抵押财产被保全系最高额抵押担保债权确定的法定事由之一,但在债权确定的时间节点上,我国相关法律对此规定并不一致。由此引发理论争议,并导致司法实践中的裁判对立,对相关权利人利益影响甚巨。本文从利益平衡及技术可实现性的角度出发,认为因保全所致的最高额抵押担保债权的确定时点应在抵押权人获知保全信息之时,而非保全行为发生之际。 It is one of the legal reasons for the mortgage property to be secured by the maximum amount of mortgage-backed claims. However, the relevant laws in our country are inconsistent with this provision at the time point when the claims are established. This has led to theoretical controversy and led to the opposition of judiciary in judicial practice, which has a huge impact on the interests of relevant obligees. In this paper, from the perspective of balance of benefits and technical feasibility, it is considered that the time for determining the maximum amount of mortgage-backed claims due to preservation should be the time when the mortgagee is aware of the preservation of the information rather than the preservation.