The Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases published on 20 15 has made it clear: "If the parties sign a sales contract as a guarantee for the private lending contract, and the borrower cannot repay the loan after the loan expires, and the lender requests to perform the sales contract, the people's court shall try the case according to the legal relationship of private lending, and explain to the parties the reasons for requesting to change the lawsuit. If the parties refuse to change, the people's court shall rule to dismiss the prosecution. " Since the judicial interpretation has clarified this issue, the parties should have clear expectations on this issue, and it is also suggested that creditors do not need to try to "double insurance" and should not sign sales contracts as a guarantee for private lending contracts at the same time.

When necessary, you can sign a mortgage guarantee contract and register the mortgage, which is the most reliable guarantee: it can not only avoid the debtor's "evasion of debts", but also enjoy the priority of compensation among all creditors.