What's the difference between mortgage and mortgage?

1. What's the difference between mortgage and mortgage?

Legal analysis: 1. Loan purposes Housing mortgage loans are mainly used for buying houses; Real estate mortgage loans are mainly used for commercial and consumer purposes.

2. Loan information The borrower applying for a housing mortgage loan must provide the down payment certificate, the purchase contract and other information; Borrowers applying for real estate mortgage loans need to provide materials such as real estate license, state-owned land certificate and loan use certificate.

Legal basis: Article 394 of the Civil Law of People's Republic of China (PRC) guarantees the performance of debts. If the debtor or a third party mortgages the property to the creditor without transferring the possession of the property, the debtor fails to perform the due debt or the creditor has the right to receive priority compensation for the property. The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.

2. What's the difference between mortgage and mortgage?

Mortgage loan refers to the behavior that after the purchaser pays the house price specified in the first installment, the loan bank pays the remaining house price on behalf of the purchaser and mortgages the purchased house to the loan bank as a loan repayment guarantee. After the borrower performs the debt and pays off the principal and interest, the property ownership will be recovered again. Generally speaking, the transferor of property ownership is the mortgagor and the transferee is the beneficiary of the mortgage. It can be seen that in the process of mortgage loan, the beneficiary of mortgage becomes the owner of property after transfer, and the basic feature of mortgage is the transfer of ownership.

Real estate mortgage loan refers to the act that the mortgagor provides the mortgagee with debt performance guarantee in the form of legal real estate without transferring possession. That is, the mortgagee sets the mortgage as a restrictive property right on the mortgaged real estate on the premise that the mortgage does not transfer the ownership. In this behavior, the debtor is the mortgagor and the creditor is the mortgagee. Once the debtor has fulfilled his debt and paid off the principal and interest, the owner has obtained complete property rights.

The main difference between the two is whether there is a transfer of ownership in the process of lending, which also determines that their legal relationship and operation have different characteristics.

Legal differences between the two.

Because mortgage will transfer ownership, but mortgage will not change all relations, so the legal status and rights of both parties are different. In the mortgage, the beneficiary of the mortgage becomes the owner through ownership transfer and enjoys the ownership of the collateral, while the mortgagor only enjoys other real rights to the collateral; There is no transfer of ownership in the process of mortgage, and the mortgagor still retains the ownership of the collateral, while the mortgagee and the non-owner only enjoy the mortgage, that is, the right to control the collateral.

According to China's General Principles of Civil Law, ownership belongs to property rights, while other property rights such as mortgage belong to "property rights related to property rights". Therefore, in the legal relationship, the beneficiary of the mortgage enjoys the main property rights, while the mortgagor mainly enjoys the "property-related property rights". In mortgage, on the contrary, the mortgagee only enjoys "property rights related to property rights", and the property rights belong to the mortgagor. Therefore, the legal status and right direction of mortgage beneficiary and mortgagor are basically opposite to that of mortgagee and mortgagor.

The difference between the two in operation and purpose

The basic purpose of mortgage guarantee in lending is to ensure the performance of debts. Once the debtor fails to perform the debt, the realization of the creditor can be guaranteed by the proceeds from the sale of the collateral. At this point, mortgage loans and mortgage loans are basically the same.

As far as the purpose of borrowing is concerned, mortgage loan and mortgage loan are not exactly the same. Real estate mortgage usually refers to housing mortgage, and the scope of real estate mortgage is much wider. The goal of the mortgagor is often the same as that of the mortgaged property. The purpose of borrowing money is to buy a house and obtain the property right of the house. The mortgagor mortgages real estate with mortgaged property rights, and its purpose is not to mortgage, but to borrow money for other purposes. This difference is reflected in the degree of operation, which is manifested in the operational differences between the two loan methods.

Real estate mortgage should be handled with land use right certificate and house ownership certificate. The basic procedure is to handle other warrants on the premise that the mortgagor obtains the property right certificate first, and hold other warrants with the property right certificate as collateral. The mortgagor mortgages without obtaining the property right certificate. Generally, other property certificates are used as collateral first. After paying off the purchase price, the real estate development unit will transfer the property right to the mortgage beneficiary, and all the property certificates will be held by the mortgagor.

In addition, mortgage loans and mortgage loans involve different parties. Mortgage generally involves two parties: the mortgagor and the mortgagee. Generally, there is no need for a guarantor. Simply put, it is "borrowing things and returning them". Mortgage loan is carried out under the condition that the mortgagor and the mortgage beneficiary have not yet obtained the ownership of the house, and the original owner or owner needs to be the intermediary in order to realize the operation in the state of separation of money, property and rights.

3. What is the relationship between mortgage and mortgage?

Mortgage means that the mortgagor (buyer) obtains the ownership of the purchased commercial house by installment. There are two meanings for buyers: first, the house payment can be paid in installments within the prescribed time limit; Second, in the installment stage, the ownership of the house is "pressed" and cannot be "uncovered" (taken away) until it is paid in full. In addition, mortgage trading involves three kinds of debt relationships-namely, the relationship between the mortgagor (buyer), the developer (seller) and the mortgagee (usually the relevant bank).

Its procedure is that the mortgagee (bank) first signs a house purchase contract with the developer and prepays part of the house purchase price; Then the mortgagor (buyer) signs a mortgage contract with the mortgagee (bank) on the basis of this contract, and the bank pays the rest of the house price to the developer, and the buyer pays the mortgage bank regularly until the "mortgage price" is paid according to the regulations, and the mortgage process is over.

Mortgage loan is a way for the buyer (mortgagor) to borrow money from the bank (mortgagee).

That is, the buyer takes the purchased property as collateral, signs a mortgage contract with the bank, and takes the way of not transferring ownership as a guarantee to repay the loan to the bank on schedule. Interest must be paid on this loan. After the buyer (mortgagor) pays off the principal and interest to the bank according to the contract, he can recover the collateral-Property Ownership Certificate and Land Use Certificate. In other words, property buyers do not really own the ownership of the houses they buy before paying off the loans.

If the repayment is not made on time, the bank can handle it according to law.

Mortgage loan is a popular way of real estate sales in the world. Although it is different from mortgage loan in nature, it has achieved the same goal in "suppressing the ownership of the house" to ensure the debt performance (installment payment and timely repayment).

4. What's the difference between mortgage and mortgage?

1, involving different debt relationships: mortgage loan is directly the debt relationship between the borrower and the lending institution; Mortgage loan involves three parties, namely the borrower, the bank and the developer.

2. The order of enjoying rights and interests is different: mortgage loan is to obtain loan funds through mortgage and then repay; The mortgage loan is obtained by installment payment.

3. Different property owners: mortgage loan means that the collateral belongs to the borrower and then mortgaged to the lending institution to obtain loan funds; Ownership belongs to the bank until the mortgage is paid off.