Sold a mortgaged car, the car was robbed, the buyer sued me for damages

Can be reported to the public security organs to deal with. The seller of the car should not compensate the buyer of the car, it should be robbed by the person responsible for compensation. When the debtor does not fulfill the debt, the creditor has the right to be compensated in accordance with the law by the property at a discount or by the price of the auction or sale of the property in priority.

"The Chinese people's **** and the State Criminal Procedure Law" Article 110, any unit or individual found that there are criminal facts or criminal suspects, have the right and obligation to the public security organs, the people's procuratorate or the people's court to report the case or report. Victims have the right to report to the public security organs, the people's procuratorates or the people's courts, or to file a report or complaint against criminal facts or criminal suspects who have violated their personal or property rights.

The public security organs, the people's procuratorate or the people's court for the report, complaint, report, should be accepted. For does not belong to their own jurisdiction, shall be transferred to the competent authorities, and notify the informant, the accuser, the informant;

For does not belong to their own jurisdiction and must take urgent measures, shall first take urgent measures, and then transferred to the competent authorities. Where the offender surrenders himself to the public security organs, the people's procuratorate or the people's court, the provisions of the third paragraph shall apply.

Article 33 of the Guarantee Law of the People's Republic of China*** and the People's Republic of China, "mortgage" as referred to in this Law means that the debtor or a third party does not transfer possession of the property listed in Article 34 of this Law, and uses the property as security for the claim. If the debtor fails to fulfill the debt, the creditor has the right to be compensated in priority by the property at a discount or by the price of the property at auction or sale in accordance with the provisions of this Law.

The debtor or a third party under the preceding paragraph is the mortgagor, the creditor is the mortgagor, and the property providing the security is the collateral.

Article 34 of the Law of the People's Republic of China on Guarantees states that the following properties may be mortgaged:

(1) houses and other aboveground attachments owned by the mortgagor;

(2) machines, means of transportation and other properties owned by the mortgagor;

(3) state-owned land-use rights, houses and other aboveground attachments which the mortgagor has the right to dispose of in accordance with law;

(4) land-use rights, houses and other aboveground attachments which the mortgagor is entitled to dispose of in accordance with law. fixtures;

(4) state-owned machinery, means of transportation and other property which the mortgagor has the right to dispose of in accordance with law;

(5) land use rights of barren mountains, barren ditches, barren hills, barren beaches and other barren land contracted by the mortgagor in accordance with law and agreed to be mortgaged by the contracting party;

(6) other property that can be mortgaged in accordance with law.

The mortgagor may mortgage the properties listed in the preceding paragraph together.

Expanded:

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The Guarantee Law of the People's Republic of China*** and the State of China

Article 33 A mortgage as referred to in this Law means that the debtor or a third party does not transfer possession of the property listed in Article 34 of this Law, and uses the property as security for the claim. If the debtor fails to fulfill the debt, the creditor shall have the right to be compensated in priority by the property at a discount or by the price of the property at auction or sale in accordance with the provisions of this Law.

The debtor or a third party under the preceding paragraph is the mortgagor, the creditor is the mortgagor, and the property providing the security is the collateral.

Article 35 The claim secured by a mortgagor shall not exceed the value of his collateral.

After the property is mortgaged, the portion of the value of the property that is greater than the balance of the secured claim may be re-mortgaged, but may not exceed the portion of its balance.

Article 36 Where a house on state-owned land acquired in accordance with law is mortgaged, the state-owned land use right within the area occupied by the house is mortgaged at the same time.

Where the state-owned land use right acquired by way of grant is mortgaged, the house on the state-owned land at the time of mortgage shall be mortgaged at the same time.

The land use right of a township (town) or village enterprise shall not be mortgaged separately. If a building such as a factory building of a township (township) or village enterprise is mortgaged, the land use right within its occupation shall be mortgaged at the same time.

Article 37 The following properties may not be mortgaged:

(1) land ownership:

(2) collectively-owned land use rights such as arable land, homesteads, self-reserved land, and self-reserved mountains, except for those stipulated in Paragraph (5) of Article 34 and Paragraph (3) of Article 36 of this Law;

(3) schools, kindergartens, hospitals and other public welfare-oriented educational facilities, medical and health facilities and other facilities for public welfare of institutions and social organizations;

(4) property of which the ownership or right of use is unknown or disputed;

(5) property that has been seized, detained or supervised in accordance with the law;

(6) other property that may not be mortgaged in accordance with the law.

Section 2 Mortgage Contract and Registration of Mortgages

Article 38 The mortgagor and the mortgagee shall enter into a mortgage contract in writing.

Article 39 The mortgage contract shall include the following contents:

(1) the type and amount of the main claim to be secured;

(2) the period of time for the debtor to fulfill the debt;

(3) the name, quantity, quality, condition, location, ownership rights or right of use rights of the mortgaged property;

(4) the scope of the mortgage security;

(v) other matters that the parties consider necessary to agree.

If the mortgage contract does not fully have the contents stipulated in the preceding paragraph, it can be corrected.

Article 40 When concluding a mortgage contract, the mortgagee and the mortgagor shall not agree in the contract that the ownership of the mortgaged property shall be transferred to the creditor in the event that the mortgagee is not satisfied at the expiration of the period for the performance of the debt.

Article 41 Where the parties pledge the property provided for in Article 42 of this Law, the mortgage shall be registered, and the mortgage contract shall take effect from the date of registration.

Article 42 The departments responsible for the registration of mortgages shall be as follows:

(1) Where a mortgage is made on the right to use land without any ground attachment, the land administration department which issues the certificate of the right to use land;

(2) Where a mortgage is made on an urban real estate property or on a building such as a plant or other building of a township (township) or a village enterprise, the department prescribed by the local people's government at or above the county level;

(iii) in the case of mortgages on forest trees, the department in charge of forest trees at or above the county level;

(iv) in the case of mortgages on aircraft, ships and vehicles, the registration department of the means of transportation;

(v) in the case of mortgages on equipment and other movable assets of an enterprise, the department of industrial and commercial administration of the place where the property is located.

Article 43 Where the parties pledge other property, they may voluntarily register the collateral, and the mortgage contract shall take effect from the date of its conclusion.

Where the parties have not registered the collateral, it shall not be used against third parties. If the parties register the collateral, the registration department shall be the notary public at the location of the mortgagor.

Article 44 For the registration of mortgages, the following documents or copies thereof shall be provided to the registration department:

(1) the main contract and the mortgage contract;

(2) the certificate of ownership or right of use of the mortgages.

Article 45 The information registered by the registration department shall be allowed to be inspected, transcribed or copied.

Baidu Encyclopedia - Law of the People's Republic of China on Guarantees