Legal analysis
You can buy a mortgage car, but you need to release it first. The mortgaged car cannot be transferred before the mortgage is released. If it is purchased without mortgage, it is actually a form of mortgage. If you want to transfer the mortgaged car, you must ask the owner to sign the mortgage cancellation agreement.
When the same property is mortgaged to more than two creditors, the order of repayment of the proceeds from auction and sale of the mortgaged property can be divided into two different situations:
(1) The mortgage contract comes into effect after registration, and the repayment shall be made in the order of mortgage registration. If the order is the same, each creditor will allocate the value of the mortgage according to its own proportion of claims.
(2) The mortgage contract takes effect from the date of signing, which can be divided into three situations: first, if the mortgage contract takes effect from the date of signing and the mortgage contract is not registered, the proceeds from auction and sale of the mortgaged property will be paid off in proportion to the creditor's rights; Second, the mortgage contract takes effect from the date of signing, and all of them have been registered as collateral, and they are paid off in the order of collateral registration. At this time, if the mortgage registration time is the same, it will be paid off according to the proportion of creditor's rights; Third, the mortgage contract takes effect from the date of signing, and only a part of the mortgage has been registered as collateral. In this case, the registered mortgage is paid before the unregistered mortgage.
legal ground
Article 21 of the Regulations on Motor Vehicle Registration is confiscated or auctioned by the people's court, the people's procuratorate and the administrative law enforcement department according to law, or arbitrated by an arbitration institution according to law, or the original motor vehicle owner fails to provide the current motor vehicle owner with the motor vehicle registration certificate, number plate or driving license. When the owner of a motor vehicle handles the transfer registration, he shall submit the notice of assistance in execution issued by the people's court that has not obtained the motor vehicle registration certificate, license plate and driving license, or the certificate issued by the people's procuratorate and administrative law enforcement department that has not obtained the motor vehicle registration certificate, license plate and driving license. The vehicle management office shall announce that the original motor vehicle registration certificate, license plate or driving license is invalid, and reissue the motor vehicle registration certificate while handling the transfer registration.