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Can't I mortgage the car?
1. Can't I mortgage the car?

Owners are not allowed to mortgage their own loans, but there is a premise that they need the consent of the owners when handling mortgage loans. Non-car owners themselves need more procedures and materials to apply for mortgage loans, and lending institutions are also more troublesome to handle. To apply for a vehicle mortgage loan, you need to bring the borrower's and the owner's ID card, driving license, motor vehicle registration certificate, car purchase invoice, tax payment certificate, automobile insurance policy and other materials. You can consult the relevant lending institutions to see what else needs to be added and try to get it together. When you apply for a mortgage loan with a vehicle, you need to pay attention to whether the vehicle itself is still paying the car loan. If it is still paying the car loan, it needs the vehicle itself to have room to refinance before applying for the loan, otherwise the application for mortgage loan is likely to fail. After handling the vehicle mortgage loan, the lender must repay the loan on time, otherwise it will have serious consequences. For example, the credit information of the lender will be damaged. If it is not repaid for a long time, the mortgaged vehicle may be enforced and the economic loss will be great. According to the lien provisions of the current law, lien can only occur in several specific contractual relationships. Article 84 of the Guarantee Law stipulates that if the debtor fails to perform the creditor's rights arising from the custody contract, transportation contract or processing contract, the creditor shall have the lien. "The provisions of the preceding paragraph shall apply to other contracts that can be retained according to law. "Although there are only a few liens in legislation, there are a lot of liens and mortgages competing in practice, and most of them are mortgaged by the mortgagor first and then handed over to a third party for repair, processing, transportation and storage. The third party may not be able to pay off the repair fee, processing fee, transportation fee or storage fee, which leads to the conflict between liens and mortgages. There are three different views on the effectiveness of their concurrence: 1, when mortgage and lien compete, it is decided according to the order of their establishment or realization, and the first effect takes precedence over the second effect; If it expires first, it will be realized first, and its effectiveness will take precedence. 2. Lien has priority. That is, regardless of whether the mortgage is established or realized before the occurrence of the lien, the lien holder can get the compensation for the price change of the subject matter before the mortgagee. 3. If the lien holder is in good faith, the lien will take precedence over the mortgage. Otherwise, its effectiveness should be later than the pre-set mortgage. The second view is adopted in the second paragraph of Article 79 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Guarantee Law of People's Republic of China (PRC). Article 25 of the Law on Secured Transactions of Movable Property in Taiwan Province Province of China stipulates that when the mortgagee occupies the mortgaged property according to the provisions of this law, he shall not oppose a bona fide third party who keeps the subject matter according to law. This provision obviously adopts the above third point of view. In Chinese academic circles, most scholars support the second view that lien should take precedence over mortgage for the following reasons: 1. Lien is a real right directly stipulated by law and should take precedence over agreed mortgage. 2. The creditor's rights secured by lien usually arise from the performance of contracts such as processing contracting, cargo transportation and warehousing. When performing these contracts, the lien holder often needs to provide some materials and services, and the expenses are often paid by the lien holder in advance. If the lien enjoyed by the lien holder cannot take precedence over the mortgage, it will not only fail to realize the labor value it paid, but also make the expenses paid in advance unable to be compensated, which will force the lien holder to take priority measures to protect his rights, for example, requiring the customizer to pay the price in advance, which will unreasonably increase the transaction cost. 3. The materials and services provided by the lien holder will increase the value of the subject matter and obviously benefit the debtor; At the same time, priority protection of lien may be beneficial to the mortgagee.

Second, the owner is not me, but the car is mine. Can I get a mortgage?

Loan conditions of mortgage loan:

Have a legal status;

Have a stable economic income, have the ability to repay the loan principal and interest, and have no bad credit record;

There is a legal and effective purchase contract;

If the newly purchased house is used as the maximum mortgage, it must have a legal and effective purchase contract, the age of the house is within 10 years, and the down payment of not less than 30% of the total price of the purchased house has been prepared or paid;

If the mortgage loan has been purchased, the original mortgage loan has been repaid for more than one year, the loan balance is less than 60% of the value of the mortgaged house, and the mortgaged house has obtained the property ownership certificate, and the age of the house is within 10 year;

Being able to provide effective guarantee recognized by the loan bank;

Other conditions stipulated by the lending bank.

Third, the owner is not me, but the car is mine. Can I get a mortgage?

At least tell dad,

After all, he is the master and the elder.

You should respect him, and so should your relatives.

What did you do? Start a company, or owe someone money.

Fourth, can your car be mortgaged?

can

The car can be mortgaged if it is not my own, but under normal circumstances, only my car can be mortgaged to the vehicle management office. If it is not my car, the mortgage needs the consent of the vehicle owner. The car must also go through all the formalities before it can be mortgaged. Prepare owner's ID card, borrower's ID card, motor vehicle registration certificate, vehicle driving license, car purchase invoice, auto insurance policy, tax payment certificate, etc.