Difference: (1) Legal difference between mortgage and mortgage. Mortgage will lead to the transfer of ownership, but mortgage will not change all relations, so the legal status and rights of both parties are different. The beneficiary of the mortgage becomes the owner through the transfer of ownership and enjoys the ownership of the mortgaged property. Mortgage does not transfer ownership. The mortgagor still retains the ownership of the collateral, while the mortgagee is not the owner, but only enjoys the mortgage, that is, the right to control the collateral. In mortgage litigation, the beneficiary of the mortgage participates in the litigation in the capacity and name of the owner, while in mortgage litigation, the identity of the mortgagee is only the mortgagee.
(2) Differences in Purpose and Operation The basic purpose of mortgage and mortgage guarantee is to ensure the performance of debts. But there are still differences in purpose and operation:
1) The purpose of mortgagor's mortgage is to minimize risks and borrow as much money as possible; The purpose of mortgage beneficiary's mortgage is mainly for the consideration of guaranteed income. Theoretically, the beneficiary of mortgage is the owner and enjoys more rights than the mortgagee.
2) For the purpose of loan, the mortgagor's goal is the same as the mortgaged property. The purpose of borrowing money is to buy a house and obtain the property right of the house, but the purpose of mortgagor's mortgage loan is not to obtain collateral. It is a loan for other purposes.
3) Mortgage of property with operational differences: land use right certificate and house ownership certificate are required. Its basic procedure: the mortgagor obtains the property right certificate first, and then handles other property rights certificates, and holds other property rights certificates with the property rights certificates as collateral. Mortgaging: The mortgagor has not obtained the title certificate. Generally, his property right certificate is used as mortgage guarantee first. After paying off the purchase price, the real estate development unit will transfer the property right to the mortgage beneficiary, and all property rights certificates will be held by the mortgagor.
4) Mortgage and mortgage involve different parties. Mortgage generally involves two parties: the mortgagor and the mortgagee generally do not need a guarantor, but simply "borrow things to borrow money". Mortgage is carried out when the mortgagor has not obtained the ownership of the house, and the original owner or owner is needed as an intermediary to realize the lawsuit in the state of separation of money, property and rights. Therefore, the original owner or owner often acts as a guarantor, so there are three parties to the mortgage: the mortgagor, the beneficiary of the mortgage and the guarantor of the mortgage. . I hope I can help you. The above contents are for reference only.