Q: On the time limit for commercial banks to dispose of collateral.

When the borrower fails to repay the debt at maturity, China's commercial banks can exercise the mortgage right according to law. Real estate or stock acquired by exercising mortgage or pledge shall be disposed of within one year from the date of acquisition, which is usually called the time limit for disposing of collateral.

The specific calculation method is: from the second day after the maturity date of the bank loan, the outstanding loan of the borrower becomes overdue debt, and the bank can dispose of the mortgage or pledge at any time from this day, that is, discount, sale or auction. According to the law, banks must dispose of collateral or pledged goods within one year, considering the following factors:

(1) The real estate market or the securities market often changes. If the penalty period is short according to the law, the market may be at a low point when the penalty period expires, which makes the bank's debts still not fully recovered. During the one-year disposal period, banks can have enough time to dispose of collateral when the market improves, so as to fully recover debts. If the price of the collateral exceeds the original creditor's rights, the bank shall return it to the borrower. Therefore, this treatment is also beneficial to borrowers.

(2) Bank deposits are a creditor-debtor relationship, and the debtor's repayment of debts is unconditional unless the debtor goes bankrupt. Trust investment and real estate investment are agency relationship and property right relationship respectively. The legal result of agency relationship is borne by the client, and the legal result of property right relationship is borne by the investor. Due to the different nature of the above relationship, the legal treatment results are also different.

(3) The bank savings market is relatively stable. When depositors save money, they consider currency preservation, convenient use and low risk, and interest is not the most important factor; While the stock and real estate markets fluctuate greatly, investors mainly consider profit and are willing to take risks.

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