Banks in the car consumption loans risk of law

I served as the bank legal counsel, found the bank in recovery process of car consumption loans, there are legal risks, which I summarize as follows:

First, banks in the deduction of arrears of land.

In theAutomobile consumption loan recovery process, the bank found that mortgage vehicle overdue repayment borrowers, because of fears as to the court, to judicature preservation vehicle, may be time, the vehicle may transfer the mortgage. So, some of the bank's staff, often take the debtor of the vehicles or other assetsThe illegal seizure means to guard against risk.

But banks are detained property even in the loan contract clearly stipulates belongs to the "mortgage", but the ownership, use right still belongs to the debtor, rather thanThe bank, according to the law, the vehicle after the mortgage, mortgage is still owned by the mortgagor (debtor) possession. To seize or change its rights, must be through legal channels such as the implementation of legal, immediately to the judicial organ for the court to adopt property preservation measures or apply for compulsory execution, so as to ensure the collection of arrears work under legal.

Therefore, some of the illegal deduction of behavior occurred in the automobile consumption loans in the bank, should not let the owner of the vehicle and the borrower, guarantor master any bank to participate in illegal detention or evidence of a vehicle, such as vehicle owners and borrowers to master the evidence, the people's court shall have the right to sue the bank the bank, once it is filed lawsuits in irrefutable evidence, the case, may be ordered to bear civil liability of tort. More serious is, in the deduction process because of the intensification of contradictions, both sides appears aggressive behavior, participants bank liability buckle car, even the risk of criminal responsibility. In judicial practice, there are many such cases, after the court thinks, the borrower is the legal owner of the vehicle. Although the loan default facts, but the bank can exercise its right of appeal through proper channels, the illegal seizure of bank borrower vehicle, causing disputes, should bear the economic losses caused by the. For the return of the vehicle, the bank loan request damages litigation request, the court generally support. So, the court verdict is often ordered banks to return the vehicle, and payment the borrower for outage caused by daily hundreds or even thousands of yuan of economic losses or otherwise rental costs. Therefore, the illegal deduction of behavior is likely to cause unnecessary losses and huge legal risk to the bank, the bank firm should not participate in, ten million should avoid.

Second, the bank must be strictly in accordance with the law or business rules management in foreign issued any proof material.

Banks in foreign issued any proof materials, attention should be paid to cannot be issued inconsistent with the actual situation or to the disadvantageous proof material, so as to avoid infringement. For example, in auto loan business - type, dealers enjoy the right to repurchase, in accordance with the contract, the dealer after the completion of the bank to the borrower after repurchase has enjoyed the right of recovery, some banks in the dealer is not paid or not paid in full to repurchase the article, by dealers to repurchase proof, dealers have false right to repurchase, and accordingly to the borrower initiate recovery action, causing the bank to the borrower's infringement, what is more, and may cause the dealer is not only to recover the car, and did not pay back money to occur, resulting in unnecessary legal risk and economic losses to the bank.

The above understanding, hope that the banks benefit in car consumption loans outstanding work.