Compared with the third-party supervision method, bank self-regulation can reduce customer financing costs and improve market competitiveness. However, if a bank becomes a supervisor, it will need to
Compared with the third-party supervision method, bank self-regulation can reduce customer financing costs and improve market competitiveness. However, if a bank becomes a supervisor, it will need to select its own custodians, find storage sites, etc., and will inevitably have to deal with the loss of goods, Losses caused by natural disasters, public security risks, moral hazards, etc. shall bear corresponding consequences. In addition, compared with third-party supervision, self-regulation lacks the compensation protection of the warehousing company. Therefore, banks tend to adopt the first method for supervision. However, no matter what method is adopted, the creditor must take the following measures to ensure the safety of the mortgage: First, the mortgagor/custodian is required to provide a report on the mortgage on a regular basis, explaining the current status of the mortgage, the current amount of mortgaged property, etc. The second is to conduct regular or irregular inspections at the mortgage storage location to understand the storage status of the mortgage and check it with the list provided by the mortgagor/custodian. Once any abnormalities are found, property preservation measures should be taken promptly. Third, according to the provisions of the Property Law, if the debtor fails to perform its due debts, the creditor can exercise its right of lien and has the right to receive priority payment for the lien property. For banks, under third-party supervision, if the mortgagor cannot pay the relevant custody fees on time, the custodian will be able to take lien measures on the mortgaged property, which will affect the realization of the bank's mortgage rights. Therefore, the bank should make a clear agreement with the mortgagor on the payment of custody fees for the mortgaged property: the mortgagor is required to pay the custody fees on time. If the mortgagor cannot pay on time, the bank can advance the payment in advance, and the bank has the right to claim the mortgage for the amount. people repay. Through relevant agreements, the payment of custody fees is guaranteed and the realization of the bank's mortgage rights is prevented from being affected by the custodian's exercise of lien rights.