I Want to Sell my Dad's Unused 97 Honda Civic to Finance a New Car But...

**Socorro** · June 18th, 2011 10:49 PM

Hi Everyone, newbie here as I have literally have no one to talk to about this.

I want to purchase a new car preferably by cash. I have money saved but I am a bit short. I want my dad to sell off our 97 Honda Civic (our family's ONLY car na nakatengga lang) to help me finance a new car. Unfortunately, my dad is not giving me anything to work on. He said he "lost" the CR or DOS (not really remember what he said) but I kinda know that the car, despite being 14years old, is still under mortgage. Despite of numerous attempt to extract info, I am still clueless. Oh, I am an OFW, so I can only talk to him by chat.

The car still looks really neat inside and out. The problem has something to do with the engine, it is always overheating. I mean ALWAYS. I think with it, I can still sell it for 100k or something.

What do you recommend I should do? If its still under mortgage can we sell the car? What about selling it for parts? If its paid and he really lost the CR, can we get it? Is that enough?

I am not trying to bypass my Dad's stubbornness on this. I just want him to see the options so that he can see clearly the pros.

And I don't want to use my money to salvage the car. I don't like that car.

Thanks in advance!

**Benzmizer** · June 18th, 2011 10:59 PM

If the car is still mortgaged, you can't sell it. At the least, you'd need to pay the necessary fees to release the incumbered CR. As to the "lost" CR, these is always a way to secure another original copy but it would require legwork.... and your dad's cooperation. If the CR is under his name then affidavits et al will have to be signed by him at the least.

**Socorro** · June 18th, 2011 11:15 PM

I think at the back of my mind I kind of knew the answer to my questions. And what you said is exactly what it is.

What about settlements? Can I post the car for sale even before the mortgage is clear, and I can use the money (or part of the sale money) to settle the mortgage?

Are selling a car for parts illegal? Does it exist? If its legal and existent, do they also need the CR for that?

I am sorry for the questions. I just want to get rid of the car and move on. Provided of course I get something out of it, even a measly sum.

**[archie]** · June 19th, 2011 02:04 AM

from the first post alone, your dad seemed not to like the idea of selling that car.

anyway, 1st, if its really under mortage, the financier will have the original CR for the company's protection.

2nd, you cant sell it off by parts if its under mortage.

3rd, if the car is fully paid up and want to sell by parts, its ok, you would still need the CR if your selling the fire wall (that is where the chassis code is embedded) and the engine block (engine code). other than the 2, all parts can be sold without papers. although, this avenue of action is not recommended because, its much easier to sell it as a whole car.

would you be interested in just buying your car and leave the civic alone? hehe

**phezthie** · June 19th, 2011 10:41 AM

14-year old car still mortgaged? or was it purchased in installment but never bothered to release the mortgage after full payment? or recently mortgaged to guarantee something?

try to know first the nature and status of that mortgage. if the only problem was not released it but already fully paid, you can sell it. if still under mortgage, you need consent of the mortgagee...

same answer in case you want to sell it part by parts...

lost CR, affidavit of loss and sipag at tiyaga is all you needed...

**Socorro** · June 19th, 2011 02:46 PM

[archie];1771909

Originally Posted by [archie]

from the first post alone, your dad seemed not to like the idea of selling that car.

anyway, 1st, if its really under mortage, the financier will have the original CR for the company's protection.

2nd, you cant sell it off by parts if its under mortage.

3rd, if the car is fully paid up and want to sell by parts, its ok, you would still need the CR if your selling the fire wall (that is where the chassis code is embedded) and the engine block (engine code). other than the 2, all parts can be sold without papers. although, this avenue of action is not recommended because, its much easier to sell it as a whole car.

would you be interested in just buying your car and leave the civic alone? hehe

Hey Archie,

Yeah I know that my dad doesn't want to get rid of the car, its his investment. But he doesn't use it, I think it hasn't been registered for 2 years now. All I want is to know the options and procedures, so that I can just lay everything clearly to my dad so when I get back he can make a rational decision. Not just by saying no right away.

Noted the 1st, 2nd and 3rd points.

I am still considering buying without relying on any finances coming from the car. Sayang lang kasi eh, makakatulong sana. I've seen second-hand cars similar to ours that even sells for 200k. That would help a lot. Para na rin hindi ko na gawing Installments yung the rest of the balance.

**Socorro** · June 19th, 2011 02:56 PM

Originally Posted by phezthie

14-year old car still mortgaged? or was it purchased in installment but never bothered to release the mortgage after full payment? or recently mortgaged to guarantee something?

try to know first the nature and status of that mortgage. if the only problem was not released it but already fully paid, you can sell it. if still under mortgage, you need consent of the mortgagee...

same answer in case you want to sell it part by parts...

lost CR, affidavit of loss and sipag at tiyaga is all you needed...

I never heard anything marking the release from mortgage. Maybe it was the case of finished installment but never bothered to release it like you mention. I mean, after 14 years and its still under mortgage, they should have repossessed it right?

**phezthie** · June 19th, 2011 04:01 PM

your right in your observation... it could be a case of unreleased mortgage...

after payment in full of the installments payment, your dad should have worked on its release.. the procedure? here it goes....

1. go to the mortgagee (usually bank or financing institution) and secure the original copy of the encumbered CR and a Release of Chattel Mortgage.
2. go to the register of deeds where the chattel was recorded and pay the fee for the registration of release of mortgage.
3 go to LTO and file those documents mentioned together with the proof of payment from RD and surrender the original encumbered CR. pay the corresponding fees.
4. a new CR, no longer encumbered, will be issued in your dad's favor.

Take note:
since you mentioned that the copy of CR was lost in your dad's possession, most probably that copy of CR was the one that came from the mortgagee, and most probably a release of chattel has already been issued by the mortgagee to your dad..

if that is the case, do the following...

1. try to know where or from whom the car was encumbered and secure a new release of chattel.
2, if its not possible, execute an affidavit to that effect and submit it to the mortgagee for the issuance of new release of chattel.
3. prepare another affidavit of loss with respect to the CR and proceed to LTO to secure a duplicate copy.
3. then follow the procedures 2 to 4 above.

**Socorro** · June 19th, 2011 05:23 PM

This is awesome phezthie! Now I can tell my dad the procedure. And an added bonus knowledge once I get a new car. Thanks a bunch you guys. I hope the next time I start a thread, it'll about suggestions on which car to get! :D