Mortgage Enforcement After Property Sale and Partial Payment Acceptance

A contractual agreement stipulated that a debtor had to pay a sum of money upon the sale of a specific property, and this obligation was secured by a mortgage on that same property; when the debtor sold the property but failed to fulfill the payment obligation, the creditor sought enforcement of the secured debt against the purchaser, who argued the creditor had waived the right to claim against the property due to the creditor's prior acceptance of a partial payment directly from the debtor after the sale. The court overturned the lower court's decision, reasoning that the creditor's acceptance of a partial payment from the debtor after the property sale did not constitute a clear and unequivocal waiver of the right to execute the mortgage against the property acquired by the third-party purchaser, as the specific contractual clause tied the debt settlement directly to the property transfer.