It seems Loan Servicing companies are pushing their delinquent borrowers to do a Deed-In-Lieu rather than a Short Sale. This has been cause for speculation among Realtors doing Short Sales. Why would the banks want to do DIL in a down market (Florida), when a Short Sale now would net them more money and help the homeowner get their lives and their credit back? I have a saying: Everyone works their pay plan. Find out who gets paid and you’ll understand their behavior. In this case, of course lenders are pushing Deed-In-Lieu. Look at their pay plan:
- They avoid all the legal costs inherent in a foreclosure.
- They get to sell or rent the property (and at the very least, preserve it).
- They can pursue the borrower for the deficiency afterward.
- They can insert fine print in the DIL agreement preventing the homeowner from filing any future claim against the bank for wrongdoing (e.g., robo-signing).
Deed-In-Lieu means the borrower gives the deed to the bank instead of relinquishing it through the foreclosure process. It releases the lien on the property but the debt is not forgiven. It’s also called “Friendly Foreclosure” because IT IS STILL A FORECLOSURE!!! Ever had a car repo’d? Whether you send Ford the keys or they come get the car…it’s still a REPO.
Filed under: avoid foreclosure, bank foreclosure, foreclosure, loan modification, mortgage, Mortgage Debt Relief, Short Sale, st petersburg, Stop Foreclosure | Leave a Comment
Tags: Forclosure, Foreclosure Prevention, Foreclosure Rescue, loan modification, Loss mitigation, Mortgage Debt Relief, Short sale, St Petersburg, Tampa Bay
St. Petersburg FL – I am following up on a question from Arman. His loan was owned by Fannie Mae and the company handling the loan for Fannie Mae was rejecting an excellent Short Sale offer for no reason.
Discover how other sellers successfully did a short sale to avoid foreclosure by clicking here.
Here is a quick recap of possible steps that Arman could take:
Step #1: Call his lender and demand a written letter explaining why they are declining the Short Sale offer.
Step #2: Write down what his projected personal losses are going to be if the property is foreclosed upon instead of sold as a Short Sale.
Step #3: Call his lender and tell them that, if the Short Sale offer is rejected and the house is foreclosed, he has documentation ready to present in a legal action to recover his losses, specifically, those he detailed in Step #2.
Here is the basis for Arman’s argument:
First, the company handling his loan is not his lender. That company (in this case, a company owned by IBM) was hired by Fannie Mae to service the loan by collecting payments and to act in Fannie Mae’s best interest. By not accepting the higher Short Sale offer, they were not doing everything they could to help Fannie Mae net the most money from the property sale.
As the mortgage owner, Fannie Mae had a duty to minimize its losses and was negligent in allowing their servicing company to operate against the best interests of Fannie Mae, resulting in negligence toward the homeowner.
As a result of their negligence, Arman will have a foreclosure on his record. We all know that a foreclosure will be much more damaging to his credit history, but he will have other damages from a foreclosure. In a Short Sale, the lien is released and the debt can be fully forgiven. In a foreclosure, the debt is not forgiven and Arman would owe the difference between the unpaid mortgage and the sale price of the home. Since foreclosed properties sell for 20% less than comparable Short Sales, he would owe and be pursued for a much higher amount.
Arman believes that, when he gets in front of a jury to show how this company’s negligence caused Fannie Mae to lose $15,000 on the sale of the home and that it hurt him financially as well, the jury will award damages in a heartbeat.
In tomorrow’s blog post I will detail the specific damages Arman might ask to be compensated for by the lender.
Thinking about a short sale? I can help you short sale your property and never pay the bank another penny. Send me an e-mail at jennie@blackburninvestors.com. I will contact you for a free consultation.
When we talk, I will explain how the process works in detail. If you prefer, then you can call me at 727-599-5418.
Discover how other sellers successfully completed a short sale and request a free consultation by clicking here.
Thinking about a loan modification? Our St. Petersburg Loan Modification Kit has the instructions you will need to get a loan modification approved with your lender. Click here to request a copy.
Thanks for reading this, Jennie Blackburn.
Jennie is a Real Estate Agent at Blackburn Investors Realty.
Phone: 727-599-5418. jennie@blackburninvestors.com.
Rebuilding lives…one home at a time.
Jennie Blackburn specializes in loan modification assistance and short sales in St. Petersburg Florida. St. Petersburg Loan Modification Help, St. Petersburg Short Sales. St. Petersburg Short Sale Realtor. Short Sale Realtor. St. Petersburg FL Short Sales. St. Petersburg Realtor.
Copyright 2010 SFI Marketing Institute, LLC. All Rights Reserved. This is not intended as legal, technical, or tax advice. Please speak with a licensed professional before making any decision. Information is deemed reliable but not guaranteed as of the date of writing. The views expressed here are Jennie Blackburn’s personal views and do not reflect the views of Blackburn Investors Realty. This information on St. Petersburg Short Sales: Are homeowners able to sue their lender for damages after a foreclosure is provided as a courtesy to our viewers to help them make informed decisions.
Filed under: avoid foreclosure, bank foreclosure, Fannie Mae, foreclosure, loan modification, mortgage, Short Sale, st petersburg, Stop Foreclosure, Uncategorized | Leave a Comment
Tags: Forclosure, Foreclosure Prevention, loan modification, Loss mitigation, Mortgage Debt Relief, Short sale, St Petersburg, Tampa Bay
St. Petersburg FL – The Stop Foreclosure Institute recently received a question from Arman.
Here is his question:
I am a Seller trying to avoid foreclosure. My agent has a buyer and his offer is with the lender from last seven months. Now the lender told us that Fannie Mae investor refused the short sale offer and the house is going to foreclosure early next week. The lender’s own appraisal shows the house is worth $120K. The offer we have is for $150K. I told the lender that it is unlikely they will receive and offer for 150k after the foreclosure. She replied and said, ‘We or some of our investors will buy it!!!’ I don’t want a foreclose on my record. Is there anything I can do to stop the foreclosure? Thanks a lot for your help…Arman
Discover how other sellers successfully did a short sale to avoid foreclosure by clicking here.
Arman gave me more details. I will relate them here and then tell you what I recommend that he do. He told me the loan is owned by Fannie Mae, and a third party lender is “servicing” the loan for them.
I have negotiated many short sales. The only reason a lender should turn down a short sale is when their numbers (from an actuarial viewpoint) show that they will reduce their losses with a foreclosure. That has always been the case on any short sale I have ever negotiated. (Or I should say most of them. Some have been rejected for other reasons, but they are almost always monetary reasons.)
Here was my recommendation to him:
Step #1: Call up and demand a written letter explaining why they are declining the Short Sale offer.
Step #2: Write down what your projected damages will be if the property is foreclosed upon instead of sold as a Short Sale.
Step #3: Call up the company handling the loan servicing for Fannie Mae. (Remember, the loan servicing company is not your lender. They are paid by Fannie Mae to do their job in a competent manner.) Tell them if they reject the Short Sale for no reason and the house is foreclosed, then you will be suing them for the specific damages you outlined for them in Step #2.
Thinking about a short sale? I can help you short sale your property and never pay the bank another penny. Send me an e-mail at jennie@blackburninvestors.com. I will contact you for a free consultation. When we talk, I will explain how the process works in detail. If you prefer, then you can call me directly at 727-599-5418.
Discover how other sellers successfully completed a short sale and request a free consultation by clicking here.
Thinking about a loan modification? Our St. Petersburg Loan Modification Kit has the instructions you will need to get a loan modification approved with your lender. Click here to request a copy.
Thanks for reading this, Jennie Blackburn.
Jennie is a Real Estate Agent at Blackburn Investors Realty.
Phone: 727-599-5418. jennie@blackburninvestors.com.
Rebuilding lives…one home at a time.
View My homes for sale at www.StopFloridaForeclosureNow.com.
Jennie Blackburn specializes in loan modification assistance and short sales in St. Petersburg Florida. St. Petersburg Loan Modification Help, St. Petersburg Short Sales. St. Petersburg Short Sale Realtor. Short Sale Realtor. St. Petersburg FL Short Sales. St. Petersburg Realtor.
Copyright 2010 SFI Marketing Institute, LLC. All Rights Reserved. This is not intended as legal, technical, or tax advice. Please speak with a licensed professional before making any decision. Information is deemed reliable but not guaranteed as of the date of writing. The views expressed here are Jennie Blackburn’s personal views and do not reflect the views of Blackburn Investors Realty. This information on Question from homeowner: I want to avoid foreclosure, but my lender won’t let me is provided as a courtesy to our viewers to help them make informed decisions.
Filed under: avoid foreclosure, bank foreclosure, Florida Real Estate, foreclosure, loan modification, mortgage, Short Sale, st petersburg, Stop Foreclosure, Uncategorized | Leave a Comment
Tags: Forclosure, Foreclosure Prevention, loan modification, Loss mitigation, Mortgage Debt Relief, Short sale, St Petersburg, Tampa Bay
St. Petersburg FL – Negotiating short sales is tough. In my opinion, some of the banks are not making good financial decisions. “We won’t approve the file without the financials completely filled out,” they say.
Or, they tell you the numbers won’t work when the investor guidelines actually say to approve the short sale. If the agent doesn’t know who owns the loan (or their short sale guidelines), then the bank negotiators can lie to them. They don’t know any better. Let me give you an example.
The Stop Foreclosure Institute recently closed a short sale where the owner of the loan was the Federal National Mortgage Association, also called Fannie Mae.
The bank’s appraiser said the home was worth $220,000. Because of prior experience with Fannie Mae Short Sales, I knew what percentage of the appraised value that they would accept. The short sale offer being presented would net them $6,000 more than that number.
The negotiator countered. She said the buyers needed to pay even more for the house. We asked the buyers if they would raise their offer.
The buyers told us that it was their highest offer. They had looked at many other homes for sale. If their offer wasn’t accepted, they already had another home in mind to purchase.
Most agents don’t know the guidelines for short sales. They would have taken the short sale negotiator’s answer at face value. As a result, the short sale would have been rejected.
The buyer would have bought the other house and the seller would be at risk of losing the home to foreclosure.
Fortunately, we knew the short sale guidelines. Because we knew the numbers and the guidelines, we were able to push the negotiator for an approval. The file was approved and the sale closed a little while later.
Thinking about a short sale? I can help you short sale your property and never pay the bank another penny. Send me an e-mail at jennie@blackburninvestors.com. I will contact you for a free consultation.
When we talk, I will explain how the process works in detail. If you prefer, then you can call me at 727-599-5418.
Discover how other sellers successfully completed a short sale and request a free consultation by clicking here.
Thinking about a loan modification? Our St. Petersburg Loan Modification Kit has the instructions you will need to get a loan modification approved with your lender. Click here to request a copy.
Thanks for reading this and I welcome your comments.
Jennie Blackburn, Realtor, CDPE, Certified HAFA Specialist
Jennie is a Real Estate Agent at Blackburn Investors Realty.
Phone: 727-599-5418. jennie@blackburninvestors.com.
Rebuilding lives…one home at a time.
View My homes for sale at www.BlackburnInvestors.com.
Jennie Blackburn specializes in loan modification assistance and short sales in St. Petersburg Florida. St. Petersburg Loan Modification Help, St. Petersburg Short Sales. St. Petersburg Short Sale Realtor. Short Sale Realtor. St. Petersburg FL Short Sales. St. Petersburg Realtor.
Copyright 2010 SFI Marketing Institute, LLC. All Rights Reserved. This is not intended as legal, technical, or tax advice. Please speak with a licensed professional before making any decision. Information is deemed reliable but not guaranteed as of the date of writing. The views expressed here are Jennie Blackburn’s personal views and do not reflect the views of Blackburn Investors Realty. This information on St. Petersburg Short Sales: How to know when the short sale negotiator is lying to you is provided as a courtesy to our viewers to help them make informed decisions.
Filed under: avoid foreclosure, bank foreclosure, Florida Real Estate, foreclosure, loan modification, mortgage, Short Sale, st petersburg, Stop Foreclosure, Uncategorized | Leave a Comment
St. Petersburg FL – What do you do when the house won’t sell for any more money, but the bank keeps on rejecting the offers? You can give up, but the seller may lose their home to foreclosure.
Ouch! Why not escalate the file and get it approved? Here’s an example of how it worked for the Stop Foreclosure Institute.
We had a house on the market for 4 months. We started the price at 200k and slowly brought it down to $169,900. We finally got an offer for $159,000. Since I knew the bank’s appraiser’s valuation, I knew the offer wouldn’t work.
The bank’s appraiser said the house was worth $195,000. Yes, after we had had the house on the market for 4 months!! Because I knew the loan owner’s guidelines, I knew that that current offer of $159,000 didn’t have a shot at getting accepted.
In order to get this file through, I had to do two things:
- Convince the bank that their valuation was inaccurate and that they should order a new value.
- Escalate, escalate, escalate the file!
Thing #1:
I send my own opinion of value, also called a Comparable Market Analysis, along with comparable homes for sale. I explain that the valuation they were using is inaccurate and that they needed to order another one.
Thing #2:
I ask for the bank negotiator’s supervisor’s contact info. Remember, most of our communications are e-mail. Two-thirds of the time they will e-mail me back the supervisor’s info. The other one-third of the time they will just start doing a better job on the file.
If the new bank appraiser’s valuation comes back within range, they will approve the file and we can close. On the subject house, the new appraiser’s valuation came back within range. We received an approval on the short sale and it closed a little while later.
Thinking about a loan modification? Our St. Petersburg Loan Modification Kit has the instructions you will need to get a loan modification approved with your lender. Click here to request a copy.
Thinking about a short sale? I can help you short sale your property and never pay the bank another penny. Send me an e-mail at jennie@blackburninvestors.com. I will contact you for a free consultation.
When we talk, I will explain how the process works in detail. If you prefer, then you can call me at 727-599-5418.
Discover how other sellers successfully completed a short sale and request a free consultation by clicking here.
Thanks for reading this,
Jennie Blackburn, Realtor, CDPE, Certified HAFA Specialist
Rebuilding lives…one home at a time.
Phone: 727-599-5418. jennie@blackburninvestors.com.
View My Information at www.StopFloridaForeclosureNow.com.
Jennie Blackburn specializes in loan modification assistance and short sales in St. Petersburg Florida. Jennie is a Real Estate Agent at Blackburn Investors Realty. St. Petersburg Loan Modification Help, St. Petersburg Short Sales. St. Petersburg Short Sale Realtor. Short Sale Realtor. St. Petersburg FL Short Sales. St. Petersburg Realtor.
Copyright 2010 SFI Marketing Institute, LLC. All Rights Reserved. This is not intended as legal, technical, or tax advice. Please speak with a licensed professional before making any decision. Information is deemed reliable but not guaranteed as of the date of writing. The views expressed here are Blackburn’s personal views and do not reflect the views of Blackburn Investors Realty. This information on St. Petersburg Short Sales: What to do after the lender rejects the short sale offer is provided as a courtesy to our viewers to help them make informed decisions.
Filed under: avoid foreclosure, bank foreclosure, bank of america, boa, Florida Real Estate, foreclosure, loan modification, mortgage, Mortgage Debt Relief, Short Sale, st petersburg, Stop Foreclosure | Leave a Comment
5 Reasons Foreclosure Prevention Is Like Halloween
1. Tricks
I don’t know if kids do this anymore, but I remember part of the fun, the anticipation, of Halloween was coming up with a “Trick” to offer in exchange for candy – a joke, rhyme, hand stand, armpit noise or, if you were desperate, a song. Foreclosure prevention is like that, except sometimes the trick is on the homeowner. You go to the lender’s door, ring the bell, ask for short sale approval and the bank requests a trick. You do the trick, even though it’s ridiculous (e.g., provide the birth certificate of your childhood pet), stick out your palm for your treat…and…and…what the?!…the lender requires another trick. Six months worth of tricks and you might get a treat.
2. Treats
Possibly the best part of Halloween – the treats! For a kid, heaven is having to use two hands to lug home a pillowcase weighed down with candy. Sorry, there is no candy in short sales. But there are treats. For a homeowner, the treat is to “hit the reset button”, to be released from an oppressive situation & constant lender harassment, without the stigma of foreclosure. For lenders, the treat is being spared the cost to preserve vacant property and the legal cost involved in foreclosure.
3. Costumed Characters
Every year, the National Retail Federation publishes a list of the most popular costumes (Michael Jackson in 2009; Spiderman in 2004), but some costumes are classic: Zombie, Super Hero, Vampire, Witch. I have yet to encounter Spiderman in any short sale transaction, but I’m convinced that a prerequisite for hire as a bank’s short sale negotiator is Zombiehood. Bank Negotiators and Zombies. Not. Human. Not human! Both have that risen-from-the-dead, jerky, robotic shuffle. And they l-l-l-o-o-o-v-v-v-e feasting on human flesh. As a Realtor specializing in short sales, I have witnessed scenes of chaos and panic as whole neighborhoods are consumed by Hells Fargo’s (Goo-For-Brains) Zombies.
4. Terror
Halloween and Short Sales elicit more than just fright; they both give birth to Terror. Fright is like a sudden shock – painful, but not enough to leave a noticeable scar and it’s over quickly. Terror implies something more intense. Dictionary.com’s definition of terror is “extreme fear in the presence of danger or evil”, and describes it as “prolonged…and may refer to imagined or future dangers”. For months, homeowners behind on their mortgage payments (1 of 5 Florida homeowners) dread opening the mail or answering the phone. They lose sleep at night, imagining the worst, nightmare images of the Bank of Evil tossing their belongings in the street as the neighbors look on. Halloween terror is also prolonged, but only until the movie is over.
5. Spooky Houses
For homeowners, the place that once represented the future, their piece of the America Dream, is now laced with cobwebs. Windows that formerly framed Norman Rockwell holiday scenes are now hidden behind tightly drawn curtains. Crabgrass replaces flower beds. Picket fences, once proudly painted white, fade to gray in the moonlight.
Disclaimer: My husband, the historian, read this and explained that “trick or treat” actually referred to a bribe, as in, “Hand over the sweets and I won’t egg your house.” Whatevs, Honey
Filed under: Florida Real Estate, Mortgage Debt Relief, Short Sale, Stop Foreclosure, Uncategorized | Leave a Comment
Tags: Avoid foreclosure, Foreclosure Prevention, Foreclosure Rescue, home foreclosure, Loss mitigation, redington foreclosure, st petersburg foreclosure, Stop Foreclosure, Tampa Bay, tampa bay short sale
Filed under: Florida Real Estate, Mortgage Debt Relief, Stop Foreclosure, Uncategorized | Leave a Comment
Tags: Avoid foreclosure, condo association foreclosure, condo dues, condo fees, condo foreclosure, florida short sales, Loss mitigation, maintenance fees, Short sale, Short Sale Negotiation, special assessments, tampa bay short sale
I almost flipped when I saw this headline! Finally, the nasty games mortgage servicing companies play are being brought to light. I’ll bet we see more of these articles and lawsuits. And I’m willing to wager that this sounds familiar to homeowners:
- Failing to credit homeowners who submitted their payments on time.
- Falsely claiming that homeowners did not make payments so they could justify charging late fees.
- Failing to credit homeowners even after withdrawing funds directly from borrowers’ checking accounts.
This is such a common refrain. I’ve heard about these tactics from s-o-o-o-o many homeowners — all with different lenders. AHMSI is being held up as an example, but they’re far from being the only offender.
Please share your experience with this situation by responding to this blog, or sending me an email: jennie@blackburninvestors.com.
Sincerely,
Jennie Blackburn, Realtor®, CDPE©, Licensed Mortgage Broker
Know Someone in Financial Trouble? Send them to:
http://www.StopFloridaForeclosureNow.com
http://jennieblackburn.wordpress.com
Main (727) 322-2900 Cell (813) 951-0618 Fax (727)499-9584
Filed under: Florida Real Estate, Mortgage Debt Relief, Short Sale, Stop Foreclosure | Leave a Comment
Tags: AHMSI, American Home Mortgage, bank, Forclosure, Foreclosure Prevention, Foreclosure Rescue, foreclosure vs short sale, Gulf Coast, Gulfcoast, home, homeowner, lender, loan modification, Loss mitigation, mortgage, mortgage crisis, Mortgage Debt Relief, negotiation, Pasco, Pinellas, save our home, St Petersburg, Tampa, Tampa Bay
Short Sales are like the title of a new film starring Meryl Streep and Alec Baldwin… “It’s Complicated”.
Today, I wish all our Short Sale listings were Wells Fargo FHA loans. Their guidelines are specific and the process is predictable. But the one we just closed in Palm Harbor, Florida, was ridiculous – a comedy of errors that took 16 months to close. Here’s what happened:
The FHA has always had strict rules for Short Sales, and sixteen months ago, we found that those rules were designed for normal markets. We listed the house and let Wells Fargo know that we were attempting a Short Sale. Almost immediately, they told us they were ordering an appraisal. By the time I got a call from the Appraiser, we had an offer for $135,000. The appraisal came back at $124,000.
Perfect, right? Should be a no-brainer for the bank and a slam dunk for us.
But Wells Fargo denied approval for the Short Sale and closed the file. Why? Because the appraisal was less than 60% of the loan value. Makes no sense, right? They were getting more than what their own Appraiser said it was worth! It took a lot of hammering on the Wells Fargo negotiator and higher ups within the company to get them to see that there was no way they would ever get 60% of the loan value for the house, and that they should approve the Short Sale at $135,000. By the time they finally issued the approval, our buyer had walked away and home values had collapsed.
Months go by and the best offer we can get is $117,000. In March, Wells Fargo countered at $124,000. The buyer said no thanks and walked away. Finally, we got a third offer for $124,000 from a qualified buyer. Wells Fargo told us everything was taken care of and they were just waiting for the approval letter.
A week, two weeks go by – no letter and we can’t get our negotiator to call or email us. Turns out, the file had been transferred to a different negotiator, the first of many transfers of this file as Wells Fargo struggled to handle the influx of foreclosures. More time passes; each negotiator asked for new paperwork or came up with some new form that had to be signed. It was so ridiculous, giving them the same paperwork over and over. We kept escalating up the ladder at Wells Fargo. It was only when we got to the Vice President level that the file moved forward. But it had taken so long that the appraisal expired and had to be done again.
By the time we F-I-N-A-L-L-Y got the approval letter, financing had dried up and the buyer that qualified in April no longer qualified in September. We put the house back on the market and eventually got a cash offer for $124,000, which closed two days ago.
By my calculations, I made less than minimum wage for all the hours I spent on this. So why in the heck would I continue to list Short Sales? Because it’s not possible to put a value on the feeling I get from helping a young couple put their hardship behind them and get a fresh start on a new life.
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My New Favorite Restaurant
My new favorite Vietnamese restaurant is…drumroll…MEKONG on US 19 in St Pete, just south of 62nd Avenue. WoW! They had my favorite: broken rice with pork chop, shredded pork skin (tastes better than it sounds), salad and soup for $5.95. While the fish sauce at Pho Quyen is yummy, mild and sweet and Halong Bay’s version is a little too spicy for this Mama Bear, the4 fish sauce at MEKONG is j-u-s-t right. A little kick, not too sweet, not too sour, not too spicy. Pour that on your meat and rice, take a bite, then eat some fresh salad to cool off those taste buds. Bill had curry chicken, which had a heavenly sauce. Not too spicy, and a hint of sweetness. I had a tiny bit of order envy. We both had the fresh spring rolls for appetizer, served (for once!) with generous servings of peanut sauce.
Last, but not least, we had (our friend Bonnie’s favorite) Vietnamese coffee. It’s served with a Vietnamese “filter”, which is a miniature coffee pot that looks like a hat and sits on top of the coffee cup. As the coffee brews, it drips into the cup, which is lined with condensed milk. When it’s done brewing, stir the coffee until it blends with the condensed milk. I like to pour the mixture into an ice cube filled glass. It’s delicious.
I’ll still go to Pho Quyen because the food is good and the people are so nice, but Mekong is at the top of my list.
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Recent Entries
- 4 Reasons Banks Are Pushing Homeowners Into Deed-In-Lieu Instead Of Short Sale
- St. Petersburg Short Sales: Are homeowners able to sue their lenders after a foreclosure?
- Question From Homeowner: “Why won’t my lender let me avoid foreclosure?”
- St. Petersburg Short Sales: How To Know When The Short Sale Negotiator Is Lying
- St. Petersburg Short Sales: What To Do After The Lender Rejects The Short Sale Offer
- 5 Reasons Foreclosure Prevention Is Like Halloween
- Condo Fees In A Florida Foreclosure: Who Pays?
- Mortgage Company Charged with Violating Debt Collection Laws
- Tampa Bay Short Sales Complicated? Hardly…
- My New Favorite Restaurant
- Loan Modification: Why The Bank Won’t Work With You
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