Is a mortgage the same as a debt bond? What is the difference between a mortgage and a bond

Difference Between Mortgage and Bond:

Mortgage, known as mortgage in the banking or real estate world, refers to the act of providing private assets (whether immovable or not) as debt security, and mostly occurs when the bank lends a mortgage loan when purchasing real estate or discounts non-immovable items at a pawnbroker.

The purpose of the mortgage is mainly to ensure that the creditor has the right of priority to be repaid when the debt is not performed, and this priority right of repayment is realized by setting up the value of the physical form of the mortgage, so the mortgage is a legal guarantee act that takes the physical form owned by the mortgagor as the subject of the mortgage and the way of non-transfer of ownership and right of use as the debt guarantee.

Bonded assets refer to the physical assets or property rights of banks and other financial institutions that are repaid to the debtor, guarantor or a third party by exercising their creditor's rights or security interests in accordance with the law.

Mortgage Mortgage means that the debtor or a third party does not transfer the possession of the property listed in Article 34 of the Security Law, and uses the property as security for the creditor's rights. Mortgage is an important feature of the loan contract, when there is collateral, the security of the bank's lending will be improved, but at the same time, the borrower's cost will also increase, because of this, the borrower is willing to pay the bank less interest, and the bank may not be more profitable. Collaterlization, which gives lenders the right to legally seize specific business assets in the event of default, is widely used to reduce the incentive issues associated with lending (i.e., making specific assets available to lenders when defaults occur).

Collateral refers to the property for which security is provided. A mortgage contract refers to a written agreement between the beneficiary creditor and the mortgagor confirming the mortgage rights and obligations between them. Mortgage means that the debtor or a third party does not transfer the possession of the property, but uses the property mortgage as security for the creditor's rights, and when the debtor fails to perform the debt, the creditor has the right to be repaid in priority by discounting the mortgaged property or auctioning or selling the mortgaged property in accordance with the law.

The biggest difference between mortgage and debt redemption is whether the owner of the property has changed. The mortgage is the property or the owner, and the debt is a debt problem, and the ownership changes!

The mortgage means that the thing temporarily belongs to the other party, and the ownership is still yours. Debt redemption means that you give ownership to the other party.

The biggest difference between mortgage and debt redemption is the difference in ownership, that is, property rights.

The biggest difference between mortgage and debt redemption: whether the owner of the property has changed.

Legal analysis: Mortgage of creditor's rights generally refers to the agreement between the mortgagor and the mortgagee in writing, not to transfer the possession of the mortgaged property, and to set the creditor's right instead of the property as security. When the debtor fails to perform the debt, the creditor has the right to discount the creditor's right in accordance with the law, or obtain the price through auction, sale of the creditor's right in the knowledge of the bureau, etc., to give priority to the repayment of the debt.

Legal basis: Article 394 of the Civil Code of the People's Republic of China Where the debtor or a third party does not transfer possession of the property and mortgages the property to the creditor in order to guarantee the performance of the debt, the debtor fails to perform the due debt or the mortgage rights are realized as agreed by the parties, and the creditor has the right to be repaid in priority for the property. The debtor or third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for by the guarantee is the mortgaged property.

Legal Analysis: Mortgage and debt redemption are not the same. Difference Between Mortgage and Bond:

Mortgage, known as a rift mortgage in the banking or real estate industry, refers to the act of providing private assets (whether real estate or not) as debt security, and mostly occurs when the bank lends a mortgage loan when purchasing real estate or discounts non-real property items at a pawnbroker. The purpose of the mortgage is mainly to ensure that the creditor has the right of priority to be repaid when the debt is not performed, and this priority right of repayment is realized by setting up the value of the physical form of the mortgage, so the mortgage is a legal guarantee act that takes the physical form owned by the mortgagor as the subject of the mortgage and the way of non-transfer of ownership and right of use as the debt guarantee. Debt-bonded assets refer to the assets or property rights of banks and other financial institutions that are repaid to the debtor, guarantor or a third party for exercising creditor's rights or security interests in accordance with the law.

Legal basis: Article 388 of the Civil Code of the People's Republic of China To establish a security interest, a security contract shall be concluded in accordance with the provisions of this Law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with security functions.

The guarantee contract is a subordinate contract of the main creditor's rights and debts. If the principal creditor's rights and debts contract is invalid, the guarantee contract shall be invalid, except as otherwise provided by law. After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear the corresponding civil liability according to their fault.

The debtor is a party in the debtor relationship that obliges to undertake certain acts to the other party (creditor) according to the agreed conditions. In the debtor relationship, the debtor is specific, and only the subject of the obligation must bear the obligation to deliver property, provide services, and do or refrain from certain acts to the creditor. A mortgagor is a person who provides mortgage security to creditors in order to guarantee the performance of debts by himself or others.

The mortgagor may be the debtor itself or a third party other than the debtor and the creditor. In mortgage security, the determination of the mortgagor shall be based on the mortgage contract, and the party corresponding to the creditor in the mortgage contract is the mortgagor, and the debtor and the mortgagor may not be the same person. The debtor is the person who directly bears the contractual obligations, and the mortgagor is a kind of guarantor, which guarantees the debtor's performance of the contract on time to the creditor with its own property, so the mortgagor can be a person other than the debtor.

The above is the content of the difference between mortgagor and debtor, first, what can be a mortgagee.

A mortgagor refers to a debtor or a third party other than the debtor who guarantees the performance of the debt by providing a certain amount of property to the creditor as collateral.

The mortgagee refers to the person who has certain rights to the collateral mortgaged by the mortgagor, and the mortgagee is the creditor in the creditor-debtor relationship of the claim secured by the mortgage.

Mortgagor and mortgagee are a pair of legal concepts. After the mortgagor mortgages his property, he still enjoys the ownership of the mortgage, but he cannot dispose of the mortgage at will, that is, his rights are restricted to a certain extent. When the debt cannot be fulfilled when it is due, the mortgagee can be repaid in priority for the collateral, so as to ensure that the claim can be realized.

2. The policyholder and the payer are inconsistent.

A mortgagor is a person who provides mortgage security to creditors in order to guarantee the performance of debts by himself or others. The mortgagor may be the debtor itself or a third party other than the debtor and the creditor. In mortgage security, the determination of the mortgagor shall be based on the mortgage contract, and the party corresponding to the creditor in the mortgage contract shall be the mortgagor.

Article 394 of the Civil Code of the People's Republic of China provides that in order to guarantee the performance of a debt, if the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, the debtor fails to perform the due debt or the mortgage is realized as agreed by the parties, and the creditor has the right to be repaid in priority for the property. The debtor or the third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for by the security is the mortgaged property.