Creditor's Obligation to Exhaust Personal Guarantees Before Foreclosure

An individual, claiming to be a creditor, initiated proceedings to compel the sale of mortgaged property after the debtor defaulted on obligations secured by a prior judicial decision, but the lower court dismissed the claim because the creditor had not first pursued available personal guarantees stipulated in the initial agreement. The reviewing court upheld the dismissal, reasoning that the creditor was contractually obligated to exhaust recourse against the personal guarantors before proceeding directly to the forced sale of the real estate collateral.