Transfer of Debt Extinguishes Original Creditor's Right to Enforce Accessory Mortgage

A seller, having transferred the right to collect a debt to a third party for consideration, subsequently sought to enforce a mortgage securing that debt against the debtor, but the debtor successfully argued that the transfer of the credit extinguished the accessory right of the mortgage because the principal obligation, having been sold, was no longer held by the original creditor. The Court of Cassation upheld the lower court's decision, reasoning that when the principal obligation is transferred, the accessory guarantee, such as a mortgage, is transferred with it to the new beneficiary, and thus the original creditor loses the right to enforce that security, as the accessory right cannot survive the separation from the principal right it secures.