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Foreclosure Law Knowledge Base

New foreclosure law regarding more than one mortgages? I have a friend who is unfortunately being foreclosed on with three mortgages on a single residency. He has a senior mortgage and two junior mortgages. According to current laws, I was informed that it is possible to end the foreclosure by settling only the senior mortgage (Either by refinancing or short-selling) and the two junior mortgages would become irrelevant (Completely eliminated where the lenders would have to write-off the loan as a loss) so as long as we settle the first mortgage. Is this true or in any ways possible? The house is located in Queens, NY.
Is there a new foreclosure law stating a deficiency by a short sale on a primary residence is forgiven? I keep hearing about a new law, that might be part of a presidential order, forgiving the short sale deficiency of a primary residence. Can someone provide confirmation of this new law? If so what are the guildlines, how does it work and what defines a primary residence according to this new law? Everyone who has shared this with me has been in the state of Arizona, is this new law only applicable there?
Do you think the Arizona amendment to the foreclosure law will be repealed? The amendment ( SB1271 ) that makes some homeowners in foreclosure liable for the the difference between their mortgage and what their lender can recoup from reselling the house.
Is there a loophole for the new florida foreclosure law? I work as a loan modification specialist and my firm is a reputable company. We have a A+ rating with the Better Business Bureau and we really help our clients save their homes. Recently a statute passed that prevented companies from collecting upfront money from any home owner in florida that is in foreclosure for services related to saving their home. Of course no one works for free. Is there a way my company can get around this and collect our initial fee?
Foreclosure law in Florida, how long do I have before being removed from my home? All the court process have been dealt with and now I am simply waiting to get kicked out of the house. Does the sheriff just show up in your front door in Florida without notice?
Whats the best online source for foreclosure case law information? best free resource to consult before talking to a lawyer, for foreclosure case law examples and information
How can to use the new law, to stop a home foreclosure, if unemployed? I heard there is a new law, to help unemployed people, who are in foreclosure. If the Notice of Default has been received, how can I stop the sale?
After a foreclosure how much time by law I have? After my house when in to foreclosure June 30 th I got a visit from a real state agent that the lender hire, and he is telling me that I have to move in 10 days, by California law how much time do I have to move, after I receive the eviction notice ????
Legal Responsibility after Foreclosure. Is Florida law the same as California? My home is in foreclosure and wonder if my mortgage co. can try taking money out of my bank account?
Is there a law in Missouri that forces land lords to reveal if the rental property is in foreclosure? I have been reading a lot about instances where unscrupolous people who have homes going into foreclosure are renting the property out without telling the renters and all of a sudden a foreclosure arrives at the residence and the people who just paid rent and a deposit and stuff are being evicted within a couple months. Is there a law on Missouri books that forces land lords to reveal this information prior to renting the property in foreclosure? If not there isn't, there should be.
My mother-in-law is deceased and we just found out that the house is going thru foreclosure, what can we do? My sister in law that was living with my mother in law when she passed was living in the house, then we find out she up and moved. We want to move in but dont want to get put out soon after because of the mortgage company saying its going thru foreclosure. What can we do? SHouldnt we have the right to keep it?
Need help with Arizona law refinancing and or foreclosure? If I were to refinance my home for it's current market value, take my equity then had to foreclose on it in the future, other than a hit to my credit what can happen to me?
Has anyone used the Ticktin Law Group in Florida to defend themselves from foreclosure? I am contemplating retaining them to defend me from foreclosure & wanted to check/hear if anyone else has used them & what their outcome was.
Taxas Law, How do you foreclosure on non-paying buyer for horses? Need to foreclose due to non payment on horses. How do you do it in Texas?
regarding new hampshire foreclosure law... does a defalutee bowwerer get the blance of a sale after fees paid in New hampshire, does a borrower who has defaulted get to keep the balance (after the defaulted loan and fees are paid) on a foreclosed property? In other words, if the balance on the defaulted loan is $50,000 plus $5,000 in fees and at the forclosure auction, thge property goes for $100,000... does the bank get $55,000 and the borrower get $45,000?? Or does the bank get the entire $100,000??? THANKS.
after foreclosure, can your mortgage company make you pay what they lose in a foreclosure sale? I have a first and second mortgage (to avoid PMI) and I am wondering if, after foreclosure, if we are going to be liable finacially for the banks loss, or the difference between our loan balance and what they get in the foreclosure sale? I know that our credit score will be affected, but I am wondering if that is the only repercussion? I also know the laws are different in states I am in Nevada anyone that knows the nevada foreclosure law specifically would be great. I am also wondering once we move out, assuming we do so before notice to evict what role will we, as the homeowners, need to play in the foreclosure process? I have heard that you must fill out a 1099 form for taxes? saying the difference between the amount owed and what the bank gets is roughly 30,000 what would that mean we pay at tax time?
georgia foreclosure law? what are Georgias foreclosure recession laws? How to get help
What area of law should I practice as a paralegal? I have a finance degree and I am going back to get my paralegal cert. I like contract law, corporate law, foreclosure law and bankruptcy. What should I get into?
fla foreclosure law regarding tenant rts after summary judgement? landlord foreclosed on 12 homes purchased house in farmlands fl what happens to tenant after summary judgement lived here for 10 years what to do now disabled viet nam vet 100%
is it against the law to rent a house going into foreclosure? I'm trying to stop a friend from doing this, I was wondering.
What is the Calif Anti-Deficiency Law . I am about to go thru foreclosure and im wondering if this can help ? Trying to short sell my house but no luck ... Might have to foreclose .. Can this law help me . never refinanced my home all it purchase money .
In Texas if you get a letter of foreclosure on your home how long do you have until you have to vacate? My uncle received a letter that his home will be foreclosed on Feb. 3, 2009, I heard that by law you have either 30 or 60 days after the foreclosure date to finish moving out or completely vacate the home. Is that true? He lives in Texas (I wasn't sure if the foreclosure laws varied from state to state) Thanks in advance for any help!!
There is a new law that mortgage lenders have to show attempts at helping customers avoid foreclosure. GMAC? said we do not qualify for the Obama's MHA program. They said our income needs to increase and/or the debts need to decrease. This, even though, payments have always been on time and in full. Is there an appeal process after being denied a loan modification?
which law covers a second mortgage loan after a foreclosure? my home went through forclosure and was sold. I had a second loan on the house and the loan company sent it to a collection agency to try and collect. I believe there is a law that would prevent them from being able to collect on the second.
foreclosure law in nyc? my house is in foreclosure auction, after the auction how long I colud stay in my house
Foreclosure law in Calif.? I am trying to sell my old house and have reduced the price as much as I can. I cannot continue making 2 house payments much longer. If I simply allow the house to go into foreclosure and the proceeds from the foreclosure sale are less that what is owed, am I liable for the difference? The hit I would take on my credit score is not a major concern at this point.
Help understaning foreclosure law / process in Missouri? I live in STL Mo and need help understanding foreclosure processes in Mo. I was told we had to be served by cert. letter 20 days before the sale date, we weren't. We just found out the house is being sold on courthouse steps on 6/10!!! We want to move but don't have enough time now. What is the process of foreclosure in Mo? We the sheriff put us on the street the day after the sale? Will we have to go to court where we can plead our case to the judge to just give us more time (we have 4 children)?? Any help or advice is appreciated ahead of time. We filed a ch. 13 to keep the house in Dec. 07. They hiked the payment in Feb. We spoke to our attys who said we would be served by cert letter of the sale date. We never received the letter, I only found out about the sale date through an advertisement. When I called our mortgage co. they said they didnt have to give us that time. So, we did not know the house was up for sale - they never served us with any papers. Never put anything on our door. All we need is another 30 days, is it possible to try to get that from the lender? Also, do they have to give you time to move out after the sale? I thought there would be a court date or something?? Thanks
What are the foreclosure laws in Arizona? My house was sold in foreclosure due to a mistake by the bank. What is my recourse?
How to enforce this Law? S.896 "PROTECTING TENANTS AT FORECLOSURE ACT"? Say the bank wants to evict the renter right away, wouldn't the renter have 90 days after the judge's order to do so? How does the renter enforce this law into action? What is the procedure?
How do I find out about home foreclosure laws? in Ohio? I need to know if I will be liable for any remaining balance after the bank sells my home or if it would just be a write off?
bush's reform on foreclosure/shortsale law? hi, does anyone know what is going on with bush's plan for people going through foreclosure/shortsale this year? what's your forecast...? will 1099c not be sent? what's the scoop? i might be faced with both this year and worried what is to happen...
Real Estate law regarding foreclosure and tenants rights? First off sorry for the long post but I feel like more details are better than not enough. So I have been living in an apt for 2 years now, rent is around $900 a month. My roommate and I did not have good credit at the time of the signing so they required a double security deposit ($1800) Our lease is expiring and the owner is planning on selling the house (at least that is what we were told). The owner (through a property manager) offered us a reduced rent for signing a month to month lease ($500). I received this "lease" and realized all it is, is an addendum to the original lease. The first page it titled...."Property foreclosure disclosure agreement" Now the property manager did mention that the house may be going into foreclosure that I am fine with. Most of this paper that they want us to sign is informing us that it may be termed early and we have to pay for any costs associated with moving, however, the last paragraph "security deposit and/or advance rent" scares me. It starts as follows: Tenant agrees that the security deposit and/or advanced rent, if any, shall be processed by property manager or owner as per terms of the lease, and tenant agrees that such security deposit and/or last month's rent, if any, may be transferred to the current or the new property owner or property manager at the sold discretion of the property manager, and the tenant holds property manager harmless for any loss of the security deposit, if any. Tenant understands that the security deposit may be at risk in the event of a foreclosure or in the event the monies are transferred to the Owner or new owner. Then at the very bottom in bold: All provisions of the lease shall apply unless in conflict with this addendum in which case this addendum shall apply. I feel like by signing this paper.... which isn't even really a lease... all I am doing is signing away my right to get back my security deposit. Is this a normal legal paragraph? Or should I refuse to sign this? Any help on this matter would be greatly appreciated. My roommate and I have been great tenants always have paid on time maybe a day or 2 late twice in 2 years we have taken great care of the house and literally in 2 years have not needed any work done. My bro-in-law is a mortgage broker and I had him look up the property and we found a couple things odd. First the owner took out a 2nd home mortgage to get this property. I would think it should be an investment property if the owner is renting the property. Also we found out that the condo is not even listed as for sale.... However we have had 2 or 3 people come to look at it with a real estate agent. Please help! Yeah, was asking for answers not a link, and that is the sketchiest website I have ever seen....
Michigan Landlord/Tenant Law on Foreclosure? I am a tenant in Michigan with a lease option that ends in July. The house is now in foreclosure and will be auctioned Feb 15. Not to mention back taxes and waterbill, which I have paid. Do I continue to pay my landlord rent after the sale on Feb 15 or not? I would like to know if he legally can collect rent on the house or does he have to redeem it in order to collect rent on the said house. Please help I am wrecking my brain. Please note I need MICHIGAN law on this one.
Did George Bush create a new law regarding foreclosures? I wanted to know if George Bush created a law regarding foreclosures on homes. I heard he gave a 90 day waiting period for homeowners and banks to work something out. Is this true? If so please explain.
I live in New york Nassau county and would like help with foreclosure laws.? I cant afford the mortgage on my rental property anymore and would like to voluntarily foreclose on it. Would the company be able to put a lien on my residential property although co-owned with my wife. Can anyone help with professional advice?
Does anyone know how quick you canbe issued an ejectment notice after the law date in a strict foreclosure, CT We have received the papers stating the law date which we will no longer own the home...wondering how long it takes for the order of ejectment to happen.
What are the foreclosure laws in Utah? My home in Utah is in pre-forclosure. I know the process and how it works. But once the home sells at auction and is sold for less then what I owe. Can the bank then come after me and garnish wages or my bank account? Any help would be appreciated. Thank you.
Does anyone know about the foreclosure laws in IL? I have a townhome that I can't afford anymore because I lost my job. I have a good job now but I am not making the money I was before. The home is not selling for the price I need it to so I can break even. It seems that my only options are to lower the price and bring a bunch of money to close or forclosure? I have excelent credit now does anyone know of any other options for me?
Florida Real Estate Lease Laws on Foreclosure? We are renters in Florida and we heard that our condo (leased through a private party) may be foreclosed. We don't have a clause in our lease on this issue. I've heard rumors of renters just being kicked out because of foreclosure and I've had legal advice saying the bank has to let you fullfill your lease by law until the end. Does anyone know the laws on this? We can't break our lease without having the pay the rest of our months rent but I don't want to get taken down with them. Thanks
Law question/Foreclosure question, HOA as defendant? Question: Why would the Homeowners Association be named as a defendant on a foreclosure? Mind you, not as the Plaintiff...but a defendant. Thanks all! I thought that might be the case, Landlord. I'm looking at buying a foreclosure, they are nearly through the process. How could I find out how much they owe them? Call the HOA? Then again, if they forclose, isn't that debt wiped off the title, since the are junior lien? Email me if you like, thanks
Foreclosure / Deed in Lieu laws in Missouri What will the process be like??? My husband & I have to sell our first house (we already own our new home) . We have been trying to sell this house since the first of the year, we have tried a short sale, rent to own, even just rent, to get out from under two mortgage payments. However, after two years of trying my husband & I just found out we are expecting! Now, we have to let this other house go back to the bank, as there is no other options. All the realestate agents in my area are telling me that sales are down 32 percent from this time last year. I have contacted my lender & told them of my situation, theyre sending me a short sale package, as well as a deed in lieu package. My question is, is there any reason the bank wouldn't accept a deed in lieu? I have no other liens on the property & it is very comparable to the neighborhood. If not, will they have to abide by MO foreclosure laws since that is where the house is lcoated? MO laws - no defficiency judgements are prohibbited (I won't owe the difference)
I m in foreclosure April 10 is the sale date at the foreclosure sale auction how can I stop is.? Without filing bankcu... My mortgage is 4000 a month. Is it possible to save the house and lower my payments. The bank said they gave and alotment of foreclosures to a law firm . They will not give me that information.
Hello, Is there anyone familiar with foreclosure laws in WA state, my husband lost his house due to foreclosur? Also the house he got here in AZ was sold but a short sale. the house in AZ had two loan mortages, but my question is how come the one mortage company is still sending him the papers on how much he owed when I thought in Az, if its short sale they cant go after him.
I need help with laws in Washington state having to do with disabled people and modification loans/foreclosure? Is there a law in the state of Washington that states that the bank cannot take away a home or put it on foreclosure if a disabled/ handicapped person lives in that home? If so, where can i find this law?
Please only answer if you know real estate law and foreclosure issues? If a servicing company bought a foreclosure property and then sold it at an auction, would the title need to be cleared first, paying off both the first and second mortgage? If not, why not, if so, how can I be sure? I had a second mortgage on a property that sold without paying me off! The second was a "free standing" loan, however it was considered a second mortgage and was listed on the county records as part of the original sale before going into foreclosure, does this mean that I could go after the original buyers of my home, because it was listed as free standing? Thanks!
Under Florida law, if you go through foreclosure? Can u get homestead ememption taken away from you on a future home. Can you lose your car, 401k, stocks? Please site your source. thanks
Question regarding the new federal law - Tenants rights due to foreclosure? I'm a tenant in San Jose, CA and I just signed a lease which will expire in July 1, 2010. Yesterday, I was informed that the house i'm renting at is in foreclosure and it appears the bank will take this house back very soon. I paid a lot of money to move in this house and this is not fair to me. I heard a friend mentioned this new federal law which will grant us the right to stay in this rental house for a period of time. I still have 11 months left on my lease with the landlord. How many months do i have left until the bank can evict me, even though i'm still paying rent to my landlord?
I just went through foreclosure in california. can collection agents call even if im protected by anti-def law I just went through foreclosure in california. can collection agents call even if im protected by anti-deficiency law? I keep getting calls from around 5 diferent collection agencies. Is there anything i can do? are they aloud to call? can i still be sued be the lender? any help would be greatly appreciated. I've seen yahoo users answers in past and you guys are actually pretty smart. Thanks, J-man
Maine foreclosure laws - When tenants have to leave? I have relatives who have had their house foreclosed. The public auction is 9/14/06. When do they have to vacate the property?
How does foreclosure in Ohio work? To keep a long story short, The poor economy has hurt our long term plans and now we are looking into foreclosure of our home in Ohio. Our credit is already pretty bad, probably around 500 right now. Anyway, I've read that foreclosure in Ohio has laws in place that favor banks. I'm basically wondering what the repercussions would be if we decided to foreclose on our home. Would we be excused from the loan and just have a worse credit rating? Would we be able to get a new place in a year in a different state? Would we still owe a portion? Thanks in advance!
I live in Sparks Nevada, my house soon to go into foreclosure, what are the laws and my options? Should I let the house go into foreclosure or should I do a bankruptcy? I don't want to owe the IRS. Please help me!
What are the new laws that came out july 1st about foreclosure and realestate? our home is going to foreclosure soon we have tried every option and just cannot keep it. A friend of mine said that July 1st of 07 new laws where passed. It has been up for sale since april. we were hoping for a short sale but the NH market is soooo slow
real state law question. Foreclosure timetable.? My uncle's landlord has stopped making payments on the house that he rents from her. She told him that the house is being foreclosed and that he can live there for free until the bank evicts him. By his calculations she stopped paying about 4 to 5 months ago. Wanting to take advantage of the offer he needs to know how long will it take for him to get evicted. And will there be any kind of notice before he gets evicted posted on the house giving him an estimated time so he could plan his next move. The landlord has moved and she won't give him notice. Will there be some sort of comunication with the person that actually lives there about the timetable to leave. And again about how long is the process for the bank to actually evict whoever lives on a foreclosed property.
Home foreclosure and the law? We filed for bankruptcy last year and let the house go with it. We had the 6 month period to reclaim it, yadda yadda... which ended Dec 4. We started moving out of the house in August and shortly after, I guess the bank sent someone out to determine that we weren't residing there, the bank had someone literally break the doors down and installed new locks so we can't get in. We still have stuff in the house that we'd like to get back and have never received any notification in writing that the bank had repossessed the property. We still haven't. We called the bank and someone was supposed to call us back about getting in there to get our stuff, but of course they haven't called back and probably won't. The city still holds us with legal ownership, we still get tax bills from the city in our name. My question is, could we get into any trouble, technically, if we broke into our own house to get our things? but they didn't give us 6 months. they changed the locks before the 6 months. that's my question... and we weren't in foreclosure before the bankruptcy.
What are the laws about buying a house after a foreclosure in California? How long after a foreclosure can we purchase another home in California? Any info would be helpful! :) Thanks
how do I get deposit back after my landlord filled foreclosure? my landlord haven't return my deposit after 1 month we move out, then I've sue her for not returning our deposit. However, she went back to Columbia for couple months, just last week, I've receive a letter from law firm said she's filling foreclosure, How do I get my money back?
When buying a foreclosure, can a real estate agent represent an investor in California? I'm in the foreclosure industry and a realtor just recently informed me that by law agents can not represent investors when buying foreclosures. Is this true? And what do you think the ratio is between investors to regular home buyers when buying foreclosures? Please advise
What happens to a home that is in a foreclosure and the owner just recently passed away? My mother in law owned a home and she had been sick the last few months and she passed away.. Is there anyway we can postpone the foreclosure? We need help they are selling the house on December 5th
If a foreclosure process has not begun, can the homeowner sell our appliances? My brother in law has just filed Bankruptcy and included his house. The foreclosure process has NOT begun. Can he sell his appliances without getting in trouble? I don't know whether he purchased them or not after purchasing the house. I know he has filed the BK, but it has not been discharged yet. His Mortgage company has not even begun the foreclosure process. He came to me because my mom is a real estate agent, but she didn't know the answer to this either. Thanks!
how to find out if my rental home is in foreclosure? I'm a mother of 4 and the home I'm renting is in foreclosure. The landlord is denying it but my sister in law is a real estate agent and looked it up. Where can I find these records?
What are the rights for a tenant who has just found out the house they are renting is in pre-foreclosure? A gentleman who rents another home from our landlord brought us information he and his wife had found on the internet that showed the house he is renting and the one my family is renting are both in pre-foreclosure. The owners are denying the houses are in pre-foreclosure when this gentleman asks. They won't return our phone calls. We live in California and are unsure about what pre-foreclosure means and what California real estate laws mean when translated into common terms.
In California, can a person who lost their home to foreclosure buy it back from the next owner? I am told that this is the case in the state of Washington. The previous owner who lost it in foreclosure has up to one year to buy it back for what the new owner paid for it. The new owner HAS to sell it back for that price! I want to buy foreclosure properties in California and flip them, but don't want to put a bunch into it and have to sell it to the previous owner at a loss. Does California have this law? Guess I have to state this. I am NOT asking for free legal advice, nor am I asking what such a law states if it exists. I am ONLY asking does anyone know if there is such a law in California, that's all!
Is the foreclosure law in Mo.different than in Illinois in relation to being behind on 2nd, Current on 1st.? We're 2 months behind on our 2nd. Homecomings Financial (holders of the 2nd) told us we had to fall behind 2 months before they would even talk with us about loss mitigation. Now that we are behind they seem unwilling to talk with us about any hardship options. How long does the typical foreclosure process take? Are we talking a month or a few months?
foreclosure laws of santa rosa county, fl??? we are in foreclosure proceedings with a bank in NY and a realator that specializes in foreclosures based in florida. the bank in NY has hired the realator to secure the property by putting a pad lock on the door denying us access to our property. the bank has assumed that the property has been abondoned. can they legaly break into the house changing the locks without judgment from court and our notification of such. and can they deny us access to our property before the foreclosure date?
If a common law lein in put on title during foreclosure how does that affect the lender? How would they get clear title if there is a common law lein on title?
foreclosure laws? i purchased a home in my name only. i was single. after being in the home almost 2 years i got married. when filing foreclosure. will his credit suffer. he is not on the loan.
How many times can a house go up for foreclosure? Ok I know of a person who has had there house up for foreclosure three with in a year now.Well the next sale is on for Jan. 2nd. I am curious to see how many times it can go up. The property is in Wisconsin and I am going to do some searches on laws. But when we got ready to go to the sale at the last minute the foreclosure was canceled. So how do they keep saving themselves?
Anyone know the foreclosure laws/eviction laws in state of MISSOURI?? Please only SERIOUS answers!!? I've been foreclosed on my mortgage, and the house will sell on the courthouse steps on the 24th of August and I cannot find anyone who can tell me when I have to move out after the foreclosure sale. I've contacted my bank, the attorney representing the bank, the courthouse, sheriff's department, my attorney, and looked on the net. NO ONE can give me a straight answer. I am hoping we have at least 30 days to move, but don't want to be shocked if someone shows up at my door next Thursday and forces us out of the house. We missed 4 pmts on a mortgage that we've had for 14 years, and the bank foreclosed on us.... Please only people who really know what they're talking about respond. I need accurate answers please! Thanks!
Ohio Foreclosure Laws? Our house is being sold at a public auction on Feb. 28th as a result of foreclosure. I am just wondering if anyone knows when we will have to vacate the premises no one has ever told us. I am just debating when we should start looking for another place to live. I have heard it may be 18 months after the sale and then I have heard a week before the sale. if it is a week then we need to hurry up and find a new place.
Can someone explain FORECLOSURE to me? Here is the arizona laws.. I am just wondering how long we have until we have to move out if the forclosure starts july 1st? http://www.realtytrac.com/foreclosure_laws.asp?strState=Arizona THANKS!!
Am I protected under the anti-deficiency statute law in California if i defaulted on my mortgage? I'm one of those unfortunate homeowner who purchased a home during the boom and also got one of those adjustable mortgage. I've been paying my mortgage on time and am not behind on my payment whatsoever. But my payment will start adjusting in a few months and the value of the house has taken a dip and I was told if I want to refinance my current mortgage, I would need to come up with the differences in order for my bank to refi. So my question is this, if I'm not able to come up with the money does that mean I cannot refinance? Am I shit outta luck? I've been responsible for my debt and I got screwed over my loan because my former loan officer did not disclosed those critical terms and loan details. On the closing day at the escrow office, my former loan officer wasn't even there at the signing. She told me just show up and sign the documents and I was naïve and I did it. Do I have a case against this loan officer if I plan to sue her? The bottom line is, if I stop making payments and eventually foreclose the house, does the bank has the right to come after me for the differences that didn't satisfy the loan because of the anti-deficiency statute in California? Am I protected under that law? The house is my primary residence and it has never been refinanced. My current loan is an 80/20 piggy back loan, with a 2yr fixed/adjust every 6 months. I'm just worry that the bank will come after me for the differences if I do foreclose on the loan. Any suggestions? Ideas? Alternatives? Is there any way I can avoid foreclosure? Any government agency I can turn to for help? I'm very stressed out so please advice! Thank you!
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