FLORIDA (un)Fair Foreclosure Act On The Move!


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EMERGENCY- FLORIDA (un)Fair Foreclosure Act On The Move!
February 6th, 2012 | Author: Matthew D. Weidner, Esq.
It looks like the Florida House of Representatives will move on Wednesday, February 8 to hear the Florida (un)Fair Foreclosure Act.

The bill number currently under consideration is Committee Substitute for House Bill 213. Please take the time to read the bill in full here.


It is especially important to call the chairperson Dorothy Hukill and make sure she knows this is a bad, bad bill:

Capitol Office
204 House Office Building
402 South Monroe Street
Tallahassee, FL 32399-1300
Phone: (850) 488-6653

But make sure you hit all the legislators on the committee. They need to know that this bill it toxic and will be very, very controversial. It is still being amended and more bad news is being thrown into this every day. The bottom line is it is a reward to the banksters that caused all this mess, paid for by the little guy.

Among the most disturbing aspects is that it would turn some foreclosures into “show cause” proceedings that could deprive a homeowner of the right to raise defenses and could result in a sale in as little as 90 days!

The bill would require some Defendants to make payments to the pretender lender as a condition of having their voice heard in court.

The bill would apply to all foreclosures currently pending



35 Responses

  1. @joann – you’re right. Take out MERS. Back out MERS. Look at , define, know what must be done by law and ‘normal’ contract pre-MERS (but beware – while we were sleeping they got some laws changed in their favor). Once that is known, it can be applied to
    any circumstance, MERS or no.

  2. @e.tolle – the borrower does appear to have granted MERS the right to foreclose, but that is not how foreclosure is done, pursuant to that alleged right. That recitation was a trick, a ruse, a deceitful act, long and short, against the borrower. It just looks legitimate, which is why everyone signed the bloody instrument, and, you know, that’s a good description of that document: a bloody instrument. It has the blood of the American polity and their dreams on it. And what is the “if by law or custom”? What law? What custom?
    Since you mentioned Eaton’s representation, I’ll say I was somewhat taken aback myself. I listened to the oral arguments and of course, read the briefs (but not all yet). I didn’t like Eaton’s supplemental brief much at all. Well, in fairness, I guess the guy was trying to address his perception of the court’s concern of an armageddon for the retroactive application of the ruling, if that ruling be in Eaton’s favor. But I was disturbed that little attention was paid to the law and why it should be followed: it’s the law. The brief spent its time more to dissuade thinking all hell would break loose. It’s folly to think all hell breaking loose isn’t a consideration, I suppose. But hell has already broken loose, more appropriately stated been waged no-holds- barred- take-no-prisoners against the American polity and the law for that matter by that gang. Without proper rulings in our courts, we are defenseless in the war that’s already raging. They got their years long headstart, and a lot of that is due to funds provided by the people they are killing. And they also had time to make whatever changes they could in their policies to act lawfully AND still ‘protect’ what could be protected. They chose not to. That is the unassailable truth and one I hope the court considers.

    My personal feeling is that if the law on which the decision is being made is the same as the law, say, 5 – 10 years ago, the court must make the ruling retroactive. But if the court has come to understand the ‘illegitimacy’ of MERS, there may be other considerations. The newly filed NY AG action, though it misses the real mark imo, is still an eye opener for those who hadn’t yet ‘gotten there’. It’s a large crown of thorns the MA SC’s justices wear just now. They’re human and thus have an eye toward their own legacies, and they have to define and acknowledge, imo, who they are to make this decision. Imo, it’s the law or it isn’t. I don’t envy them.
    There is no reason people can’t write to the justices of that court or any court. Our arguments or issues or concerns won’t be a part of any official record of course, but we are free to voice our opinions and they are free to read their mail.

  3. Katheryn:

    THERE IS, YOU CAN BET ON IT. In 1984-88, and then some, properties went to investors for $30 cents on the dollar. And those investors hung on to the properties for 10 years renting them out and then sold them off for 110 % once the economy seasoned the upward trend.

    Same old story – the investors are going to buying up, renting them out and take what equity you would have had – it is the way it works and the government appears to be behind it, along with the Banks. What else can I say.

  4. joann

    Thanks. Your post just cleared up a question I had myself. My original loan was MERS. When BoA did the refi. MERS was no where to be found. However, it was the same game with all players except MERS. That has been a small nagging question in my mind; would the elimination of MERS change the dynamics of anything I have brought forth to the court; the answer is, “no”.

  5. Here’s another good one…for what it’s worth:

    “Say: Observe equity in your judgment, ye men of understanding heart! He that is unjust in his judgment is destitute of the characteristics that distinguish man’s station. He Who is the Eternal Truth knoweth well what the breasts of men conceal. His long forbearance hath emboldened His creatures, for not until the appointed time is come will He rend any veil asunder. His surpassing mercy hath restrained the fury of His wrath, and caused most people to imagine that the one true God is unaware of the things they have privily committed. By Him Who is the All-Knowing, the All-Informed! The mirror of His knowledge reflecteth, with complete distinctness, precision and fidelity, the doings of all men. Say: Praise be to Thee, O Concealer of the sins of the weak and helpless! Magnified be Thy name, O Thou that forgivest the heedless ones that trespass against Thee!”

    Gleanings from the Writings of Bahá’u’lláh,
    Source: US Bahá’í Publishing Trust, 1990 pocket-size edition, Pages: 200-205

  6. @E.Tole:

    “the argument that will lead the US Supremes to rule the way that we know they will, for the masters of the universe that they serve”

    Thanks for your clear explanation of what is at issue. I hope and pray that this ruling will not come down in the way you predict. I for one along with a few others may decide to seek refuge on foreign shores as did our ancestors long ago (if there is a “pristine” foreign shore or planet left to seek).

    I don’t have a MERS mortgage or a Fannie Mae mortgage and yet the exact same issues are present in my mortgage. I live in a non-judicial state and MA is non-judicial. I am amazed that the word Beneficiary was not even used in the oral arguments for Eaton. I admidt I do not have a MERS loan and am looking only at my own documents without that complication but the issues are exactly the same.

    There is a Trustor and a Beneficiary (on my documents “lender” and “beneficiary” are one and the same entity) – only those two- Trustor and Beneficiary have a relationship ( and I would say that is true for MERS mortgages as well – nominees don’t change a thing – “note holder”, “debt holder”, “holder in due course”, “mortgagee”, “obligee”, “real party of interest”, “beneficiary” all one and only one .

    All others, even purportedly MERS exist merely to facilitate that relationship between Trustor and Beneficiary whatever you call them. Complex transactions do not change this relationship. The home is encumbered against a debt owed the beneficiary and no other. There can be a default to the beneficiary and no other. The beneficiary is the only party harmed by non-payment. The beneficiary is the only party who can produce the records of the remaining amount due.

    Yet we have what has become the norm over perhaps the last decade and not just to MERS mortgages – a default is declared by a party who is not the beneficiary – the amount of the default is declared by a party who is not a beneficiary using the records of a party who is not a beneficiary – an assignment “For Value Received” is made by a non-beneficiary to a party who will foreclose with no proof or “writing” of any kind even for the challenge or asking by the Trustor that the party who assigned them that interest ever had any ownership of the mortgage at all and this is accepted by all against state real property statutes and against UCC code and federal regulation.

    This party is purposely hidden (deemed irrelevant by banks and courts) and never disclosed to the borrower until its name is entered on the bill of sale so to speak. The borrower never has a timely chance to receive an accounting of the true amount due this party (3rd and 4rth and 10th party servicers make mistakes, add in their own hefty charges, do not speak from the first hand records of the beneficiary and are not authorized agents of the beneficiary) and nothing is ever recorded or produced in court showing the party who made the assignment to them ever received anything at all that could be assigned to anyone.

  7. @ Kathy Charlotte, yes, our rights have been taken away. The same court (Eaton) that asked the question – since the borrower hadn’t paid her insurance and taxes, wasn’t foreclosure proper anyway? WTF? The United States of Fiefdom.

    Do we just get into the cattle cars now, trusting that there are nice jobs awaiting us after the showers?

    Or since we’re no longer productive members of society, shouldn’t we just be euthanized to make way for the younger studs….it’s not that far out of line when one class does what it will with the others. And oh btw, they’re passing the law as we speak to set drones free to fly the once friendly skies across the Motherland USA.

    So we have to become more knowledgeable than 99% of the attorneys out there, in order to defend our homes from the marauders. Why do I say 99%? Because I’ve argued with too many to count on these issues, and they don’t have a clue. The majority of attorneys walking the street still think we’re trying to get a free house. They simply don’t understand that these are core constitutional issues we’re talking about here.

    And all the while the AGs lick their chops, admitting openly that their pocketbooks are empty. I wonder why that would be? Would it have anything whatsoever to do with MERS not paying recording fees? Or just as bad and rarely brought up is the lack of transfer taxes paid, due to F&F’s claiming government ownership therefore no need to pay taxes, which is just not the way it is. These entities were brought into conservatorship, they are still private legally. They have to pay transfer fees.

    But our legislators don’t care, for they’re all lined up at the troughs feeding, when they can elbow their way past the regulators. Not to mention that the back door of the trough empties directly into Congress to the left, and to the white shoe firms in NY or K Street on the right. They can have it both ways. We get it not at all.

  8. classic kathy re: black hole of the unknown!

    After 12 yrs of real estate investment using mostly small commercial banks THAT ACTUALLY SENT ME BACK THE NOTES CROSSED OUT AND MARKED PAID after I paid them off… I had a huge lightbulb going on moment when I pulled out the papers to see MERS on my 2005 and 2007 normal retail refis.

    I am not a lawyer but I really READ the mortgage (finally) and thought mmmm this really is odd indeed. Why the heck would you put MERS as nominee for some small lender on the mortgage? Thus began 10,000 hours of internet research into securitization.

    Anyhow so fast forward …the 2005 mortgage I have MERS/MortgageIT recorded at the county.. MortgageIT imploded and was swallowed up by parent Deutsche Bank. And MERS as we know owns nothing… ever.

    So I sent certified letter to address listed in the mortgage document under the NOTICE provision asking MortgageIT if they had any further interest in my mortgage lien. Letter came back undeliverable.

    I sent debt validation letter to servicer Wells Fargo asking them to please provide proof of authorization to collect payments and to provide name of Trust where loan was. Copied Fannie Mae. WF finally replied 6 months later and said they have a ‘valid lien’ and that neither WF or FM would tell me which trust owned the loan.

    So I stopped paying and gave a deposit to a lawyer. I know all the above means nothing legally but it shows you how convoluted everything is.

    So I guess we will see how valid their lien is. Or at the worst how long it will take them to enforce it.

    Good Luck!

  9. E.Tolle speaks the truth.

    We are completely devoid of justice.

    But, since the human race cannot survive without justice, it will come…eventually.


    The best beloved of all things in My sight is Justice;
    turn not away therefrom if thou desirest Me, and neglect it not that
    I may confide in thee. By it’s aid thou shalt see with thine own eyes and not through the eyes of others, and shalt know of thine own knowledge
    and not through the knowledge of thy neighbor. Ponder this in thy heart;
    how it behoveth thee to be. Verily justice is My gift to thee and
    the sign of My loving kindness. Set it then before thine eyes.”

    –from the writings of the Baha’i’ Faith.

  10. @ E-Tolle.
    We have 3 claims by three seperate financial institutions on one of our titles. (Origional purchase mortgage, no refinance). Our Right to enjoy, to refinance, payoff and transfer or sell this property has been taken away. We need a court order to fix our title.

    It appears we have fallen thru the cracks …….. and into the black hole of the unknown.

  11. One of the questions at the core of Eaton is, since the borrower agreed in the mortgage that MERS could foreclose, is there any reason that the note and the mortgage have to be reunited?

    This is how it happens people. In order to throw away the rule book and further grease the securitization scheme, the one where we all run inside the little cages while the 1% place bets upon our toils and troubles; from auto loans, to payday lenders, from school loans to mortgages, they’re deciding to chuck black letter law. It’s not the first time, and I’ll guarantee you that this is the agenda across the land for Supreme Courts, or probably more likely, the argument that will lead the US Supremes to rule the way that we know they will, for the masters of the universe that they serve.

    The MN Supreme Court has already done so, when it said, “A broader review of our case law demonstrates that it is possible for a party to hold legal title in the security instrument (mortgage)—title that evidences apparent ownership but does not necessarily signify a beneficial interest—without holding an interest in the promissory note.” Check.

    Proponents argue that this is the modern age, and that securitization demands a splitting of the note and the deed, that Carpenter v. Longan is outdated. But we all know the ramifications of this. In my own case, TWO BANKS CLAIM OWNERSHIP! How can this be? It can’t. It’s a legal impossibility. IT”S FRAUD! But it’s par for the course when the two instruments are allowed to be split, especially if unity isn’t required or demanded prior to foreclosure. And in non-judicial actions the borrower is tossed to the curb, without any justice whatsoever.

    I find it amusing (wrong word) that they’re allowing a third year law student to argue the Eaton side of this deal in Mass. I’ve heard he’s tripped on himself a couple of times. How come Fannie Mae’s side is argued by an extremely competent attorney, and the Eaton side is argued by a non-lawyer? Am I asking too many questions about this? Would they allow a student to argue in a death penalty case? Is this one not pretty damned important?

    This is all a part of a grand scheme that’s been planned without the public’s consent for decades now….the implanting of MERS as the database that perfectly, or so they thought, hid the complexity behind their note destruction mechanism, causing the creation of trillions or quadrillions in bogus leverage. We are simply pawns on their gameboard. They’ve screwed the pooch with MERS, but it’s far from checkmate. Their attempt is to still shift the law in the higher courts. We’ve been watching the lower courts rule along these lines for years. That’s why Eaton is there, due to both the lower court and the BK ruling that unity of the instruments wasn’t necessary.

    And one day when others find themselves in the position that I’m in, with two creditors both believing adamantly that they each own the mortgage, without knowing that the other entity also lays claim, you can see where this will end up. If the courts, the regulators, the AGs, the DOJ, aren’t interested in listening to any of us, imagine the frustration of having already paid off your mortgage, only to have yet another interloper come along and claim ownership. It’s called debt peonage friends. Welcome to it.

  12. @Chris,
    Pam Bondi, and the Florida Capital gang are as corrupted as any in history.
    Why is there no prosecution on the hundreds of thousands of fraudulent assignments of mortgage prepared by DOCX?
    Every employee, and every notary, with the exception of the receptionist and the janitor at DOCX and their controllers at LPS should be arrested, before the statue of limitations runs out.
    Only them will low paid workers refuse to do criminal acts for employers, who sell fraud.
    E-Mail copies of the lawsuits and state prosecutions of criminal deeds of these fraudsters, to your state AG and demand they back out of the settlement talk with people they should be investigating, and prosecuting.

    Tell them they are standing on the wrong side of history, and that a backlash of public opinion in the future, could see them defending their actions, or lack of them in court.

  13. @johngault:

    RE Eaton

    The the official MA Supreme Court Docket is here along with all the amicus briefs:


    You can see a video of the oral arguments before the court here:


    You said once (essentially I think) that it is ridiculous that this even ever had to be a question that reached the supreme court level in the first place. I agree. What have we come to? The emperor has no clothes. I think this court will eventually say this in no uncertain terms.

  14. Why Hurry ? remember on the 02 / 15 / 2012 is a big Court day
    in Chicago about HELOC CHASE CLASS ACTION

  15. Personally, I think it is time to consider suits against the AG’s.

    “That is unconstitutional and is therefore an abuse of judicial power.
    It’s also an abuse of legislative authority”

    Violating citizens rights, under the constitution is a problem. We are seeing this type of behavior more and more. The AG’s are enabling, concealing, aiding and abetting fraud. If Legislation like this passes, everyone here will lose their houses. Can’t we get together here and do something collectively?

    Thoughts anyone?

  16. Carie, my attorney was involved in this MESS

  17. This might be of some interest. If you research Golden Tree Insites, you will find that they are taking full advantage of this program. Also, a general question, the partners of Golden Tree are Thomas Shapiro and Steven Shapiro. I have searched the web to try to find if there is a connection with these two to Mary Shapiro of SEC and also real cozy with DeMarco. If she is related and Golden Tree are the “golden” boys of this new capital venture; would that not be somewhat of a conflict or having the advantage of an inside scoop and advantage. I don’t know; something with this whole “buy up the foreclosure” thing stinks.




    Also, notice that the FHFA advertisement states that pricing will be close to market rate. Yet when you read Golden Tree Insite’s press coverage it quotes Thomas Shapiro as stating they got a great deal? I am probably grasphing at straws here, but I just feel like there is much more than meets the eye here.

  18. @matchnr ,

    You said we should all become John Galt ,,, I say we should all become Ragnar Daneskjoldt and take away their winnings… file contests to all sales!

  19. Other briefs in Eaton available here:


  20. If you don’t think there’s value in noticing and preserving your claims regarding the foreclosure on your homes, better take a gander at this. It’s Eaton’s supplemental brief, MA SC ,and it discusses pending legislation iin various states, related to the bona fide purchaser doctrine. Our legislators are trying to do away with what’s left of our rights. They want a quick fix for clouded titles and are planning some God-awful remedies which are unbelieveable. This is how it happens. This is how our rights are stripped. Quietly. If I hadn’t read this brief, for instance, I wouldn’t know til after the fact of the legislation. (The question here if you missed it is the retroactive application of any ruling made in Eaton regarding unity of the note and collateral instrument, but this doc is full of horrors)


  21. johngault, on February 6, 2012 at 9:16 pm said:

    “The bill would require some Defendants to make payments to the pretender lender as a condition of having their voice heard in court.”

    That is unconstitutional and is therefore an abuse of judicial power.
    It’s also an abuse of legislative authority.

    johngault, on February 6, 2012 at 9:17 pm said:

    “joann – got link please? thanks”

    johngault – the quote is from this page last three paragraphs from Matt Weidner. Point I was making is that this is already how it is done in non-judicial at least in CA. The payments to the pretender lender are demanded by judges as in bond or tender.

  22. Are all of these attorney generals , that are signing on to this 25,000,000,000 dollar deal retards or just too rich to understand what’s going on here in america .

  23. Did these florida house of representives forget to take the geritol again .

  24. Is this only for Florida residence



  26. John Galt, we should all become him.

  27. http://www.huffingtonpost.com/2012/02/06/foreclosure-settlement-deadline_n_1258833.html?ref=business

    Foreclosure Settlement: More Than 40 States Join On Before Deadline

    * Dozens of states meet deadline to join mortgage deal

    * Many states won’t comment about their participation

    * Deal faces another setback after banks balk at NY suit

    * California angling for more control over relief

    By Aruna Viswanatha and Karen Freifeld

    Feb 6 (Reuters) – A proposed mortgage settlement in the works for more than a year will move forward with more than 40 states joining the deal before a Monday deadline, Iowa Attorney General Tom Miller said in a statement.

    States had been given two weeks to assess a proposed settlement, under which top U.S. banks would pay up to $25 billion in exchange for resolving civil government lawsuits about misconduct in servicing home loans and pursuing faulty foreclosures.

    “The sign-on deadline for the proposed joint state-federal mortgage servicing settlement passed Monday with more than 40 states signing on. This enables us to move forward into the very final stages of remaining work,” Miller said.

    “Federal and state officials, as well as representatives from the banks, continue to address matters that they must complete before finalizing any settlement,” Miller added.

    Officials had hoped to announce a final settlement as early as this week. It is unclear if the Obama administration and a group of states will move ahead with a smaller settlement if holdouts continue to drag their feet.

    Some states and activist groups have been concerned the proposed deal would release banks from too many claims and does not provide enough relief to homeowners.

    California Attorney General Kamala Harris, whose participation would grow the size of the settlement by some $6 billion to $8 billion, was not expected to issue any statement on Monday, a person familiar with the matter said.

    On Friday, Harris told Reuters she was “less concerned with the timeline than the details” of the settlement.

    A New York lawsuit filed on Friday against JPMorgan Chase , Bank of America and Wells Fargo has also become a stumbling block, according to a person briefed on the negotiations.

    This person said on Monday that the banks are balking at a lawsuit from New York Attorney General Eric Schneiderman that accuses them of fraud in their use of the electronic mortgage registry MERS.

    The lawsuit is based on claims that were expected to be resolved through the settlement.

    The multi-state settlement talks are focusing on the three banks named in Schneiderman’s suit, as well as Citigroup and Ally Financial.

    Schneiderman has been a key opponent of the proposed settlement.

    However, Schneiderman said Jan. 27 that the liability releases in the draft settlement had become narrow enough so that a full investigation by a new mortgage crisis unit that he will help lead could move forward.

    Jennifer Givner, press secretary for Schneiderman, declined to comment on Monday.

  28. Meet the Obscure Federal Regulator Who’s Not Helping Homeowners
    by Cora Currier
    ProPublica, Feb. 6, 2012, 4:14 p.m.

    Last week, ProPublica and NPR raised questions about a risky investment strategy at Freddie Mac that would pay off if homeowners stayed trapped in expensive mortgages. It’s just the latest example of how government-owned Freddie Mac and Fannie Mae have frustrated many by not putting homeowners first.

    Fannie and Freddie are required to help homeowners while earning profits so they can pay back the taxpayers who bailed them out. Here is our guide to the little-known federal regulator, Edward DeMarco, ultimately in charge of the two companies. You may have never heard of him, but as The Washington Post put it, he’s “the most powerful man in housing policy…”

    full article:


  29. http://www.huffingtonpost.com/2012/02/06/aaron-hand-mortgage-modification_n_1258374.html?ref=business

    Aaron Hand, Convicted For $100M Mortgage-Fraud Scheme, Paid To Have Key Witness Killed

    “…Hand, 40, acknowledged he began in July to try to arrange the slaying of one of the people who had cooperated with prosecutors and testified against him at his 2010 trial.

    With Hand at the center, the sprawling case involved a cast of corrupt mortgage brokers and lawyers who pocketed money that banks lent people to buy real estate, duping both sellers and buyers along the way, prosecutors said. The witness was one of 27 people who pleaded guilty or were convicted; prosecutors have refused to identify the person or discuss the outcome of his or her case.

    “The case itself was filled with rats. Big time. One – one got me pretty … good,” Hand told the investigator in a secretly recorded conversation when they met in August at Coxsackie Correctional Facility in New York’s Hudson Valley, prosecutors said when Hand was arrested in the hit plot last fall. “You don’t get a free pass in life when you put away 30 … people.”

    To get the investigator $150 to buy a gun, Hand told his unwitting parents and an associate he needed to bribe a prison guard to avoid getting transferred to a crummy cell, prosecutors said…”

  30. joann – got link please? thanks

  31. “The bill would require some Defendants to make payments to the pretender lender as a condition of having their voice heard in court.”

    That is unconstitutional and is therefore an abuse of judicial power.
    It’s also an abuse of legislative authority.
    Is there no end to this? Everywhere we turn there are holes we must plug. Some of us work around the clock on this stuff and still can’t keep up. The only thing I can think of to stem the tide of these rash, lawless atrocities is a presidential mandate telling them basically to knock it off, but what the heck are the chances? How many petitions and faxes and phone calls and demonstrations must we sign, do, and participate in?
    You people in Florida didn’t have enough to do, so now you can add calling your legislation and governer to the list. Cripes.

  32. This is absurd and if the people in Florida don’t get with it and serve those responsible for such a bill, let them know now that they are at the beginning of the last days in office. Now enough is enough and that is why I have had to stop reading this site. Neil puts out the best of information, but the people are doing nothing to back up the support he brings to the table.

    I am not talking about Occuppiers and tea parties, I am talking about each person that has an interest in protecting the rights of the people who can do something on an individual basis and then move collectively to wait and see the results.

    The Courts have sent the message to the people: The Banks do not have to follow the rule of law, but the people do. And as such, as this bill shows us, more and more will be taken from the people.


  33. Time to get your bulldozer out!

  34. “Among the most disturbing aspects is that it would turn some foreclosures into “show cause” proceedings that could deprive a homeowner of the right to raise defenses and could result in a sale in as little as 90 days!

    The bill would require some Defendants to make payments to the pretender lender as a condition of having their voice heard in court.

    The bill would apply to all foreclosures currently pending”

    Trying to turn Florida into California. If you can’t judicially foreclose and uphold the law at the same time – just change it to an automatic 90 day process and make the homeowner pay if he has a problem with that. No one will notice or care anymore No more egg on the face of judges. They can go back to playing golf in peace, retire early and the foreclosure mill can carry on without delay. All that bad press started in Florida and other judicial states. We never would have noticed anything out of order without the judicial example of Florida injustice.

    Just noticed in the Eaton case: ” 02/02/2012 #37 ORDER waiving 130-Day rule. Notice to counsel.” What does that mean? This critical decision gets put off to another day?

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