If the vehicle is taken away by others and mortgaged privately, the owner can claim to return the property, if necessary.

Privately mortgaging another person's vehicle to another person is a civil act without the right to dispose of it, and it does not involve a crime. The police impounded the car because of the mortgage agreement. If the owner does not ratify it, he has no right to dispose of it, and the owner can get his car back. If it is a vehicle that will be kept on its behalf, refusing to return it when urged by the owner and then mortgaging it to others is only suspected of embezzlement.

The following properties shall not be mortgaged:

(1) Land ownership;

(two) the right to use collectively owned land such as cultivated land, homestead, private plots and private plots, except as otherwise provided;

(3) Educational facilities, medical and health facilities and other public welfare facilities of schools, kindergartens, hospitals and other institutions and social organizations;

(4) Property whose ownership and use right are unknown or controversial;

(5) Property that has been sealed up, detained or supervised according to law;

(six) other property that may not be mortgaged according to law.

The crime of embezzlement refers to the illegal possession of other people's property, keeping forgetting things or buried things, and refusing to return them in a large amount, which constitutes a crime.

Article 195 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined not less than 20,000 yuan but not more than 200,000 yuan under any of the following circumstances; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(1) Using forged or altered letters of credit or accompanying documents and documents;

(2) Using an invalid letter of credit;

(3) defrauding a letter of credit;

(4) conducting letter of credit activities in other ways.

What should I do if I get off the bus and get mortgaged?

If your car is mortgaged, you need to take action as soon as possible to solve the problem as soon as possible. Here are some possible steps:

1. Know the situation: First, you need to know the details of the mortgage, including the mortgagor, mortgage amount, mortgage term, borrower and other information. You can get this information from the car picker or the car borrower.

2. Contact the borrower as soon as possible: If you know the contact information of the borrower, contact him as soon as possible and ask him to repay the loan or return the vehicle as soon as possible. If the borrower refuses or cannot return the vehicle, you may consider reporting to the police or seeking legal assistance.

3. Contact the mortgagor: If you don't know the contact information of the borrower, you can contact the mortgagor to find out his views on this issue and ask him to solve this problem as soon as possible.

4. Seek legal aid: If you can't solve the problem through the above methods, you can seek legal aid. You can consult a lawyer or ask the local legal aid agency for help.

5. Prevent recurrence: After dealing with the current problem, you need to take measures to prevent similar problems from happening again. You can prevent vehicles from being mortgaged by strengthening vehicle management, increasing vigilance and strengthening credit evaluation.

What if the car is lent to others and mortgaged? Treat it differently!

Nowadays, cars have become an indispensable means of transportation in people's lives. In addition to meeting daily needs, it can also be used for mortgage loans at critical times. Some users said that their cars were mortgaged by others. What should I do? Is this illegal?

1. Can I mortgage someone else's car?

Under normal circumstances, you must mortgage your car. Even if you want to mortgage a car that is not in your name, you need to provide a complete certificate and need my signature, otherwise it is illegal.

Second, what if the car is lent to others and mortgaged?

1. If this car is mortgaged by others without your knowledge, you can negotiate with the mortgage company to get it back. If negotiation fails, you can ask for it.

If you borrow the car properly and the ownership has been transferred to your friend, then the other party can choose mortgage.

3. If someone else mortgages the car without going through the formal process, although the mortgage contract has been established, because the vehicle mortgage registration procedures have not been handled and the contract has not yet come into effect, you can take the car back without being liable for breach of contract.

Note that in the formal mortgage registration procedures, it should be the mortgagor and the mortgagee, and provide their own identity certificates, motor vehicle registration certificates, master contracts and mortgage contracts to the vehicle management office.

Even if you mortgage your car to someone else for special reasons, the other party can't directly transfer the ownership. You need to arrive first, and then. After the judgment takes effect, you can apply to transfer the mortgage car to your own name.

What if my friend doesn't repay my car loan?

If the debtor is unable to repay the loan, the creditor may apply for auction or sale of the vehicle mortgaged by you, and give priority to paying off the debt with the price of auction or sale. If there is any surplus, it can be returned to you.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 394 Where the debtor or a third party mortgages the property to the creditor to guarantee the performance of the debt without transferring the property, and the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties, the creditor has the right to be paid 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: (1) 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.

Article 400 To establish a mortgage, the parties shall conclude a mortgage contract in writing. A mortgage contract generally includes the following clauses: (1) the type and amount of secured creditor's rights; (2) The time limit for the debtor to perform the debt; (3) The name and quantity of the mortgaged property; (4) the scope of the guarantee.

Article 419 During the limitation of action for principal creditor's rights, the mortgagee shall exercise the right of mortgage. If it is not exercised, people will not be protected.

Someone else took the car as a mortgage and sold it to me. Does the loan company have the right to take my car?

Whether the car mortgage company can take over the car depends on the loan contract.

If it is stipulated in the contract that the borrower fails to repay the loan within a certain period of time, or the loans overdue exceeds XX times, the lender has the right to take over the car, which is not illegal. The premise is that before the car is collected, the person of the car loan company has informed the borrower of the car collection behavior in advance, and if it is not informed, it is illegal.

If there is no relevant agreement on vehicle collection in the contract, then according to the law, only the public security and judicial organs can forcibly detain and tow away the vehicle according to law. It is also illegal if the car loan company forcibly takes away the borrower's car.

Generally speaking, if the borrower is only overdue, the car loan company will not choose to forcibly collect the car, which will give the borrower a buffer time. Banks generally give borrowers a buffer time of about 3 months, while private auto loan companies generally give borrowers a buffer time of 1-2 months.

During the buffer period, if the borrower still fails to raise funds to repay the arrears, financial institutions will generally take the way of blocking the car or putting pressure on the borrower.

Once passed, the automobile mortgage contract will be terminated by force. The property under the borrower's name will also be frozen and enforced. If the borrower refuses to implement it, all the assets under the borrower's name will be auctioned, and the proceeds from the auction will be used to repay the arrears.

After the repayment is clear, if there is any surplus, it belongs to the borrower. If the loan bill is still not clearly repaid, the borrower still needs to continue to bear the repayment responsibility.

Of course, if the borrower pays off the loan in time after receiving the car, the auto loan company will also choose to return the car.

If you are not clear about your debt and online loan data, you can get an online loan big data report from Beijian Express, which contains detailed online loan application records, overdue details, blacklists and other data.

Extended data:

How to negotiate repayment of overdue car loans?

If you are really unable to repay, you can choose to negotiate with the auto loan company to repay.

First of all, you need to prepare your personal identity information, then calculate the loan principal, interest and penalty interest you owe, and prepare a repayment schedule according to your repayment ability. We must be pragmatic and not opportunistic.

Then call the car loan company to explain their current economic difficulties and express their willingness to negotiate repayment. Usually the first time will be rejected. Borrowers need not be discouraged, and their attitude must be good. Apply more times.

If you can, you can also carry a legally binding proof of economic difficulties, and the success rate can be doubled.

My friend's car is mortgaged to give me a loan. What are the legal hidden dangers?

First, cars are non-value-added consumables. Over time, its performance will deteriorate and its value will decrease. When its value is less than the loan you gave him, the meaning of mortgage gradually disappears.

Second, if the car is mortgaged and still in your friend's hand (the car will only be given to you if it is mortgaged), then there is a risk of losing the collateral. For example, the value of cars has been greatly reduced due to traffic accidents, or cars have been seized or even auctioned to compensate the victims.

Third, improper use of collateral. For example, if your friend pledges his car to a third person for a second loan, your mortgage right is second only to the pledge right.