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Florida Deficiency Judgement 559.715


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My husband foreclosed on a home back in 2010. Under new Florida law, a deficiency judgement can only be obtained until July 1, 2014 (a few days away). On June 2nd, a JDB sent him a letter notifying him of their acquisition of the account. The letter references Florida Statue 559.715, and that they will not attempt to collect on the debt within 30 days. That means they would be unable to file suit until July 2nd, after the SOL is up. Today, we were not home, and a notice was left for a certified letter from the JDB's attorney. After talking to others on other sites, I am pretty sure this letter is notifying him of the debt and the amount owed, etc. As of yesterday, they have not filed suit against us, but they have been filing many suits throughout Florida in an attempt to beat the deadline. I would think that if they did file suit, I could have it dismissed because they went against the letter and 559.715. I have the letter as proof and am saving it if needed. 

 

I do not plan to send in a DV letter. 

 

Does anyone have any experience with 559.715? It isn't a matter of me saying that I did not receive a letter. I have the letter and it very clearly states a few times that per 559.715, they will not attempt to collect the debt within 30 days.

 

I have researched this a lot and it seems that the outcome is pretty good in situations where 559.715 is violated.

 

Thanks in advance for taking the time to read this.

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Well when did they send the letter? You received it June 2 nd, but their 30 day count down may be may 30, or 31 st. Also, you said deficiency judgement? So there is already a judgement in place? If so, a judgement in flordia is good for 20 years, not 4. 4 years applies for debts that are owed, disputed, but contract sol is 5 years. If this was a home foreclosure, I believe it is considered a written contract.

559.715 is only a statue that says they need to give you 30 days before they continue to collect. I would send a DV.

Also this. "Under new Florida law, a deficiency judgement can only be obtained until July 1, 2014 (a few days away). ". What law is this your talking about?

Edited.....ok now I see. The way I read the law the new sol for deficiency foreclosure judgement is 5 years ( like a written contract) until the new law goes live on July 1, 2014. But not sure, it says only on foreclosures that happened after July, 2013.

A Statute of Limitation creates a finite period of time within which a person may bring a lawsuit. If a lawsuit is brought outside of that time period, the suit may be dismissed, as the claim is forever barred. Before the Act was passed, the Statutes of Limitation allowed a party to bring an action for a deficiency judgment at any point up to five years from the date a certificate of sale was issued by the Clerk following a foreclosure sale. After its passing, that time limit has shrunk to one year for deficiencies created by foreclosure sales or deeds in lieu of foreclosure. However, this change is limited to actions commenced on or after July 1, 2013. - See more at: http://southfloridalawblog.com/update-the-state-of-florida-deficiency-judgments-in-2014/#sthash.RbIC7s6g.dpuf

So he may still have a year left on his sol.

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@shellieh98

 

The FL governor signed an amendment entitled the Florida Fair Foreclosure Act.  This is the footnote in FL statute 95.11.

 

A. Section 2, ch. 2013-137, provides that “[t]he amendments made by this act to s. 95.11, Florida Statutes, apply to any action commenced on or after July 1, 2013, regardless of when the cause of action accrued. However, any action that would not have been barred under s. 95.11(2)(b), Florida Statutes 2012, before the effective date of this act must be commenced within 5 years after the action accrued or by July 1, 2014, whichever occurs first.

 

If the cause of action accrued before July 1, 2013, action on a deficiency judgment must be taken within 5 years or by July1, 2014.  In the OP's case, July 1, 2014 occurs first.

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shellieh98,

There is not a deficiency judgement against him yet. I am wondering if they tried to sue him, if it would be grounds for dismissal. The letter they sent was dated June 2nd. I received it June 6th. Thirty days from June 2nd would be July 2nd, one day past the SOL.

I have considered sending a debt validation letter, but since the SOL runs out in 2 business days, I am not sure there is any point. I know that they aren't supposed to sue until it is validated, but if they are willing to sue before the thirty days, they are probably not going to letter a DV stop them. I also don't want to do anything that would draw attention us. I am torn on what to do. I am not sure if signing for their certified letter and sending a DV would get in the way off trying to use 559.715.

I hope I am not coming across too paranoid. This JDB has filed hundreds or suits in Orange County alone this year. They have been filing around 20 each day this week. I just don't know the point of their attorney sending us stuff, unless he is planning to sue.

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Oh I see, thanks BV80. How very nice for Fl. Now they can't wait around for a person to get back on their feet only to take the rug out. :)

@conch12345. Did the letter say the language you have 30 days to dispute, this is from a debt collector, etc.? Or was it just a letter informing you they now own it?

If it was the former, sending a DV might have bought you some time. If was just informing you, hold your breath, they may try to file on the first, good luck.

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The initial letter stated it was from a debt collector and they would not attempt to collect within 30 days of the date on the letter. The date on that letter was June 2nd. It quoted statue 559.715. That would mean that they are unable to file suit until July 2nd. If they attempted to file suit before then, I would hope that the case would be dismissed as legally they should not have been able to file until the 2nd. Yesterday they sent a letter certified mail. I do not have it and have not picked it up yet. I have talked to others and that letter is most likely stating the amount owed and giving the option to validate the debt. Monday and possibly Tuesday are the last days they can file suit before sol runs out. At this point, I don't plan on sending in a DV as there is limited time left.

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Hopefully they screwed theirselves. If they do end up suing you on July 1 st, I would use that defense, in addition to challenging their standing, don't admit to the debt. If they file suit after July 1 st, you should counter sue for suing you on a time barred debt, and use the sol defense.

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Given the closeness of your day to breathe more freely, I would, of course, avoid accepting service of the certified letter, or anything else, at all, till the second of July.

 

Thank you for your advice. We did not pick up the letter today and did not plan on picking it up until the 2nd. I am just going to hold my breath for the next three days. I am confident I could get it dismissed with the help of an attorney but really don't want to go that route.

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I just saw that they filed suit yesterday, June 30th. One day before the Sol expired and two days before they legally were allowed to. I am going to hire an attorney. Once I know the information on the case I will update. I really hope 559.715 is grounds for dismissal. Otherwise, what is the point of having the statue?

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Those dirty bastards. ;)

Well for 87k, they are going to give it a go. I would get a free consult from a consumer attorney and weigh out my options. You may have a few violations there, but in the grand scheme of things he isn't going to care if he violated or not if he can win. Fight him with all you got, if you lose BK might be your final play

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Dirty bastards is an understatement. Lol. I am narrowing down attorney and should be moving forward soon. They have filed at a minimum of 700 cases in the last few months in Seminole, orange and lee counties. It'll be interesting to see how it all works out.

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I have read of a few cases of using 559.715 in court to have a case dismissed. Because this statue was revised in recent years, I am not sure if it would applicable to state cases using the older version of the statue when motioning to dismiss. Does anyone have personal experience using this statue?

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Okay, that is not good for me. I will keep searching around. Maybe someone else on here has recently used it. Thank you!

I am not from Florida, but was intrigued enough to do some reseach. The changes you mentioned according to what I have found are not retro-active baed on the information below: Approved into law on 6/13/2014 Approved by your crook govener Rick Scott. Effective date of the changes is 10/1/2014.

CS/CS/HB 413: Consumer Collection Practices

GENERAL BILL by Regulatory Affairs Committee ; Insurance and Banking Subcommittee ; Santiago

Consumer Collection Practices; Deletes provision entitling prospective consumer collection agency registrants to registration when specified conditions are met; provides powers & duties of OFR & FSC; requires fees, charges, & fines to be deposited in specified trust fund; authorizes OFR to make investigations or examinations to determine violations; revises registration procedures & application requirements for consumer collection agencies; requires applicants & certain registrants to submit fingerprints; provides that registrations are not transferable or assignable; requires consumer collection agencies to report changes in specified information within specified period; provides registration renewal & fingerprint retention fees; provides notification requirements for consumer collection agencies; authorizes office to bring administrative action; provides grounds for disciplinary action; provides penalties.

.Effective Date: 10/1/2014

Last Action: 6/13/2014 - Chapter No. 2014-116, companion bill(s) passed, see CS/CS/HB 415 (Ch. 2014-117)

Location: Became Law

Bill Text: PDF

.

View By Bill Version View By Category

Bill HistoryRelated Bills (3)Bill Text (5)Amendments (3)Analyses (3)Vote History (2)Citations (8)

Bill History

Date Chamber Action

12/12/2013 House • Filed

1/8/2014 House • Referred to Insurance and Banking Subcommittee; Government Operations Appropriations Subcommittee; Regulatory Affairs Committee -HJ 36

1/28/2014 House • On Committee agenda-- Insurance and Banking Subcommittee, 02/04/14, 4:00 pm, Sumner Hall

2/4/2014 House • CS by Insurance and Banking Subcommittee; YEAS 13 NAYS 0 -HJ 156

2/11/2014 House • Pending review of CS under Rule 7.19©

2/12/2014 House • Now in Government Operations Appropriations Subcommittee -HJ 151

2/28/2014 House • On Committee agenda-- Government Operations Appropriations Subcommittee, 03/04/14, 1:30 pm, Morris Hall

3/4/2014 House • Introduced -HJ 36

• Favorable by Government Operations Appropriations Subcommittee; YEAS 12 NAYS 0 -HJ 205

• Now in Regulatory Affairs Committee -HJ 205

• CS by Insurance and Banking Subcommittee read 1st time -HJ 140

3/10/2014 House • On Committee agenda-- Regulatory Affairs Committee, 03/12/14, 1:00 pm, Sumner Hall

3/12/2014 House • CS/CS by- Regulatory Affairs Committee; YEAS 16 NAYS 0 -HJ 284

3/13/2014 House • Pending review of CS -under Rule 7.19©

3/14/2014 House • CS/CS by Regulatory Affairs Committee read 1st time -HJ 281

3/18/2014 House • Placed on Calendar -HJ 292

4/7/2014 House • Placed on Special Order Calendar, 04/09/14

4/9/2014 House • Read 2nd time -HJ 489

• Amendment(s) adopted (307575) -HJ 490

• Placed on 3rd reading

4/11/2014 House • Read 3rd time -HJ 513

• CS passed as amended; YEAS 114 NAYS 0 -HJ 513

4/21/2014 Senate • In Messages

• Referred to Banking and Insurance; Criminal Justice; Appropriations -SJ 525

4/22/2014 Senate • Received -SJ 525

4/25/2014 Senate • Withdrawn from Banking and Insurance; Criminal Justice; Appropriations -SJ 678

• Placed on Calendar, on 2nd reading -SJ 678

• Substituted for CS/SB 1006 -SJ 678

• Read 2nd time -SJ 678, 687

• Placed on 3rd reading

4/28/2014 Senate • Read 3rd time -SJ 720

• CS passed; YEAS 38 NAYS 0 -SJ 720

4/28/2014 House • Ordered enrolled -HJ 823

6/5/2014 • Signed by Officers and presented to Governor

6/13/2014 • Approved by Governor

• Chapter No. 2014-116, companion bill(s) passed, see CS/CS/HB 415 (Ch. 2014-117)

Related BillsBill Number Subject Filed By Relationship Learn more about bill relationships Last Action and Location Track Bills

H 0415 (er) Pub. Rec./Investigations and Examinations by Office of Financial Regulation Santiago Link Last Action: 6/13/2014 Chapter No. 2014-117, companion bill(s) passed, see CS/CS/HB 413 (Ch. 2014-116)

Location: Became Law

S 1006 (c1) Consumer Collection Practices Hays Similar Last Action: 4/25/2014 S Laid on Table, companion bill(s) passed, see CS/CS/HB 413 (Ch. 2014-116), CS/CS/HB 415 (Ch. 2014-117) -SJ 678

Location: Laid on Table

S 1002 (c1) Public Records/Office of Financial Regulation Hays Compare Last Action: 4/23/2014 S Laid on Table, companion bill(s) passed, see CS/CS/HB 415 (Ch. 2014-117), CS/CS/HB 413 (Ch. 2014-116) -SJ 581

Location: Laid on Table

Bill TextVersion Posted Format

H 0413 Filed 12/12/2013 4:17 PM PDF

H 0413 c1 2/11/2014 9:42 AM PDF

H 0413 c2 3/13/2014 5:42 PM PDF

H 0413 e1 4/9/2014 3:28 PM PDF

H 0413 er 4/28/2014 2:28 PM PDF

Committee AmendmentsH 0413 Filed Amendment Sponsor Filed Last Committee Action Format

765353 - Strike All Amendment

Remove everything after the enacting clause and insert: Santiago 2/3/2014

6:07 PM Adopted

2/5/2014 PDF

H 0413 c1 Amendment Sponsor Filed Last Committee Action Format

920801 - Amendment

Remove line 476 and insert: Santiago 3/11/2014

6:54 PM Adopted without Objection

3/12/2014 PDF

Floor AmendmentsH 0413 c2 Amendments Sponsor Filed Last Floor Action Format

307575 - Amendment

Remove lines 270-285 and insert: Santiago 4/8/2014

1:53 PM House: Adopted

4/9/2014 PDF

Bill AnalysesType Analysis Author Posted Format

Bill Analysis H 0413 Insurance and Banking Subcommittee (Post-Meeting) 6/26/2014 2:54 PM PDF

Bill Analysis H 0413 Government Operations Appropriations Subcommittee (Post-Meeting) 3/4/2014 7:20 PM PDF

Bill Analysis H 0413 Regulatory Affairs Committee (Post-Meeting) 3/13/2014 5:17 PM PDF

Vote History - CommitteeNo Committee Vote History Available Vote History - FloorVote Date Chamber Result

H 0413 e1 4/11/2014 2:08 PM House 114 Yeas - 0 Nays

H 0413 e1 4/28/2014 10:15 AM Senate 38 Yeas - 0 Nays

Citations - StatutesCitation Catchline Location in Bill Location In Bill Help

559.55 Definitions. Page 2 (pdf)

559.553 Registration of consumer collection agencies required; exemptions. Page 6 (pdf)

559.554 Page 8 (pdf)

559.5541 Page 9 (pdf)

559.555 Registration of consumer collection agencies; procedure. Page 10 (pdf)

559.5551 Page 14 (pdf)

559.565 Enforcement action against out-of-state consumer debt collector. Page 15 (pdf)

559.730 Administrative remedies. Page 16 (pdf)

Citations - Constitution (0)No Constitutional citations for this bill version.

So your current lawsuit is based on the old 30 day requirement. I think you try to get it dismissed based on current law. They can then decide if they want to file a suit that is outside the SOL....

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I am not from Florida, but was intrigued enough to do some reseach. The changes you mentioned according to what I have found are not retro-active baed on the information below: Approved into law on 6/13/2014 Approved by your crook govener Rick Scott. Effective date of the changes is 10/1/2014.

CS/CS/HB 413: Consumer Collection Practices

GENERAL BILL by Regulatory Affairs Committee ; Insurance and Banking Subcommittee ; Santiago

Consumer Collection Practices; Deletes provision entitling prospective consumer collection agency registrants to registration when specified conditions are met; provides powers & duties of OFR & FSC; requires fees, charges, & fines to be deposited in specified trust fund; authorizes OFR to make investigations or examinations to determine violations; revises registration procedures & application requirements for consumer collection agencies; requires applicants & certain registrants to submit fingerprints; provides that registrations are not transferable or assignable; requires consumer collection agencies to report changes in specified information within specified period; provides registration renewal & fingerprint retention fees; provides notification requirements for consumer collection agencies; authorizes office to bring administrative action; provides grounds for disciplinary action; provides penalties.

.Effective Date: 10/1/2014

Last Action: 6/13/2014 - Chapter No. 2014-116, companion bill(s) passed, see CS/CS/HB 415 (Ch. 2014-117)

Location: Became Law

Bill Text: PDF

.

View By Bill Version View By Category

Bill HistoryRelated Bills (3)Bill Text (5)Amendments (3)Analyses (3)Vote History (2)Citations (8)

Bill History

Date Chamber Action

12/12/2013 House • Filed

1/8/2014 House • Referred to Insurance and Banking Subcommittee; Government Operations Appropriations Subcommittee; Regulatory Affairs Committee -HJ 36

1/28/2014 House • On Committee agenda-- Insurance and Banking Subcommittee, 02/04/14, 4:00 pm, Sumner Hall

2/4/2014 House • CS by Insurance and Banking Subcommittee; YEAS 13 NAYS 0 -HJ 156

2/11/2014 House • Pending review of CS under Rule 7.19©

2/12/2014 House • Now in Government Operations Appropriations Subcommittee -HJ 151

2/28/2014 House • On Committee agenda-- Government Operations Appropriations Subcommittee, 03/04/14, 1:30 pm, Morris Hall

3/4/2014 House • Introduced -HJ 36

• Favorable by Government Operations Appropriations Subcommittee; YEAS 12 NAYS 0 -HJ 205

• Now in Regulatory Affairs Committee -HJ 205

• CS by Insurance and Banking Subcommittee read 1st time -HJ 140

3/10/2014 House • On Committee agenda-- Regulatory Affairs Committee, 03/12/14, 1:00 pm, Sumner Hall

3/12/2014 House • CS/CS by- Regulatory Affairs Committee; YEAS 16 NAYS 0 -HJ 284

3/13/2014 House • Pending review of CS -under Rule 7.19©

3/14/2014 House • CS/CS by Regulatory Affairs Committee read 1st time -HJ 281

3/18/2014 House • Placed on Calendar -HJ 292

4/7/2014 House • Placed on Special Order Calendar, 04/09/14

4/9/2014 House • Read 2nd time -HJ 489

• Amendment(s) adopted (307575) -HJ 490

• Placed on 3rd reading

4/11/2014 House • Read 3rd time -HJ 513

• CS passed as amended; YEAS 114 NAYS 0 -HJ 513

4/21/2014 Senate • In Messages

• Referred to Banking and Insurance; Criminal Justice; Appropriations -SJ 525

4/22/2014 Senate • Received -SJ 525

4/25/2014 Senate • Withdrawn from Banking and Insurance; Criminal Justice; Appropriations -SJ 678

• Placed on Calendar, on 2nd reading -SJ 678

• Substituted for CS/SB 1006 -SJ 678

• Read 2nd time -SJ 678, 687

• Placed on 3rd reading

4/28/2014 Senate • Read 3rd time -SJ 720

• CS passed; YEAS 38 NAYS 0 -SJ 720

4/28/2014 House • Ordered enrolled -HJ 823

6/5/2014 • Signed by Officers and presented to Governor

6/13/2014 • Approved by Governor

• Chapter No. 2014-116, companion bill(s) passed, see CS/CS/HB 415 (Ch. 2014-117)

Related BillsBill Number Subject Filed By Relationship Learn more about bill relationships Last Action and Location Track Bills

H 0415 (er) Pub. Rec./Investigations and Examinations by Office of Financial Regulation Santiago Link Last Action: 6/13/2014 Chapter No. 2014-117, companion bill(s) passed, see CS/CS/HB 413 (Ch. 2014-116)

Location: Became Law

S 1006 (c1) Consumer Collection Practices Hays Similar Last Action: 4/25/2014 S Laid on Table, companion bill(s) passed, see CS/CS/HB 413 (Ch. 2014-116), CS/CS/HB 415 (Ch. 2014-117) -SJ 678

Location: Laid on Table

S 1002 (c1) Public Records/Office of Financial Regulation Hays Compare Last Action: 4/23/2014 S Laid on Table, companion bill(s) passed, see CS/CS/HB 415 (Ch. 2014-117), CS/CS/HB 413 (Ch. 2014-116) -SJ 581

Location: Laid on Table

Bill TextVersion Posted Format

H 0413 Filed 12/12/2013 4:17 PM PDF

H 0413 c1 2/11/2014 9:42 AM PDF

H 0413 c2 3/13/2014 5:42 PM PDF

H 0413 e1 4/9/2014 3:28 PM PDF

H 0413 er 4/28/2014 2:28 PM PDF

Committee AmendmentsH 0413 Filed Amendment Sponsor Filed Last Committee Action Format

765353 - Strike All Amendment

Remove everything after the enacting clause and insert: Santiago 2/3/2014

6:07 PM Adopted

2/5/2014 PDF

H 0413 c1 Amendment Sponsor Filed Last Committee Action Format

920801 - Amendment

Remove line 476 and insert: Santiago 3/11/2014

6:54 PM Adopted without Objection

3/12/2014 PDF

Floor AmendmentsH 0413 c2 Amendments Sponsor Filed Last Floor Action Format

307575 - Amendment

Remove lines 270-285 and insert: Santiago 4/8/2014

1:53 PM House: Adopted

4/9/2014 PDF

Bill AnalysesType Analysis Author Posted Format

Bill Analysis H 0413 Insurance and Banking Subcommittee (Post-Meeting) 6/26/2014 2:54 PM PDF

Bill Analysis H 0413 Government Operations Appropriations Subcommittee (Post-Meeting) 3/4/2014 7:20 PM PDF

Bill Analysis H 0413 Regulatory Affairs Committee (Post-Meeting) 3/13/2014 5:17 PM PDF

Vote History - CommitteeNo Committee Vote History Available Vote History - FloorVote Date Chamber Result

H 0413 e1 4/11/2014 2:08 PM House 114 Yeas - 0 Nays

H 0413 e1 4/28/2014 10:15 AM Senate 38 Yeas - 0 Nays

Citations - StatutesCitation Catchline Location in Bill Location In Bill Help

559.55 Definitions. Page 2 (pdf)

559.553 Registration of consumer collection agencies required; exemptions. Page 6 (pdf)

559.554 Page 8 (pdf)

559.5541 Page 9 (pdf)

559.555 Registration of consumer collection agencies; procedure. Page 10 (pdf)

559.5551 Page 14 (pdf)

559.565 Enforcement action against out-of-state consumer debt collector. Page 15 (pdf)

559.730 Administrative remedies. Page 16 (pdf)

Citations - Constitution (0)No Constitutional citations for this bill version.

So your current lawsuit is based on the old 30 day requirement. I think you try to get it dismissed based on current law. They can then decide if they want to file a suit that is outside the SOL....

 

 

Thanks for taking the time to post all of that. I did not realize so many changes were going into effect. 

 

The original assignment letter was sent by the debt collector and the letter stating the amount of debt was sent by their attorney. Their attorney's the letter stating the debt was printed on the 23rd, but they waited until the 25th to send it. It didn't arrive until Friday, and they filed suit Monday. It was perfectly planned on their end to not give me the chance to validate the debt. Although, I don't know if asking to have the debt validated would have stopped them from filing a lawsuit, seeing as that Florida Statue did not.

 

I wish they would hurry up and serve us, so that we can move forward. I have spent all of the last four weeks researching laws, etc. We are using a very aggressive attorney. I am confident he will do his best to have it dismissed, but I am trying to research on my own in the meantime. 

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@conch12345

 

If I remember correctly, you received the letter on July 2.  If it were me, I'd call some attorneys and ask if 30 days referenced in the statute is based upon when the letter was sent or when it was received.  That could make a difference.

 

I actually received the letter on the 6th. It was dated June 2nd. 

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Either they deliberately went against their letter and 559.715 when they filed suit,or it was an oversight. The JDB sent the acquisition letter, but their attorney sent the letter stating the debt and filed the suit. It is going to be interesting to see how this pans out. Their law firm has filed around 500 suits in Central Florida. That plus all of the suits filed in other counties is going to be a lot for them to keep up with. 

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