Short answer. Not if you received the proceeds. Article 1438 of the Civil Code bars you from asserting ownership to defeat a pledge if you allowed another to appear as owner and you received the sum for which the pledge was constituted. The good-faith pledgee's security interest is protected against your late claim of title.
What the law says
One who has allowed another to assume apparent ownership of personal property for the purpose of making any transfer of it, cannot, if he received the sum for which a pledge has been constituted, set up his own title to defeat the pledge of the property, made by the other to a pledgee who received the same in good faith and for value.
Civil Code, Article 1438 — Estoppel Regarding Pledged Personalty. Read the full provision →
The estoppel rule in Article 1438
Article 1438 applies a doctrine of estoppel: if you allowed another person to appear as the owner of your personal property and that person pledged it to a lender who received it in good faith and for value, you "cannot, if he received the sum for which a pledge has been constituted, set up his own title to defeat the pledge." The critical condition is whether you received the loan proceeds. If money from the pledge reached you, the law treats your apparent authorization as genuine and will not let you walk it back at the pledgee's expense.
The three conditions that must all be met
Article 1438 only blocks your title claim when three facts combine. First, you must have allowed the other person to appear as owner — this requires more than ignorance; there must be some act or omission on your part that reasonably led to the appearance of ownership. Second, you must have received the sum for which the pledge was constituted. If the money went entirely to the other person and you got nothing, the estoppel may not apply. Third, the pledgee must have received the property in good faith and for value — a lender who knew the pledgor did not truly own the property cannot claim this protection.
What if you did not receive the money
The statute is careful: the bar on asserting your title is conditional on your having received the loan proceeds. If you allowed the appearance of ownership but the other person kept all the money, a court would have to assess whether Article 1438 still applies. The language of the article links the estoppel directly to your receipt of the sum. This is a fact-specific question — the amount received, the arrangement between you and the pledgor, and the circumstances that led to the pledge would all matter.
Implications and practical advice
If you find yourself in this situation — whether as the true owner trying to recover the property or as the pledgee trying to understand your security — the facts surrounding how the apparent ownership was created will be central. Courts look at whether the conduct of the true owner was such that a reasonable person in the pledgee's position would believe the pledgor had authority to pledge. Documenting the actual ownership from the outset, and being cautious about allowing others to handle, register, or represent your personal property, is the clearest way to avoid this problem.