Legal analysis: Guarantee and mortgage are not the same thing. Guarantee refers to a contract in which the creditor requires the debtor to provide guarantee to the creditor in order to ensure the realization of its creditor's rights in economic activities such as lending, buying and selling, cargo transportation, and processing contracting. There are five types of guarantees: guarantee, mortgage, pledge, lien and deposit. A mortgage is a form of security. Mortgage is also a guarantee, and guarantees are divided into physical guarantees and third-party guarantees. A physical guarantee is actually a mortgage, such as using the property rights of a property as collateral to apply for a loan from a bank; and a third-party guarantee means that a third party or a guarantee company assumes joint and several guarantee and guarantee responsibilities to apply for a loan from a bank

Legal basis: "The People's Republic of China and the Civil Code"

Article 392: If the guaranteed creditor's rights are guaranteed by both physical and human guarantees, the debtor fails to perform the due debt or the party In the case of realizing the security rights as agreed, the creditor shall realize the creditor's rights in accordance with the agreement; if there is no agreement or the agreement is unclear, and the debtor himself provides the security of the thing, the creditor shall first realize the creditor's rights with respect to the security of the thing; if a third party provides a guarantee of the thing , the creditor can realize its claim on the security of the property, and can also request the guarantor to bear the guarantee liability. After the third party providing the guarantee assumes the guarantee liability, it has the right to recover from the debtor.

Article 394: In order to guarantee the performance of a debt, the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, and the debtor fails to perform the due debt or the fulfillment of the agreement between the parties occurs. In the case of a mortgage, the creditor has the right to receive priority payment on the property. The debtor or third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property providing guarantee is the mortgaged property.