Can a car be sold if it has been mortgaged?

[LaCorey]

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.

[FelixRose]

I just sold a car that was still under mortgage last year, and the whole process was a bit complicated but manageable. First, you need to contact the bank or loan company that holds the mortgage and inform them of your intention to sell the car. They will calculate the remaining loan amount you need to repay, and then you use this money to settle the loan and release the mortgage status. At this point, the buyer might be concerned about the risk of paying upfront, so it's common to involve a guarantor company or have the buyer advance part of the funds as a transitional measure. After the mortgage is released, take the relevant documents to the vehicle management office to complete the transfer procedures. Remember, without releasing the mortgage, the car cannot be transferred at all. I recommend clearly informing the buyer about the car's mortgage status in advance to avoid transaction disputes. The entire process takes at least two to three days at the fastest, and hiring a professional intermediary can save you a lot of hassle.

[LaLila]

Mortgaged cars can be sold, but there are procedural restrictions. The loan must be settled first to lift the vehicle's mortgage, otherwise the car remains under someone else's name and cannot be transferred. A common practice is for both parties to sign an agreement where the buyer pays part of the amount upfront to help repay the loan, with a third-party guarantee to ensure transaction security. Alternatively, specialized agencies can provide bridging funds; after repayment and mortgage release, the buyer pays the balance before transferring ownership. It's crucial that the buyer is fully aware of the car's mortgaged status—intentional concealment may lead to legal risks. The vehicle registration certificate clearly shows mortgage information, so it's advisable to check the status before selling.

[HoldenDella]

In theory, a mortgaged car can be sold, and I have handled many similar cases. The core issue is that the mortgage must be cleared before the ownership can be transferred, and sellers usually need funds to repay the loan. A common method is to have the buyer pay a deposit to help you repay and release the mortgage first, then settle the remaining payment to complete the transfer. Some trading markets offer mortgage release services, but they charge a fee. After the transaction is completed, it is crucial to keep the mortgage release certificate issued by the bank intact. If the vehicle is transferred without timely mortgage clearance, the court may rule the transaction invalid. I recommend prioritizing transactions through reputable used car dealers.

[FranciscoLee]

I have practical experience in dealing with the sale and purchase of mortgaged vehicles: First, check the vehicle's mortgage status and remaining loan. After the buyer advances the repayment funds, contact the financial institution to release the mortgage. Wait until the mortgage release certificate is obtained before proceeding with the transfer registration. During this process, the buyer bears certain risks. You can request to sign a supplementary agreement to clarify responsibilities, or use a third-party platform for safer transactions. In some regions, you can also apply for pre-transfer registration to protect your rights. Maintain smooth communication with the lending institution throughout the transaction to ensure the repayment amount is accurate. After completion, remind the buyer to check whether the mortgage information on the registration certificate has been removed.