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STOP BLAMING JUDGES: Their position is wrong but NOT unreasonable

by Neil Garfield

I have often been confronted with a situation in which there are reports of a judge that is bullying the lawyers or litigants. The result is that homeowners are blaming judges for entering rulings or judgments and cutting arguments short. And the perception is that the judges are part of some vast conspiracy to deny due process to homeowners.

There are very few judges on the bench in any state or federal court that hold malice in their heart toward homeowners or who have some personal interest in making sure that the homeowner loses their Homestead. That statement by me continually gets me into trouble with those who embrace conspiratorial thinking. I don’t blame them for their thinking. But I do think that adopting that perception and acting on it is probably the surest way for a homeowner to lose their homestead.

I think you are only half right. It’s definitely true that judges will bully the attorneys and litigants. And sometimes when a judge asserts his or her authority, it can appear like bullying if you don’t like the result. And you’re probably right that they know that most of the time they can do what they want without any accountability or consequences.

But it is also true that very few judges proceed with malice. Yes they are biased because they are human beings, but most judges are trying to get it right. The fact that they get it wrong so many times in foreclosure cases is a product of a combination of bias of the individual and bias of the system.

It is nearly universally assumed that these transactions are loans which means that there is a creditor and a debtor and the homeowner is the debtor. This leads to the nearly universal assumption that the promissory note is the principal source of evidence on the terms of the debt.
Because of the unique advantages given to holders of promissory notes, a judgment for monetary damages can be awarded to the holder, even if the holder has no economic damages. But because of a nearly universal erroneous perception, this has oddly led to the adoption of court precedent that disregards the essential protections and requirements for enforcement of any security instrument.

The bottom line is that all of this leads to the very natural and organic assumption is that the only issue in foreclosure is whether or not the homeowner has made a scheduled payment. There is no inquiry in the mind of most judges as to whether or not the payment was actually due. So judgments are entered against the homeowner in favor of a party who has no economic damages despite the statutory requirement and the constitutional requirement for real economic damages in order to be able to file any civil suit other than seeking judgment on a promissory note as a holder.

In this context, it is only human nature for the judge to become impatient with litigants or lawyers who are raising technical points that, in the mind of the judge, do not change the outcome. Judges are trained and instructed to move their docket along once they believe that they understand the trajectory of the case.

So you get judges that are impatient because of their own ignorance of the realities of transactions that are falsely labeled as having been securitized. Since they are not investment bankers, and since most litigants and lawyers do not even address the issue of whether the securitization process actually eliminated the loan account, they can scarcely be blamed for arriving at the conclusion that the origination of the transaction was valid and enforceable.

The real problem is that there is a national narrative that is believed by nearly everyone including the homeowners who also bitterly complain about the foreclosure process. Even they think they have a debt that they were required to pay but somehow think that they are excused from paying it. In that context, it is easy to see how judges have not been confronted with the issue of whether or not the debt is due.

Neither lawyers nor most homeowners have any experience in investment banking. Therefore they have no way of knowing how securitization works. Most homeowners and lawyers feel either guilty or foolish for even considering the notion that securitization removes the loan account receivable from the equation. Don’t blame the judges for not considering that idea when nobody brought it up.

In the final analysis, most cases that are decided in favor of homeowners are decided on the basis of insufficiency of evidence against the homeowner.

Virtually none of those cases include a ruling or finding of fact or conclusion of law stating that the debt does not exist. This contributes to the national narrative and reinforces the erroneous belief that investment banks are seeking to recover on an unpaid loan. And because of confusion, as pointed out in my earlier article that republished the Florida Bar Journal article by Thomas Ice, the fact that the named plaintive may not even exist or has not paid value for the underlying obligation is not disturbing to the judges — but it is also not disturbing to most lawyers.

     
 

Mortgage Fraud Daily Update ⋅ November 15, 2021

 
     
 

California’s mortgage fraud risk rises in 2021 | firsttuesday Journal

first tuesday Journal

The share of mortgage applications with indications of fraud was up 39% from a year earlier in California.

 

 

 

 
 

Former financial management executive convicted of fraud | Canadian Mortgage Professional

Mortgage Professional America

David Singh, the founder of two unregistered mortgage investment companies in Ontario, has been convicted of defrauding investors.

 

 

 

 
 

1969 Bank Robbery Solved After Lynnfield Revalation – Banker & Tradesman

Banker & Tradesman

He just wasn’t who he said he was.” Related articles: Three MA Men Charged in Multi-Year Mortgage Fraud Scheme · Wilmington Man Sentenced for Armed …

 

 

 

 
 

Woman jailed for her part in £2m fraud against religious charity | Third Sector

Third Sector

During the trial, Arckless was also found guilty of mortgage fraud, for providing a fraudulent job contract and payslips as part of a mortgage …

 

 

 

 
 

Beware Of The Scams Using Self-Directed IRAs – Forbes

Forbes

Mortgages and tax liens also are frequent subjects of scams. Digital assets are becoming more common in IRA scams, including digital currencies, coins …

 

 

 

 
 

New book alleges Fox’s Maria Bartiromo shouted at Bill Barr about imagined voter fraud – CNN

CNN

Former attorney general Bill Barr says Fox News host Maria Bartiromo called him up “screaming” about imaginary voter fraud, according to his …

 

 

 

 
 

Digital identity scheme will cut conveyancing fraud and save on PII

Today’s Conveyancer

“We need to start getting banks, mortgage lenders, brokers, conveyancers and estate agents engaged in the ecosystem. This is going into a pilot and …

 

 

 

 
 

Is this a genuine BT bill, or a very convincing scam? | Money | The Guardian

The Guardian

I have reported it to Action Fraud, which plans to take no action. … Barclays continues to wreck credit rating with mortgage claims. 25 Oct 2021 …

 

 

 

 
 

Mortgage Application Fraud Market Comprehensive Analysis, Share, Growth Forecast from …

AEResearch.net

The report on Mortgage Application Fraud Market provides a complete briefing on strategic recommendations, trends, segmentation, use case analysis …

 

 

 

 
 

U.S. mortgage rates dip again under 3% – cleveland.com

Cleveland.com

U.S. mortgage rates again dropped this week, and now sit beneath the 3% mark, according to Freddie Mac. The 30-year fixed mortgage rate averaged …

 

 

 

 
 

Long Island man leaves after missing mortgage repayments for 23 years – The BL

The BL

A persistent squatter who delayed repaying his mortgage for decades finally … who reign free and able to commit fraud without consequence.”.

 

 

 

 
 

Federal Jury Awards $7M To Woman Assaulted In Court Cellblock In Hawaii | Honolulu, HI Patch

Patch

A federal jury awarded $7 million in damages to a woman who said she was sexually assaulted by a deputy sheriff in a First Circuit Court cellblock in …

 

 

 

 
 

Auditor: Lottery needs broader authority to look for fraud – Times Union

Times Union

(AP) — Pennsylvania’s auditor general said Monday that lawmakers should give the state lottery broader legal authority to investigate frequent and …

 

 

 

 
 

Construction costs top list of property professionals’ concerns: PwC UK – Mortgage Finance Gazette

Mortgage Finance Gazette

The greatest concern for the property sector held by industry professionals relates to rising construction costs, according to a report by PwC UK …

 

 

 

 
 

Better together: the right partnerships in digital transformation matter – Tearsheet

Tearsheet

… information from hesitant users while preventing identity fraud. … The mortgage application process, for one, has traditionally been full of …

 

 

 

 
 

Prices slip by 0.6% in month to November: Rightmove – Mortgage Finance Gazette

Mortgage Finance Gazette

The average asking price of properties coming to market has dropped by 0.6% or £2044 to £342401 since October, marking the largest monthly fall …

 

 

 

 
 

Justice for car rental driver after a dispute over delays and debt demand – Daily Express

Daily Express

MOBILITY SCOOTER SCAM ALERT: Hopes rise for customer’s refund · Homebuyer with Cifas marker fights mortgage fraud claim – The Crusader …

 

 

 

 
 

Transactions at highest level since 2007: Halifax – Mortgage Finance Gazette

Mortgage Finance Gazette

Halifax mortgages director Andrew Asaam says: “The rate and scale of the … ladder accounted for almost half of all mortgage-backed purchases, …

 

 

 

 
 

Benefits update: The changes you must tell DWP or risk being accused of fraud – Daily Express

Daily Express

MILLIONS of Britons could unwittingly be committing benefit fraud unless they … ‘It’s changed my life’: Mum shares how to become mortgage free.

 

 

 

 
 

Banks blame customers duped by fake cheques in online job scams – MSN

MSN

“It seems they’d rather be spending that to sell GICs, mortgages and basically increasing their bottom lines.” The scammers had told Hotchkiss to …

 

 

 

 
 

Home price growth, low mortgage rates boost MMI fund – HousingWire

HousingWire

Can Lenders Catch Up to Consumer Demand in 2022? By First American Data & Analytics · As the housing market changes, so does lending fraud …

 

 

 

 
 

With Reports of Utility Scams Increasing Every Day, PG&E Wants to Help Customers Take …

Benzinga

To Promote Awareness of this Growing Menace, PG&E Reminds the Public that November 14-20 is Utility Scam Awareness Week Every day across the …

 

 

 

 
 

Florida LGBTQ church burns mortgage in ceremonial celebration – Palm Beach Post

Palm Beach Post

The church recently paid off its mortgage on their property off … State orders new vote in Wellington HOA election amid fraud allegations.

 

 

 

 
 

RHOSLC’s Jen Shah’s home swarmed by armed feds as officers evacuate sons Omar, 16 …

The Sun

‘Secret stimulus check’ sent out as calls grow for more mortgage relief … Jen was arrested and charged with conspiracy to commit wire fraud in a …

 

 

 

 
 

FairPlay Lands $4.5M Seed Round To Help Lenders Combat Racial Bias – Inman

Inman

How equitably is housing wealth distributed in your city? More in Mortgage. Fake landlord and …

 

 

 

 
 

Mid America Mortgage welcomes Dennis Loxton as national sales manager in its reverse … – KULR-8

KULR-8

15, 2021 (SEND2PRESS NEWSWIRE) — Mid America Mortgage, Inc. (Mid America) … banks accused of helping man sentenced to prison for bank fraud …

 

 

 

 
 

Scam warning: ‘I was shaking’ Woman loses £800 in vicious scam email – Daily Express

Daily Express

Scammers take £800 from woman with voucher scam. 0 seconds of 1 minute, 3 secondsVolume … savings account regular interest rate mortgage deposit …

 

 

 

 
 

Hawaii Says 93% Of Those Who Died Of Covid Through September Weren’t Vaccinated – Patch

Patch

Newly released data on breakthrough hospitalizations and deaths shows they’re especially rare for people younger than 60.

 

 

 

 
 

Inside Kamala Harris’ frustrating start as vice president: exasperation and dysfunction – SCNOW

SCNOW

California Attorney General Kamala Harris, center, and Michael Troncoso, Senior Counsel to the Attorney General, left, listen as mortgage fraud …

 

 

 

 
 

40 Percent of US Homes Now Considered Equity-Rich in 2021 – World Property Journal

World Property Journal

That was down from 4.1 percent of all U.S. homes with a mortgage in the … U.S. Mortgage Fraud on the Rise in Q2 · Fort Lauderdale Area Combined …

 

 

 

 
 

New drop in mortgage rates pushes some refinances deep below 3%, amplifying the savings – S.G.E

Sports Grind Entertainment

The Mortgage Bankers Association said last week that overall applications for mortgages rose 5.5% during the week ending Nov. 5, led by a 7% jump in …

 

 

 

 
 

The top five financial mistakes retirees make and how to avoid them – Daily Express

Daily Express

The changes you must tell DWP or risk being accused of fraud … ‘It’s changed my life’: Mum shares how to become mortgage free; How to see if you …

 

 

 

 
 

Global Industry Trends, Share, Size, Growth, Opportunity and Forecast 2021-2026 – Energy Siren

Energy Siren

Market Overview: The United Kingdom Insurance Fraud Detection market reached a value of US$ XX Billion in 2020. Looking forward, QY Reports …

 

 

 

 
 

World Bank, AfDB blacklist nearly 20 Kenya firms over fraud – Business Daily

Business Daily

The World Bank said last week an investigation conducted by its corruption-fighting unit had established that ADP had engaged in fraudulent practices …

 

 

 

 
 

What Do You Mean By Mortgage Broker? – RecentlyHeard

RecentlyHeard

A loan officer on the other hand works for the lender. A mortgage broker is licensed by the state and is also liable for any fraud related to the loan …

 

 

 

 
 

WEB

 
 

Mortgage Fraud Risk Analyst Job in Richmond, VA – Truist Careers

Truist Careers

Provide fraud risk subject matter expertise in mortgage loan file review and support of underwriting and servicing functions. ESSENTIAL DUTIES AND …

 

 

 

 

 

     
 

Foreclosure Daily New Update ⋅ November 15, 2021

 

 

 

 
 

Chicago Foreclosure Activity Skyrockets – If You Believe The Data – ChicagoNow

ChicagoNow

With the foreclosure moratorium lifted 3 months ago foreclosures are starting to slowly make a comeback but Chicago had a major spike.

foreclosure | Urbanize Detroit – Urbanize LA

New Jersey’s home foreclosures moratorium ends on Monday – Lakewood News Network – Lakewood News Network

Full Coverage

 

 

 

 
 

Avoiding Commercial Property Foreclosure – National Mortgage Professional

National Mortgage Professional

A new report from Mortgage Rail suggests that avoiding commercial property foreclosure can be achieved by executing a successful commercial loan …

Lawrenceville Foreclosure Attorney – The Ballard Law Group – The Ballard Law Group

Mortgage Specialist Jobs in Richmond, VA – Rose International – Rose International

Tips for Purchasing a Foreclosure – Tammy Morrison Real Estate – Tammy Morrison Real Estate

Full Coverage

 

 

 

 
 

CFPB releases report on pandemic foreclosures | News by Edition

RESPA News

The Consumer Financial Protection Bureau has released a report detailing how the agency has helped struggling homeowners avoid another foreclosure …

 

 

 

 
 

Hundreds of Millions of Shekels Meant for Hamas Foreclosed – Hamodia.com

Hamodia.com

The Aid 48 organization, known as the “Islamic Association for Orphans and the Needy,” was served with a foreclosure order of NIS 427 million …

 

 

 

 
 

Five things you need to know today, and I tried Kroger’s smart cart – Cincinnati Business Courier

The Business Journals

Foreclosure lawsuit filed against Carew Tower owner … Veles Partners LLC filed a foreclosure complaint against Carew Realty Inc. and Greg Power, …

 

 

 

 
 

While Consumer Stress Remains Historically Low, Accelerating Inflation and Slowing …

Business Wire

As the economy continues to normalize, bankruptcies may rise next year. LegalShield Foreclosure Index. The Foreclosure Index inched up in October and …

 

 

 

 
 

‘We’re Making Houses Affordable For Kaduna Residents’ – Leadership News

Leadership News

Last year, the Kaduna State Mortgage and Foreclosure Authority issued requirements for eligible Kaduna residents to secure loans through the …

 

 

 

 
 

Bottom Line: Tunbridge getting a general store, more room to for brewer to brew – Valley News

Valley News

Some relief is at hand. Tunbridge residents Lois and Mike Gross have purchased the North Tunbridge General Store, which they acquired in a foreclosure …

 

 

 

 
 

Bottom Line: Tunbridge getting a general store, more room to for brewer to brew – Valley News

Valley News

Tunbridge residents Lois and Mike Gross have purchased the North Tunbridge General Store, which they acquired in a foreclosure auction on Oct. 19.

 

 

 

 
 

California’s mortgage fraud risk rises in 2021 | firsttuesday Journal

first tuesday Journal

… when a borrower fails to disclose past foreclosures or present real … may call the mortgage due, which may ultimately lead to foreclosure.

 

 

 

 
 

PJSC Sberbank : Sberbank launching mortgages for foreclosed apartments | MarketScreener

MarketScreener

SberBank borrowers can now buy new foreclosed apartments, including non-residential ones, from the bank. The procedure is very simple:.

 

 

 

 
 

Waste of money? County, Sweet Home wants to download the old factory site, but it won’t …

BollyInside

Even before the foreclosure, however, the property presented numerous problems. There have been multiple fires at the property, many of which were …

 

 

 

 
 

Cleveland Black Futures Fund accepting second round of grant applications – YouTube

YouTube

A Foreclosure Auction Goes Wrong…The Banksters Dancing. Matthew Weidner. Matthew Weidner. •. 1.2M views 6 years ago …

 

 

 

 
 

New amendments will allow loans from pensions – Mmegi Online

Mmegi Online

Keorapetse wanted to know the extent of mortgage foreclosure, whether banks were still helping with mortgage deferral plans introduced last year …

 

 

 

 
 

Mrs. Marvelous Is Your First Look Season 4 of Maisel has arrived. – Ceng News

Ceng News

Midge (Rachel Brosnahan), who appeared to have saved her family’s home from foreclosure, now has to deal with the state of her finances.

 

 

 

 
 

Kerala Minister attends wedding of daughter of absconding bank fraud accused – Daijiworld.com

Daijiworld

The fraud turned serious when a 64-year-old depositor committed suicide after he received a foreclosure notice for recovering amounts that he …

 

 

 

 
 

WEB

 
 

list of bank-owned foreclosed properties – TD Bank

TD Bank

 

 

 

 
 

SHERIFF FORECLOSURE SALE

SHERIFF FORECLOSURE SALE

The Sheriff’s Foreclosure Sale will take place @ 1:00 pm inside the Large Conference Room in the Lobby of 2 Bergen County Plaza.

 

 

 

 
 

Pasco County Tax Deed Auctions

realtaxdeed.com

 

 

 

 
 

foreclosure Archives – Chicago Reader

Chicago Reader

Wall Street-backed firms are duping would-be homebuyers, 50 years after Martin Luther King Jr. and west-side activists fought against housing …

 

 

 

 
 

LARGE LOT IN CALIFORNIA CITY, KERN COUNTY CALIFORNIA! FORECLOSURE! Only …

Government Auction.com , LLC

Lot #149: LARGE LOT IN CALIFORNIA CITY, KERN COUNTY CALIFORNIA! FORECLOSURE! Only $49 A Month!!! All …

 

 

 

 
 

Daniel Perez – Foreclosure Specialist – Document Curative – Shellpoint Mortgage Servicing | LinkedIn

LinkedIn

Well trained in Foreclosure and Property Taxes. Over 2 years handling a Foreclosure Timeline, focusing mainly on holds and delinquent files.

 

 

 

 
 

Foreclosure.com Scholarship Program | Fastweb

Fastweb

The Foreclosure.com Scholarship is available to currently enrolled undergraduate students. To be considered, you must submit an 800 – 2000 – word …

 

 

 

 
 

Foreclosure. – STUDYMAT

STUDYMAT

In this article, we will discuss Foreclosure. The foreclosure status is when a commitment is made without exploring alternatives.

 

 

 

 
 

Foreclosure Hearing Exhibits C/A 2018-CP-23-05791 Plaintiff: 20 Cap Fund I, LLC Defendants

Greenville County

Foreclosure Hearing Exhibits. C/A 2018-CP-23-05791. Plaintiff: 20 Cap Fund I, LLC. Defendants: James Steven Steadman, et al.

 

 

 

 
 

Foreclosure/Trustee Auction – E-19397A

Auction.com

Foreclosure/Trustee Auction – E-19397A. Wyoming Public Foreclosure Sale (E-19397A). Filter Properties By. Property Type. Single-Family …

 

 

 

 
 

26-c2705 – borrower assistance and resource information form – DCRegs – DC.gov

Search – DCRegs

1189; codified in scattered sections in the D.C. Official Code), as amended by the Saving D.C. Homes from Foreclosure Amendment Act of 2010, …

 

 

 

 
 

Foreclosure/Trustee Auction – E-19211A

Auction.com

Foreclosure/Trustee Auction – E-19211A. Iowa Public Foreclosure Sale (E-19211A). Filter Properties By. Property Type. Single-Family. Multi-Family …

 

 

 

 
 

FACING FORECLOSURE OR A SHORT SALE? – real estate wanted – apartment… – Craigslist

Craigslist

Are you facing a possible foreclosure or short sale? Do not wait until next year before your options are limited.

 

 

 

 
 

2021CH000042 PNN Foreclosure | Legal Announcements | pantagraph.com

The Pantagraph

Details for 2021CH000042 PNN Foreclosure. 8 hrs ago. IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT MCLEAN COUNTY – BLOOMINGTON, ILLINOIS Bank …

 

 

 

 
 

6 Foreclosure Litigation Attorney Jobs in Princeton NJ Near Me | LawCrossing.com

Law Crossing

6 Foreclosure Litigation Attorney Jobs in Princeton are now available on LawCrossing.com, America’s #1 Legal Job Site. Your legal job search ends …

 

 

 

 
 

Lille Home Premium Stainless Steel B Food Bento Lunch Sales Containers – Vasconseil

Vasconseil

… Kitchen Dining , Storage Organization,/self-help/foreclosure/foreclosure_conversion,Steel,Lunch,Lille,B,Stainless,Home,$18,Premium,Food.

 

 

 

 
 

Westgate Resorts Foreclosure Specialist (Onsite Role) | SmartRecruiters

Smart Recruiters Jobs

This position is responsible for providing process and analytical support for all Foreclosure accounts in the Account Services Department.

 

 

 

 
 

Top 10 Best Foreclosure Defense Cases in Antioch, CA – Last Updated November 2021 – Yelp

Yelp

Reviews on Foreclosure Defense Cases in Antioch, CA – Law Office of Mark A. McLaughlin, Law Office of Martin T. Gonsalves, Law Office of Michael …

 

 

 

 
 

Foreclosure assistance in the United States – acreme

acreme

Foreclosure assistance in the US by state … User Agreement Open in Yandex.Maps Search Traffic Now Statistics Layers Map Satellite Hybrid Panoramas …

 

 

 

 
 

2055 Form: FHA-HUD- Foreclosure: Is There A WAIVER for Assumptions to Interior …

Appraisers Forum

you have to understand that your guess is better than their guess, and you have the ‘extraordinary assumption’ safe card. it’s in pre foreclosure, …

 

 

 

 
 

Yakima – Staff Attorney – Foreclosure Prevention Unit – paycomonline.net

paycomonline.net

FPU attorneys work in collaboration with the statewide network of foreclosure defense advocates to address the legal needs of homeowners to mitigate …

 

 

 

 
 

Answer With Affirmative Defenses #2 | PDF – Scribd

Scribd

Answer with 37 Affirmative Defenses – Securization, Trust from Joseph Klein Esq. an elite Florida Foreclosure Defense Lawyer …

 

 

 

 
 

FORECLOSURE OF CHATTEL MORTGAGE OR PLEDGE Act 57 of 1877 566.191 Repealed …

Michigan Legislature – State of Michigan

FORECLOSURE OF CHATTEL MORTGAGE OR PLEDGE. Act 57 of 1877. 566.191 Repealed. 1962, Act 174, Eff. Jan. 1, 1964. Rendered Monday, November 20, 2017.

 

 

 

 
 

STOP Foreclosure TODAY – real estate wanted – Corpus Christi Craigslist

Corpus Christi Craigslist

This past year and half has been TERRIBLE for all of us! All of us have been SHAKEN TO THE CORE. If YOU OR SOMEONE YOU KNOW is facing Foreclosure …

 

 

 

 
 

Greenspoon Marder LLP hiring Timeshare Foreclosure Clerk in Orlando, Florida, United States

LinkedIn

Posted 11:10:52 AM. Greenspoon Marder is a national full-service business law firm with 240 attorneys and 26 locations…See this and similar jobs …

 

 

 

 
 

2055 Form: FHA-HUD- Foreclosure: Is There A WAIVER for Assumptions to Interior …

Appraisers Forum

You can assume, you just can’t extraordinarily assume. I do these on a semi regular basis and make sure to cover my butt by stating what …

 

 

 

 

 

     
 

FRAUD STOPPERS Daily News Update ⋅ November 15, 2021

 
     
 

Kinston Police seek help identifying suspects in case of fraud – Neuse News

Neuse News

Calls to Crime Stoppers are confidential and anonymous, and the caller may be eligible for a cash reward for information that leads to an arrest.

 

 

 

 
 

New book alleges Fox’s Maria Bartiromo shouted at Bill Barr about imagined voter fraud – KTVZ

KTVZ

Former attorney general Bill Barr says Fox News host Maria Bartiromo called him up “screaming” about imaginary voter fraud, according to his …

 

 

 

 
 

Kleefisch files lawsuit against the Wisconsin Elections Commission – CBS 58

CBS 58

Last month, the Racine County Sheriff revealed details of their own investigation into the 2020 election that claims cases of voter fraud occurred …

 

 

 

 

 

 

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