Walter L. Medlin - Page 102

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          evidence of record.  Indeed, on brief, petitioner states that               
          “Mr. Medlin’s testimony clouded by the passage of so many years             
          was not precise.”  We cannot accept petitioner’s unsubstantiated            
          testimony.16                                                                
               If we were to accept petitioner’s unsubstantiated testimony            
          at face value that an installment obligation was pledged as                 
          collateral for loan proceeds, section 453B would be largely                 
          ineffective.  Where as here, no documentary proof has been                  
          introduced to show that petitioner remained personally liable for           
          any failure of the mortgagor’s payment, we cannot accept that the           
          assignment was a pledge of collateral.                                      
               Certainly, the form of the assignment was a sale.  The                 
          assignment of mortgage filed with Osceola County states that Ms.            
          Allen assigned the mortgage to Charles Medlin “in consideration             
          of the sum of” $36,000.  Moreover, petitioner’s instructions to             
          the mortgagor were that direct payments were to be made to his              
          father following the assignment.  Further, although petitioner              
          testified to his continued involvement in the collection of the             
          mortgage, he could not testify definitively as to whether he or             
          Charles Medlin received the mortgage payments.  Nevertheless,               
          petitioner claims that the assignment of the mortgage occurred              


               16Petitioner testified that he signed a promissory note to             
          his father as collateral; however, he did not produce any such              
          note for the record.  Petitioner relies solely on his testimony             
          and cites the fact that records and witnesses have been lost or             
          are unavailable.                                                            




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