgagor.

2. Machinery, transportation tools and other properties owned by the mortgagor.

3. State-owned land use rights, houses and other fixed objects on the ground that the mortgagor has the right to dispose of in accordance with the law.

4. State-owned machinery, transportation vehicles and other properties that the mortgagor has the right to dispose of in accordance with the law.

5. The land use rights of barren hills, ditches, hills, beaches and other barren lands contracted by the mortgagor in accordance with the law and mortgaged with the consent of the contract-issuing party.

6. Other properties that can be mortgaged according to law.

2. Which properties cannot be mortgaged

1. Land ownership.

2. Collectively owned land use rights such as cultivated land, homesteads, private land, private hills, etc., but Article 34, Paragraph 5, and Article 36, Paragraph 3, namely "township (town) The land use rights of village enterprises shall not be mortgaged separately. If the factories and other buildings of township (town) or village enterprises are mortgaged, the land use rights within the scope of their occupation shall be mortgaged at the same time."

3. Educational facilities, medical and health facilities and other social welfare facilities of schools, kindergartens, hospitals and other public welfare institutions, social groups.

4. Property whose ownership and use rights are unclear or in dispute.

5. Property that has been seized, detained, and supervised in accordance with the law.

6. Other properties that cannot be mortgaged according to law.