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最高额抵押贷款简便的特点有利于业务发展,但最高额抵押财产被查封时,部分业务人员因对最高额抵押的相关法律规定不熟悉或存在理解上的偏差导致操作不当,易引发法律风险。本文从商业银行作为抵押权人的角度,对最高额抵押财产被法院查封后导致债权确定的法律风险进行分析,并提出防范和控制法律风险的建议。
The simplest features of maximum mortgage loan are conducive to business development. However, when the maximum amount of mortgaged property is sealed up, some business personnel may be exposed to legal risk due to improper operation due to unfamiliar with the relevant laws and regulations on the maximum amount of mortgage or improper understanding. From the perspective of commercial banks as the mortgagee, this article analyzes the legal risks that led to the determination of the claims after the most mortgaged property is sealed up by the court, and puts forward suggestions on preventing and controlling legal risks.