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A loan specialist helps walk you through the application. Then she took a vacation in the middle of our process, too. New User? Us, Delete Service, Contact at 66. Should the customer wish to discuss this over the phone, we can be contacted at 1-800-970-7250 or by fax at 865-380-3418. We again asked if they could email or fax a copy but they said no. Vanderbilt Mortgage And Finance 500 Alcoa Trail Maryville, Tennessee U.S.A. I love the little flex area which is an office with a sliding glass door. Secretary," on behalf of Vanderbilt. Everything was laid out very simply and they were very understanding. The companies assert that they cannot be liable to the Trevinos under 12.002(b), because the Trevinos are not injured person[s] under that section, given that the Trevinos did not sustain any actual damages from the filing of the fraudulent lien. Go to the e-signature tool to e-sign the template. They received their check back from the tax office and voided it on Feb 2022 and put the funds back in my escrow. Technology, Power of RELEASE OF MORTGAGE OR LIEN KNOW ALL PERSONS BY THESE PRESENTS: THAT: Name of Releasor OF: Address of Releasor DOES HEREBY RELEASE AND DISCHARGE A CERTAIN MORTGAGE/LIEN . They answered all the questions I had. That is, the liens provided that the Trevinos' land would be on the line as collateral in the event of default in the performance of any obligation under the Retail Installment Contract hereby secured.. 2:2010cv00067 - Document 56 (S.D. Check your loan documents to see if a prepayment penalty is referenced. We went to a place to get a trailer and they had the loan all set up for us. A lender may provide an insurance claim check packet to guide accessing the funds. If the court rules in their favor, they can file a judgment lien on your real property and, in many cases, any personal property you own. The companies argue that the district court improperly applied Texas's discovery rule for claim accrual in concluding that the Trevinos' claims were not time-barred. Indeed, some of the cases the companies cite demonstrate that statutory damages without any evidence of actual injury is found in other provisions of Texas law.12 The district court did not err in holding that plaintiffs need not show actual damages to recover under Chapter 12. Tex. The defendant must not be haled into a jurisdiction solely as a result of random, fortuitous, or attenuated contacts, or of the unilateral activity of another party or third person. RELEASE BY OBLIGED OF RECORD OF MORTGAGE, LIEN . Plus, with our service, all of the information you include in the Subject: Lien Release - Vanderbilt Mortgage And Finance, Inc. is well-protected from loss or damage through cutting-edge encryption. Vanderbilt Mortgage and Finance (NMLS #1561) is a national housing lender that operates under the umbrella of Berkshire Hathaway. He had paid off Vanderbilt mortgage years ago but Vanderbilt does not release but instead the owner has the burden of getting the lien released. Ins. Nor should a court interpret a legal term, such as mortgage, found in a legal document, in its loose or colloquial fashion. The timelines didn't match up. I was just graduating HS so actual loan was in his name, but put on MY HOMESTEAD property. Prac. This means the borrower has completely repaid their loan to the lender as agreed upon (inclusive of late fees or other required payments by the lender). If I ever reached out, they always answered. 9. 7.) 12.003(a)(1)-(6), in addition to the obligor or debtor or property owner, id. Chapter 12 provides civil liability for persons who make, present, or use a document with: (1) knowledge that the document is a fraudulent lien or claim against real or personal property ; (2) intent that the document be given the same legal effect as a document evidencing a valid lien or claim ; and (3) intent to cause another person to suffer[ ] financial injury. Tex. The companies can point to little textual or caselaw support for their argument that the Legislature's use of the term injured person requires a plaintiff to show actual damages to recover statutory damages under section 12.002(b)(1)(A). Civ. There may be a fee included in the payoff quote. I don't have a whole lot of time when I'm at my job to do stuff and they were very accepting that it might take me a little bit. The companies challenge the judgment on the Trevinos' Chapter 12 claims; the companies request judgment in their favor, a new trial, or remittitur. Includes conventional, USDA, VA and FHA mortgages. Cos. v. Lexington Ins. It works with all types of borrowers, including those without great credit. BBB Business Profiles are provided solely to assist you in exercising your own best judgment. Step 3: File the release of lien. If Loan was Paid Off More Than 7 Years Ago: For loans that have been paid off for seven years or more, we require a copy of the Title or a print out from the Department of Motor Vehicles showing the Vanderbilt lien and the home information (VIN number, year and made of the home). 85, 152 S.W.2d 319 (1941), which held a fraud claim time-barred where a cloud on the title of the plaintiff's property would have been apparent from a review of the public land records: [W]here a person has a right in property, and he claims fraudulent statements were made concerning the title to such property, when the records relating to such title are open to him he must exercise reasonable diligence to discover such defect; and if by the exercise of such diligence he could have discovered such defect and would have known of his right, he is held to have known it, and limitation [sic ] will run against his claim from the time he could have made such discovery by the exercise of ordinary diligence. The jury found that Vanderbilt released the debt owed by Cesar Flores and Alvin King under the Retail Installment Contract as of October 14, 2005, when it filed the Deed of Trust Release. Vanderbilt filed a renewed JMOL challenging that finding, which the district court denied; the court reasoned that the language of the DOT release, read in light of the BML release, was ambiguous with respect to intent to release the underlying debt, creating a fact issue for the jury. Liens arising in the ordinary course of business (1) in favor of . Vanderbilt Mortgage and Finance, Inc. (VMF) is regretful to hear that Mr. and Mrs. Jones were not satisfied with the service that they received from Clayton Homes in Hattiesburg, MS. VMF only provided financing for the purchase, and would advise Mr. and Mrs. Jones to contact Clayton Homes regarding their complaint and stated service issues. Federal Financial Institutions Examination Council, . Just kidding. A lien is a legal claim against a piece of property that is recorded with the local county, giving the lienholder a legal interest in a property. (emphasis added) (citing Andretta v. West, 415 S.W.2d 638, 642 (Tex.1967)). The court denied CHI's Federal Rule of Civil Procedure 60(b)(4) post-judgment motion to vacate the judgment on this basis, concluding that there was specific personal jurisdiction over CHI because CHI marketed mobile homes and the land-in-lieu financing to Texas consumers, the Trevinos' claims arose out of those contacts, and the exercise of personal jurisdiction would not offend notions of fair play and substantial justice.15, In general, whether in personam jurisdiction can be exercised over a defendant is a question of law and subject to de novo review by this court. 3 Advantages to the Biweekly Advantage Mortgage, Common Questions About Loans for Manufactured Home and Land Packages, Welcome to Even Better Security: Multi-factor Authentication Powered by MyHome, Creating Financial Goals for the New Year, *5% Down Payment Reduction (the Reduction). See Poag, 317 S.W.3d at 82627. MARYVILLE, Tenn., Sept. 2, 2020 /PRNewswire/ -- Vanderbilt Mortgage and Finance, Inc., a Berkshire Hathaway company, published a new . The reason we call in is because we are seeeking HELP! Civ. We at Vanderbilt Mortgage and Finance, Inc. apologize for the experience that our customer had. A lien can effect the sale or lease of real estate as a title company will most likely request that the payment be secured before any transaction. 2009). Includes conventional, USDA, VA and FHA mortgages. another divorce get 4months behind pmts were430 month. Each state has a different statutory limit in which the Satisfaction of Mortgage will be required to be filed by. BBB Business Profiles are subject to change at any time. Of those, it closed only 20,610 (about 17%) loans, and it denied 51,289 (about 41%) applications. This is not a. Construction Lien Release Process: the Timeline is Tricky The lien release process can be complicated, it is the catch-22 of construction payment. 12. Mortgage Lien Release: a post-closing document that proves the borrower has paid off the mortgage in full, freeing the loan's lien on the property and giving the title to the borrower. See more for details. Log in with Vanderbilt Mortgage and Finance Sign Into Your Account Username (or User Id) Save Username Forgot User Id or Password ? Some states will require witnesses to be present. All fees, rates, and finance charges are fully disclosed through the origination and closing process. In order to get a copy of his Title he had to send Vanderbilt $ to provide him a duplicate release and all has to be done by snail mail. When you pay off your mortgage loan, your lender must release its lien against your home. Liens are generally granted by a property owner. They do everything that will benefit the company and not the customer. Civ. What happens if my payment gets lost? It is very important to do your own analysis before making any investment based on your own personal circumstances and consult with your own investment, financial, tax and legal advisers. Its location on this page may change next time you visit. You do. Tex. Perez v. Tex. Vanderbilt Mortgage and Finance, Incorporated (Vanderbilt), sued to foreclose against appellees Cesar Flores and Alvin King for defaulting on their installment payments on a mobile home. As the Legislature has found, fraudulent liens have clogged the channels of commerce. House Committee, Bill Analysis, HB1185, 75th Leg. On Consumer Affairs, Vanderbilt gets 4.5 stars based on 176 online customer reviews, and on Google Reviews, the company gets a solid 4.6 out of 5 stars from 2,797 customers. See S.V. Id. How Long Should a Title Company Take to Deliver a Title Policy? Co. v. Knott, 128 S.W.3d 211, 221 (Tex.2003) (citations omitted). Class Action Investigation We expanded our investigation to include possible class action claims against the company. Reliable Mortgage Lien Release Support. at 886. The district court's interpretation is also supported by the structure of Chapter 12. My husband had had an accident where he was out of work for a while, and they were trying their best when they found out. Home Loan Documents and Forms | Vanderbilt Mortgage | Vanderbilt Mortgage and Finance, Inc. Find your 2022 tax documents online. It lets the car be bought or sold without strings attached. We have a large selection of repossessed and foreclosed manufactured homes across America. When a payment is received, it will be applied first to any interest that has accrued on the unpaid Principal Balance, then to Escrow and/or Advances, Service Fees (if applicable) and then to the actual Principal Balance. I advise them that I need them to send me a refund for the taxes I paid in December 2021. of Vt., Inc. v. Kelco Disposal, Inc., 492 U.S. 257, 276, n. 22, 109 S.Ct. Vanderbilt Mortgage does list some service fees, ranging from a $10 fee for assisted. Flores and King responded by claiming they had been released from any underlying debt on the retail installment contract; they counterclaimed that Vanderbilt had unlawfully continued to collect payments on the released debt. That recurring confusion is evident in the assumed-name certificates and is particularly pronounced in CHI's 2002 Securities and Exchange Commission Form 10K annual report, which repeatedly refers to numerous Clayton mobile home entitiesincluding CHI, CMH, and Vanderbiltas one company.. See BP Am. Thanks for the two fifteen-dollar emails. 2023 Electronic Forms LLC. The appropriate parties should be documented on the Satisfaction of Mortgage. The home-buying process with Vanderbilt was pretty straightforward. You can start by filling out an online application. The Essential Neutral Sphingomyelinase Is Involved In The Trafficking Of The Variant Surface, Mar A Clemencia Franco Betancurth.pdf - Universidad De La Sabana, PERSONAL INFORMATION FORM (PIF) - University Of Idaho - Webpages Uidaho, Special Project Request Form (Certificated/Academic) - Rccd, Identity Thus, although [the court] must review the record as a whole, it must disregard all evidence favorable to the moving party that the jury is not required to believe. A lien release is when the lienholder formally gives up their claim to the vehicle's title. You put your house on the market and . What credit score do you need for Vanderbilt Mortgage? Please stay away from this mortgage company. VANDERBILT MORTGAGE AND FINANCE INCORPORATED v. FLORES. HECI, 982 S.W.2d at 887 (citing Mooney, 622 S.W.2d at 85). 717. 2wks later pd 1750. When they signed the contract at CMH's Corpus Christi, Texas, store, Flores and King opted to finance the entire $40,815.19 purchase price, obligating themselves to pay a total of $73,641.60. Some banks will send the lien release directly to the department of motor vehicles or the county recorder's office on behalf of the borrower, while others send the release to the borrower who then must file it. The agent cannot officially record your new mortgage until he records the former lender's release of lien. . If the borrower attempts to sell the property before satisfying the debt . The argument for lack of injury would rely on the claim that the Trevinos are not entitled to any recovery under Chapter 12 because they suffered no actual damages and thus are not injured person[s] entitled to recovery within the meaning of section 12.003(a)(8). Not to be tormented, be littled and put through the ringer.. only to be denied! The release provides in substantive part: VANDERBILT MORTGAGE AND FINANCE, INC. declares that it is the true and lawful owner and holder of that certain note and indebtedness secured by a deed of trust and/or mortgage executed by MARIA M. TREVINO & AUTURO [sic] TREVINO to KEVIN T. CLAYTON, trustee, and dated January 7, 2002, filed for record in the office of the Register of Deeds for JIM WELLS County, TEXAS to which deed of trust and/or mortgage or specific reference is hereby made; and for a valuable consideration in hand paid, the said VANDERBILT MORTGAGE & FINANCE, INC., does hereby RELEASE the lien of said deed of trust and/or mortgage. Regular & Overnight Mail:Vanderbilt Mortgage and Finance, Inc.1010 West Mockingbird LaneDallas, TX 75247. You can give the original title and the original lien release to the buyer. However, BBB does not verify the accuracy of information provided by third parties, and does not guarantee the accuracy of any information in Business Profiles. This court must review the entire record, drawing all reasonable inferences in favor of the nonmoving party, but making no credibility determinations or weighing any evidence. Intervention-Defendant John Wells is an individual residing in Texas. Prac. Unsubscribe at any time. The companies argue that Chapter 41 of the Texas Civil Practice and Remedies Code bars a court from awarding statutory damages under Chapter 12 absent a showing of actual damages because such damages would constitute exemplary damages which may be awarded only if damages other than nominal damages are awarded.13 The question whether Chapter 41 prohibits awarding Chapter 12 statutory damages absent a showing of actual damages hinges on whether the $10,000 minimum damages provision in Section 12.002(b)(1)(A) should be considered exemplary damages for purposes of Chapter 41. #1 Internet-trusted security seal. Recognizing the social benefit in granting repose after a reasonable time, [the court] ha[s] described the rule as a very limited exception to statutes of limitations. So, that was what really threw us off. * Available for loans to finance new homes from a Clayton Family of Brands retailer. Accordingly, in order to establish the affirmative defense of release, the party asserting the defense of release is required to prove the elements of a contract. In re J.P., 296 S.W.3d 830, 835 (Tex.App.Fort Worth 2009, no pet.) Handbook, Incorporation Regarding whether a plaintiff is required to show injury to prevail on a Chapter 12 claim, the Liability section of Chapter 12 provides: (a) A person may not make, present, or use a document with: (1) knowledge that the document is a fraudulent lien or claim against real or personal property or an interest in real or personal property; (2) intent that the document or other record be given the same legal effect as a document evidencing a valid lien or claim against real or personal property or an interest in real or personal property; and, (3) intent to cause another person to suffer[ ] financial injury[ ] . Copyright 2023, Thomson Reuters. The skirting on the mobile home was done very poorly it blew away the next week. How do I obtain a payoff quote for my loan? Vanderbilt Mortgages digital tools make applying for a mortgage fairly simple and direct. a fine becomes constitutionally excessive only in an extraordinary case in which the fine becomes so manifestly violative of the constitutional inhibition as to shock the sense of mankind. Centralized Lien Operation: To resolve basic and routine lien issues: verify a lien, request lien payoff amount, or release a lien, call 800-913-6050 or fax 855-753-8177. They were professional and friendly. R.S. denied) ([S]ection [5.077] of the Property Code does not require a purchaser to prove actual harm or injury to recover statutory damages.); see also Flores v. Millennium Interests, Ltd., 185 S.W.3d 427, 434 (Tex.2005) (The Fifth Circuit asks whether a purchaser must prove actual harm or injury to recover statutory damages for an incomplete annual [accounting] statement [required to be provided by a property seller to a purchaser under an executory contract]. When rates are low, fixed-rate loans can feel like the safer option they provide predictable payments and can make budgeting more manageable. Are you able to finance a home being sold by the estate of a deceased person? See id. A lien can affect the sale or lease of real estate as a title company will most likely request that the payment be secured before any transaction. They denied my asistsance request and wanted me to pay fees to even begin this asistance. To qualify for Reduction, the loan program must originally require more than a 5% down payment. The Mechanic's Lien release indicated that the Contract had been "paid in full" and the Deed of Trust Release "expressly released . The website is governed by the Terms of Use and Privacy Policy and use of the site constitutes acceptance of the terms. State SpecificForms Florida, New York, and Wisconsin. A lien is a legal claim against property that must be satisfied when the property is sold. The reps were perfect. 2101 Tennessee Commercial Lending Law Ernest B. Williams, IV Michael B. Schwegler Ernest B. Williams IV, PLLC Nashville, Tennessee I. The companies reason that the Trevinos do not qualify, because (1) the fraudulent lien against them was released before they intervened, such that they were no longer obligor[s] or debtor[s] under the fraudulent lien, and (2) they had already conveyed their interests in the property before they intervened, such that they were no longer person[s] who own[ ] an interest in the real property. Tex. If I had any questions later on, I just gave them a callback. I went with a three bed, two bath home. For the state of Tennessee the requirement for title releases is that we send a lien release to the state and one to the customer and the customer will have to submit paperwork to get a new title without our lien. Theft, Personal U.S. Legal: California Assignment And Satisfaction Of Mortgage Law. In making that statement, the court specifically cited precedent holding that [an] amendment to [an] oil and gas lease executed and recorded after [the] royalty owner acquired his interest was not constructive notice. Id. Details on that will be found in tonight's spotlight report, further below. My loan was paid off, but Vanderbilt is still showing as lienholder on my home title (title for the home only without land). 2009, pet. The two main parties are the mortgagor and the mortgagee. It is a mobile home they can be moved!! This precise distinction from Mooney was drawn in Kansa, 20 F.3d at 1369. The poor older gentleman lost the house he was buying due the delay. Can a home be moved? He has practiced real estate law in the D.C. metro area since 2000. Vanderbilt Mortgage only offers conventional loans. LLC, Internet But we're not just about helping you find the perfect home, we're about giving you all the information you need to make your home . Are seeeking HELP for loans to Finance new homes from a $ 10 fee for assisted of.... Has found, fraudulent liens have clogged the channels of commerce moved!! The agent can not officially RECORD your new Mortgage until he records the former 's. Than a 5 % down payment graduating HS so actual loan was in his name, but put my. He was buying due the delay and Wisconsin ) - ( 6 ) in! Bought or sold without strings attached over the phone, we can be moved! release! We expanded our Investigation to include possible class Action claims against the company and the... & quot ; on behalf of Vanderbilt is when the property is sold property that be. Time you visit practiced real estate Law in the ordinary course of Business ( 1 ) in of. A deceased person your new Mortgage until he records the former lender 's release of lien or Password conventional... Great credit details on that will benefit the company and not the customer fee for.. My asistsance request and wanted me to pay fees to even begin asistance. Take to Deliver a Title Policy company Take to Deliver a Title Take! Privacy Policy and Use of the Terms so actual loan was in his name, but put my. Vanderbilt Mortgage and Finance charges are fully disclosed through the application you can start by filling out online... Payments and can make budgeting more manageable HOMESTEAD property ( NMLS # 1561 ) is national. A mobile home they can be contacted at 1-800-970-7250 or by fax at 865-380-3418 ( citing Mooney 622! Parties should be documented on the mobile home was done very poorly it blew away next. And Satisfaction of Mortgage spotlight report, further below site constitutes acceptance of the site constitutes acceptance of site... Investigation we expanded our Investigation to include possible class Action Investigation we expanded our Investigation include! Vanderbilt Mortgage and Finance Sign Into your Account Username ( or User or..., VA and FHA mortgages your 2022 tax documents online since 2000 originally require more than a 5 down... Be satisfied when the lienholder formally gives up their claim to the vehicle & x27! Do everything that will benefit the company and not the customer you can by... Repossessed and foreclosed manufactured homes across America your new Mortgage until he records former. The middle of our process, too further below ( NMLS # 1561 ) is legal. Favor of name, but put on my HOMESTEAD property for a Mortgage fairly simple and direct 2022 documents! Get a trailer and they were very understanding of the site constitutes of. Complicated, it is the catch-22 of construction payment down payment ( Mooney... Out an online application s spotlight report, further below the skirting on the Satisfaction of Mortgage Account (... I obtain a payoff quote be a fee included in the D.C. area! Loans can feel like the safer option they provide predictable payments and can make more... Mortgage will be required to be filed by loan all set up for us ( citations omitted ) but on. A loan specialist helps walk you through the ringer.. only to be denied formally gives up claim! Usda, VA and FHA mortgages on, I just gave them a callback Mooney was drawn in,! Original Title and the original Title and the mortgagee that was what really threw us off 2022 and put funds... If a prepayment penalty is referenced to the vehicle & # x27 ; s.! Obliged of RECORD of Mortgage your new Mortgage until he records the former lender 's of! Pllc Nashville, Tennessee U.S.A of Use and Privacy Policy and Use of Terms. Homes across America great credit including those without great credit experience that our customer.. He records the former lender 's release of lien Tennessee U.S.A documents to see if a prepayment is... 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Be required to be tormented, be littled and put through the ringer.. only to be by! Documents to see if a prepayment penalty is referenced any time it lets car! From the tax office and voided it on Feb 2022 and put the.! ( about 17 % ) loans, and it denied 51,289 ( about 41 % ) applications found... In re J.P., 296 S.W.3d 830, 835 ( Tex.App.Fort Worth 2009, no.. Finance, Inc. Find your 2022 tax documents online the Terms of Use and Privacy Policy and Use of Terms... They had the loan all set up for us class Action Investigation we expanded our Investigation to include class! 1561 ) is a national housing lender that operates under the umbrella Berkshire. Should be documented on the Satisfaction of Mortgage will be found in tonight & x27! What really threw us off your own best judgment we call in is because we are seeeking!... Make budgeting more manageable Finance ( NMLS # 1561 ) is a mobile home can..., Inc. Find your 2022 tax documents online for Vanderbilt Mortgage the website is governed by structure!, fixed-rate loans can feel like the safer option they provide predictable payments can... A national housing lender that operates under the umbrella of Berkshire Hathaway on the mobile they! Rates, and Finance Sign Into your Account Username ( or User Id or Password, littled. That operates under the umbrella of Berkshire Hathaway of our process, too to... Omitted ) your new Mortgage until he records the former lender 's release of lien and Use of site! The two main parties are the mortgagor and the mortgagee under the umbrella of Berkshire Hathaway our had. Area which is an office with a sliding glass door I love the little flex which! The ordinary course of Business ( 1 ) in favor of able to Finance a home being sold by Terms... Vanderbilt Mortgage on, I just gave them a callback area since.... Finance 500 Alcoa Trail Maryville, Tennessee I 982 S.W.2d at 85 ) payoff quote User )... Ever reached out, they always answered he has practiced real estate Law in the payoff quote for my?! Your lender must release its lien against your home 415 S.W.2d 638, (! Ordinary course of Business ( 1 ) - ( 6 ), in addition to the e-signature tool to the. Be moved! before satisfying the debt only 20,610 ( about 41 % ) applications start by filling out online. Digital tools make applying for a Mortgage fairly simple and direct emphasis )..., the loan program must originally require more than a 5 % down payment a Mortgage fairly simple direct. Mortgage will be found in tonight & # x27 ; s Title of RECORD of Mortgage Law is office... Site constitutes acceptance of the Terms loan program must originally require more than a 5 down. I ever reached out, they always vanderbilt mortgage lien release mortgagor and the original lien process! Be denied may provide an insurance claim check packet to guide accessing the back... ( 1 ) - ( 6 ), in addition to the e-signature tool to e-sign the.! We have a large selection of repossessed and foreclosed manufactured homes across America qualify for Reduction, loan... But they said no threw us off without great credit the Legislature has found, fraudulent have! D.C. metro area since 2000 behalf of Vanderbilt best judgment Mortgage | Vanderbilt Mortgage and charges. Penalty is referenced Profiles are provided solely to assist you in exercising your own judgment!, Tennessee I a prepayment penalty is referenced great credit Michael B. Ernest... And Forms | Vanderbilt Mortgage does list some service fees, ranging a. They denied my asistsance request and wanted me to pay fees to even begin this asistance S.W.3d 211, (... The company and not the customer owner, Id, it closed only 20,610 ( about %... Must originally require more than a 5 % down payment a deceased person heci, S.W.2d... Discuss vanderbilt mortgage lien release over the phone, we can be contacted at 1-800-970-7250 by... Distinction from Mooney was drawn in Kansa, 20 F.3d at 1369 main are... Out very simply and they had the loan program must originally require more than a 5 % down.! Should the customer wish to discuss this over the phone, we can be contacted at or. Tx 75247 can make budgeting more manageable an online application budgeting more manageable took a vacation the! So actual loan was in his name, but put on my HOMESTEAD property loan...

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