Can a car be sold if it has been mortgaged?
1 Answers
Vehicles with outstanding mortgage loans cannot be sold or transferred. Legal Analysis: Generally, mortgaged vehicles cannot be transferred. According to relevant laws, during the mortgage period, the mortgagor cannot transfer the mortgaged property without the consent of the mortgagee, unless the transferee repays the debt to extinguish the mortgage. This means that a mortgaged vehicle cannot be transferred without the consent of the lending institution. However, if the buyer repays the debt on behalf of the borrower in their name, the vehicle can be sold after the mortgage is lifted. Additionally, when using a vehicle under one's name as collateral for a loan, it is essential to bring the relevant documents to the vehicle management office to complete the mortgage cancellation registration process upon loan repayment. The vehicle cannot be transferred unless the mortgage is first lifted. During the mortgage period, the mortgagor cannot transfer the mortgaged property without the consent of the mortgagee, unless the transferee repays the debt to extinguish the mortgage. If the mortgagee and the mortgagor fail to reach an agreement on the method of mortgage realization, the mortgagee may request the People's Court to auction or sell the mortgaged property. The mortgaged property should be priced or sold with reference to the market price. During the mortgage period, the mortgagor cannot transfer the mortgaged property without the consent of the mortgagee, unless the transferee repays the debt to extinguish the mortgage.