It is illegal, but it does not constitute a crime.

The car belongs to unjust enrichment for you and should be returned to the company.

Second, is it legal for the mortgage car to be driven away by the loan company?

Legal analysis: It is illegal for a mortgage car to be forcibly driven away by a loan company. According to the relevant laws and regulations of our country, if the mortgagee and the mortgagor agree that the mortgaged property will be owned by the creditor when the debtor fails to perform the due debt before the expiration of the debt performance period, they can only get priority compensation for the mortgaged property according to law. Because the motor vehicle registration certificate is an essential property right certificate of the vehicle, it is kept by the owner and is not carried with the vehicle. A legal act in which a debtor or a third party takes some property as a guarantee to pay off debts to creditors. The debtor or the third party who provides the mortgaged property is called the mortgagor; The mortgaged property provided is called collateral; The creditor is the mortgagee, so the right he enjoys is called mortgage, which is a kind of security interest. After the establishment of the mortgage, when the debtor fails to perform the debt at maturity, the mortgagee has the right to take the sale price of the collateral as the priority to other creditors. Collateral can be movable property or immovable property, but property prohibited from circulation or enforcement by law shall not be used as collateral. Legal basis: Article 395 of the Civil Law of People's Republic of China (PRC), 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) 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. 1. What property can be mortgaged: 1. Houses and other fixed objects on the ground owned by the mortgagor. 2. Machines, vehicles and other property 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 according to law. 4. State-owned machinery, vehicles and other property that the mortgagor has the right to dispose of according to law. 5. The land use right of barren hills, gullies, hills and beaches contracted by the mortgagor according to law and mortgaged with the consent of the employer. 6. Other properties that can be mortgaged according to law. Second, what property cannot be mortgaged 1, land ownership. 2, arable land, homestead, private plots, private hills and other collectively owned land use rights, but the fifth paragraph of Article 34 and the third paragraph of Article 36, that is, "the land use rights of township (town) and village enterprises shall not be mortgaged separately. Where buildings such as factories of township (town) and village enterprises are mortgaged, the land use right within the occupied area shall be mortgaged at the same time, unless otherwise stipulated. 3, schools, kindergartens, hospitals and other public institutions, social organizations, educational facilities, medical and health facilities and other social welfare facilities. 4. Property whose ownership and use right are unknown or controversial. 5. Property that has been sealed up, detained or supervised according to law. 6. Other properties that may not be mortgaged according to law.

Third, the car was driven away by the loan company. Are they illegal?

Legal analysis: the mortgage car was stolen by the loan company.

Because the motor vehicle registration certificate is the necessary property right certificate of the vehicle, and the vehicle is owned by the lender, that is to say, it does not involve the transfer of ownership, so the loan company does not own the "ownership" of the vehicle, nor can it drive or steal the vehicle at will.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 681 A suretyship contract is to ensure the realization of the creditor's rights. The guarantor and the creditor agree that the guarantor will perform the debt or assume the responsibility with the consent of the debtor.

Article 682 A suretyship contract is an accessory contract to the principal creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, unless otherwise stipulated by law.

If the guarantee contract is confirmed to be invalid or at fault, it shall bear corresponding civil liability according to its fault.

Fourth, as a mortgage, can you drive the car by force if you don't pay back the money when it expires?

1, it can't be said that the car was driven away by force. Mortgage is not selling, nor does it transfer possession and ownership.

2. If the mortgage expires and the money is not paid, you can negotiate to convert the vehicle into a loan and change the transfer procedures.

Article 33 of the Guarantee Law The term "mortgage" as mentioned in this Law means that the debtor or a third party does not transfer the possession of the property listed in Article 34 of this Law, but takes the property as the guarantee for the creditor's rights. When the debtor fails to perform the debt, the creditor has the right to discount the debt or give priority to compensation with the price of auction or sale of the property in accordance with the provisions of this law.

The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided as guarantee is the collateral.

Article 53 If the mortgagee is not paid off at the expiration of the debt performance period, he may agree with the mortgagor to discount the mortgaged property or be compensated with the price of auction or sale of the mortgaged property; If the agreement fails, the mortgagee may bring a lawsuit to the people's court.

After the mortgage is discounted, auctioned or sold, the part of the price that exceeds the amount of creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor.

Extended data

Case:

Fictitious facts, concealing the truth, using the same car as collateral, borrowing money from others many times. A few days ago, the defendant Wang Guifeng was prosecuted by the Procuratorate of Dangshan County, Anhui Province, sentenced to one year and six months in prison and fined 20,000 yuan.

On April 3, 20 15, he mortgaged his car purchased by installments to Li and borrowed 50,000 yuan. Soon, he made up an excuse to drive away Li, mortgaged the car to Zhang and borrowed 20,000 yuan. 2065438+At the end of June, 2006, he made up reasons to let people drive away again, concealed the fact of twice mortgage, and mortgaged the car to an investment company to borrow more than 26,000 yuan. None of the above mortgage loans were returned after maturity.

The victim reported the fraud. Soon, Wang Guifeng surrendered himself and returned all the loans. 20 16 12, Wang Guifeng was released on bail pending trial by the public security organ.

2065438+March 2007, after the case was transferred to the procuratorate, the Dangshan County Procuratorate decided to arrest the suspect Wang Guifeng considering that he might be sentenced. Unexpectedly, due to bail pending trial, Wang Guifeng was not brought to justice until September 2065438+2007.