Legal analysis: Real estate mortgage contract is not a loan contract. Mortgage contract means that the mortgagor sets mortgage guarantee to the mortgagee with certain property. When the debtor fails to perform the debt, the mortgagee may dispose of the mortgaged property according to law, and then receive compensation in priority with the proceeds. A loan contract means that the lender delivers the money to the borrower, and then the borrower repays the principal and interest on time according to the agreement of both parties. Therefore, real estate mortgage contract and loan contract are different. They are different contracts, but there is a certain correlation between them. That is, when the two parties sign a loan contract, the lender can ask the borrower to provide mortgage in order to ensure that the borrower repays the debt on time. At this time, the contracts signed by both parties include loan contract and mortgage contract.

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.