Legal analysis
If the car is mortgaged by others without the knowledge of the parties, you can negotiate with the company that undertakes the mortgage loan business and ask for the car back. If negotiation fails, you can bring a lawsuit to the court. If the parties borrow the car properly and the ownership has been transferred to friends, then the other party can choose to mortgage it. 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 come into effect, the parties can take back the car without having to bear the liability for breach of contract. Formal mortgage registration procedures should be handled by the mortgagor and the mortgagee, providing their identity certificates, motor vehicle registration certificates, master contracts and mortgage contracts. Even if someone else mortgages the party's car to someone else, the other party can't directly transfer the ownership. As long as the mortgage is not authorized by the owner himself, it is invalid in the legal sense. Unless the institution that handles the mortgage can prove that the mortgage is implemented with my authorization, it can file a lawsuit with the court first, and then apply to transfer the mortgage car to its own name after the court's judgment takes effect.
legal ground
People's Republic of China (PRC) Civil Code
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 403 Where a chattel is mortgaged, the mortgage right shall be established when the mortgage contract comes into effect; Without registration, you may not be able to fight well-intentioned third parties.
Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; 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 or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.