guidance residential lawsuit

The customer was advised that it could take 60+ days due to what was happening in the market, with extremely low rates. 18 U.S.C. After three years of research and development, Guidance Residential successfully designed their signature Declining Balance Co-ownership Program and launched Shariah-compliant home financing operations in 3 states. I never missed a single payment and I always called way ahead of time to make the payments. The Declining Balance Co-ownership program, does not involve payment of riba. During this program I was told to make four separate trial payments which I had to call in every single month. There is really nothing a new attorney could add on Quasem's behalf. Seven and onehalf months passed before Quasem submitted his February 24 letter requesting additional time. These claims fare no better. The Complaint in this case does not identify a pattern of racketeering, let alone cite specific examples. 2023, International Association of Better Business Bureaus, Inc., separately incorporated Better Business Bureau organizations in the US, Canada and Mexico and BBB Institute for Marketplace Trust, Inc. All rights reserved. Guidance Residential will only charge a capped fee of $50 or less for late payments. Your information is safe with us. Guidance also allegedly (1) misrepresented to Quasem and his wife their qualifications for the loan and their ability to repay the loan; (2) failed to disclose its affiliated business arrangements to Quasem; (3) never delivered good faith estimates of disclosures within three days of the loan application; (4) did not provide an itemization of the amount financed; (5) failed to disclose certain finance charges imposed as part of the loan or to explain how those charges were to be determined; (6) obtained or provided a hidden fee for referral of settlement business; (7) controlled selection of the service provider; (8) did not properly manage the escrow account; and (9) extended the loan knowing the price was based on an inflated appraisal report and that Quasem would not be able to repay it. You will upload the documents that are needed to complete BBB Business Profiles generally cover a three-year reporting period. Residential. ." Since the home was appraised at $100,000, Guidance would now be 70% owner of the home. Guidance Residential shares the risk with the homebuyer in case of natural disasters, eminent domain or foreclosure. We closed our mortgage refinancing on 09-14-20, and at that time the 2nd inquiry was never removed. Equity's costs for each background check came to just $8.50 per application, according to the suit. I want to make a complain about Mourad B****** and Melinda S*****. Any questions regarding such information should be directed to the consumer credit reporting agency below:******* ******** ************* ******* *******, Suite ***West Des Moines, IA ************************.comWe also obtained your credit score from ******* ******** *********and used it to make our credit decision. WHAT DO THE ACTS PROTECT? RgGo'W _z!+}gbMvv g0z CS+~6!\od }HxN^~VS6BPpi (/+h2 Guidance argues that Quasem's claims under the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. Accordingly, the Court dismisses Count XIII. financial damages . hbb For Payoff information, you will need to either have signed an authorization or call Customer Service at 1-877-402-0537 and provide the contact information for the 3rd party and authorize the release of the information to the 3rd party. If you choose to do business with this business, please let the business know that you contacted BBB for a BBB Business Profile. Make your practice more effective and efficient with Casetexts legal research suite. 0000006109 00000 n Sign up for our newsletter to stay up to date with the latest on mortgage news, rates and more. After re-contacting ******* ****, they did advise us that a credit report was actually pulled on 06/18/20 as well as 01/05/21. Mar. How is it my fault? The servicemembers who will receive compensation under this settlement were tenants at the following properties: An independent settlement administrator will contact the servicemembers to be compensated through this settlement in the upcoming months. An LLC, or limited liability company, is a business structurethatallows the owner to not be personally liable for the companys business activities,debts, and liabilities. Jacqueline ** W******Senior Compliance Analyst. See 12 C.F.R. The law firm of Kessler Topaz Meltzer &amp; Check, LLP (www.ktmc.com) informs investors that a securities class action lawsuit has been filed in the United States District Court for the Southern . The Purpose of an LLC in Islamic Home Financing, 11107 Sunset Hills Road, Suite 200, Reston, VA 20190. For example,someonemay beinjuredinahomeand proceedto suethe owner. 0000008008 00000 n This is also the same date the borrower made a payment totaling $7000. The Court notes that although there appears to be complete diversity of citizenship, the Complaint does not allege that the matter in controversy exceeds the $75,000 necessary to establish original jurisdiction under 28 U.S.C. 0000001677 00000 n The fee covers the expenses involved in administering a late payment rather than the standard 5% penalty, and will not be profited by Guidance Residential. Get your pre-qualification status with Guidance Residential. We are truly sorry for the inconvenience this may have caused *** *******and his Family. But, in fact, Quasem's "attorney" never entered an appearance in the case. T: 202-708-1112 Guidance Residential, a leader in Islamic finance, offers unique benefits that distinguish it from other home financing providers. A civil lawsuit, which is sometimes also called civil litigation, is a lawsuit based on non-criminal statutes, meaning it is a completely separate entity from criminal proceedings or criminal court. The customer explained that he made a payment in November 2020 that satisfied four of the payments which were outstanding due to the forbearance. %PDF-1.6 % View document checklist. A civil lawsuit is a dispute handled legally by the courts, such as a personal injury lawsuit. I have all the proofs. trailer Housing discrimination is illegal in nearly all housing, including private housing, public housing, and housing that receives federal funding. It is illegal discrimination to take any of the following actions based on race, color, religion, sex (including gender identity andsexual orientation), disability, familial status, or national origin: For more information about discrimination in mortgage lending, visit Fair Lending. Specifically, this guidance addresses how the discriminatory effects and disparate treatment methods of proof apply in Fair Housing Act cases in which a housing provider justifies an adverse housing action - such as a refusal to rent or renew a lease - based on an individual's criminal history. The settlement also requires PRG to repair the credit of affected servicemembers, provide SCRA training to its employees and develop new policies and procedures consistent with the SCRA. NEW YORK, April 28, 2023 (GLOBE NEWSWIRE) -- Bragar Eagel & Squire, P.C., a nationally recognized stockholder rights law firm, reminds investors that a class action lawsuit has been filed against . startxref View document checklist. 0000000975 00000 n An official website of the United States government. On 01-05-21, without my consent, my credit report was pulled 3rd time and I escalated again on 01-05-21, since we didnt apply for an additional mortgage loan and previous loan was closed on 09-14-21, so why my credit was pulled 3rd time. 15, 2011); Rezende v. Citigroup Global Mkts., Inc., No. And the best part of all, documents in their CrowdSourced Library are FREE! Id . It is our goal to provide financing to our customers, and we hope that we are able to complete this transaction for *** *****. 0000010829 00000 n Similar models utilized in the United States can only avoid trading in debt by keeping the contracts on their balance sheets and not selling contracts in the secondary market to Freddie Mac or Fannie Mae. We gained considerable experience in our ongoing work with Freddie Mac, a public government sponsored enterprise that promotes home ownership by expanding the secondary market for mortgages. The fee covers the expenses involved in administering a late payment rather than the standard 5% penalty, and will not be profited by Guidance Residential. 332 0 obj <>/Filter/FlateDecode/ID[<2ACEAD3D562D2A4B8FA0858DC911B0DB><1C5945D6DF336448ADDB7103BD5140AA>]/Index[317 29]/Info 316 0 R/Length 86/Prev 246943/Root 318 0 R/Size 346/Type/XRef/W[1 3 1]>>stream It seems like you guys were waiting for the rates to go up. Our app is available on the App Store and Google Play. Our men and women in uniform deserve all the protections the SCRA provides them against civil lawsuits while they are defending our nation, said Assistant Attorney General Eric Dreiband. An error occured while processing your request. In addition, if you find that any information contained in the report is inaccurate or incomplete, you have the right to dispute the matter with the reporting agency. Under the SCRA, if a landlord files a civil lawsuit against a tenant and the tenant does not appear, the landlord must file an affidavit with the court stating whether the tenant is in the military before seeking a judgment. In Counts XI, XII, and XIII, Quasem argues that all the Defendants conspired to commit mail fraud, conspired to commit wire fraud, and violated the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. What Documentation Is Needed When Applying for Islamic Home Financing? as a result of their predatory loan." After less than three years of operations, Dar Al Tamleek achieved the leading share of the Saudi mortgage market and won numerous local and regional awards for the quality of its customer service and products. 0000015557 00000 n *******FICO Score 5 scores can vary from 334 to 818. Why my file was waiting for so long. You have the right under the Fair Credit Reporting Act to know the information contained in your credit file at the consumer reporting agency. DO inform your insurance agent or broker. And ifprivacy is a concern, having an LLC is beneficial as it is not as easy to find public records, like how much was paid for the house when it was purchased underan LLCand not the owners name. These options may vary depending upon investor participation and approval. 1331, 1367. II. This letter is in response to your inquiry regarding ****** ********. initiated by Guidance Residential and do show up in the ******* **** system. 1962(a)-(c); see also Sedima, S.P.R.L. In your inquiry you provided a copy of a complaint which the borrower submitted to the Better Busines Bureau (BBB) and requested that we provide clarification regarding the customers concerns. Not one person from Guidance or US Bank ever reached out to me, I was the one calling them making sure that my car was in good standing. 7th, 2021. CONTACT AN ATTORNEY TO DISCUSS YOUR RIGHTS: Jonathan Naji, Esq. Secure .gov websites use HTTPS We will launch a digital customer portal to give customers real-time insight into project status and timelines and provide a post-install communication and support tool. underwriting review. 0000001482 00000 n In addition, it is illegal discrimination to: For more information about advertising and the Fair Housing Act, visit Advertising and Marketing. When the borrower called on June 16, a request was submitted to provide the borrower with an amortization schedule which would provide information regarding how future payments would be applied. I am really upset with Guidance's customer service. In Count I, Quasem contends that Guidance violated several provisions of RESPA and the corresponding regulations. The Fair Housing Act protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities. See details. 0000000016 00000 n I will be CV-07-0927-PHX-FJM, 2007 WL 2875500, at *1 (D. Ariz. Oct. 3, 2007). . Additionally, we completed a review of all payments received since the borrower entered the forbearance plan and confirmed they were applied correctly. 2007) (en banc)). 2009) (quoting Goodman v. Praxair, Inc., 494 F.3d 458, 464 (4th Cir. Linkhorn Bay Apartments Virginia Beach, Virginia; The Courtyards of Chanticleer Virginia Beach, Virginia; Hilton Village Townhomes Newport News, Virginia; Heritage Trace Apartments Newport News, Virginia; Hyde Park Apartments Chester, Virginia; and. Guidance Documents include memorandums, advisories, or similar documents that provide general information or guidance to assist regulated parties in complying with any statute, rule, or other legal requirement. For more information about the Departments SCRA enforcement efforts, please visitwww.servicemembers.gov. This guidance is subject to change and licensed professionals should frequently visit this page for important updates based on future interpretations of the Acts by the courts. The taxability, deductibility, and character of the payments generally depend on the origin of the claim and the identity of the responsible or harmed party, as reflected in the litigation documents. 1983)). 0000050601 00000 n The customer submitted an online application in October 2020 for a 15 year refinance, but was unable to qualify, and therefore decided not to move forward with this transaction. BBB Business Profiles are subject to change at any time. This is how we can apply strict adherence to Sharia guidelines. Select this option if the following applies to you. 0000010913 00000 n Where a plaintiff has alleged "'facts sufficient to rule on an affirmative defense,'" such as "'the defense that the plaintiff's claim[s are] time-barred,'" the Court may reach the defense in ruling on a motion to dismiss under Rule 12(b)(6). You may also contact a mortgage assistance point (MAP) representative at **********.com. Am., No. Download our mobile app and get access to your application status anytime, anywhere. JRK Residential is a Nevada-based for-profit real estate investment firm and property management company that operates at least four apartment complexes in Pierce, Snohomish, and Kitsap Counties. We also confirmed that the customer called in and spoke to us that same day. at (484) 270-1453 or via email at info@ktmc.com Kessler Topaz is one. 2009) (citations omitted). 2022-12-28. But I didnt. Grab your free copy of Options 101: The Beginner's Guide ASAP. This letter is in response to the correspondence that we received from the BBB regarding the complaint ID listed above. David S. Doty ORDER The ********** ******** ** ************is committed to not only providing excellent clinical care but also to fully complying with ethical and legal standards. 0000022949 00000 n Your credit score is a number that reflects the information in your credit report. But the statute does not confer on consumers a right to sue for violations of its provisions. Guidance's Motion was filed on July 11, 2011. Additional protections apply to federally-assisted housing. Complete your home financing application that you started with Guidance Residential. Accordingly, all claims against them will be dismissed without prejudice. calling ******* **** again to confirm if the request is sent in by Guidance Get legal help with matters related to work and residency GET LEGAL HELP About the Author Amanda Howe hb```f`` B@1V Xs@P]s Kind Regards,Brad B******Customer Advocacy. Our AEs advised all customers of this timeline to set expectations. View document checklist. Other Resources. &=?Gm~7^qu_;x}+abG^Cp{\ry pK;O-pr#6sa~pE_vy_+:\:cPckdi6^,MD|\(a9|4X`u>xY5EP6b8(|7a.2d1d!CMi=~C$1z#{kB sX)ci@0 !QL@tY?aB$l~M{}qKkXy{#_( CF/982)&1>[&/mp)6wh?KgfeK=dd?C[Y@"i7&BE~p'i 9:? 1Xt@ nTEP(.4W X30iY 6kQgP0M;&1]d`w26b89'=3 X$8&6 b2- H30E7 Iqbal, 129 S. Ct. at 1950. This substantial settlement clearly sends the message that the Department of Justice is committed to the vigorous enforcement of federal laws that protect servicemembers., The incredible sacrifices our servicemembers make when they deploy and move frequently should never create financial or legal hardships for them, said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. The Department of Justice today filed a civil lawsuit against the National Association of REALTORS (NAR) alleging that NAR established and enforced illegal restraints on the ways that REALTORS compete. Landlords and lenders can verify an individuals military status by searching the Defense Manpower Data Centers free publicly available website or by reviewing their files to see if there are applications, military leave and earnings statements, or military orders indicating military status. *In Canada, trademark(s) of the International Association of Better Business Bureaus, used under License. 09 Civ. PRG will also pay a civil penalty of $62,029 to the United States. Accordingly, regardless of whether the limitations period is one or three years, his RESPA claims must be dismissed. Delay of the underlying proceeding was very much in Quasem's interest, since he would be able to retain his home that much longer. and Lindquist & Vennum, 4200 IDS Center, 80 South Eighth Street, Minneapolis, MN 55402, counsel for defendant. : PJM 11-1836 (D. Md. My file was sitting there for no reason. Select an option based on where you are in your home buying stage. 13, 2012). . I told him to lock my rate. We have reviewed that complaint and identified two issues we feel need to be addressed. Contract ID ********** I am in the process of refinance my home loans from another lender, in regards to that I have received a payout statement from Guidance today, in which there are two charges I need clarification on and requested an amortization schedule starting from 01/0/2020, I called them and for two hours I been transferred from one department to another and still I am waiting, The only thing I was informed we will send you the statement, however, no one out of several people I have spoken to, was able to discuss the breakdown of these charges, it seems whatever computer has generated that all they know. Quasem merely states that "Defendants engaged in a mortgage lending enterprise," used "the interstate mail and wire systems to communicate with one another and to [him]," and that "[t]his pattern of activity resulted in . Nov. 18, 2010); Williams v. Ravenwood Receivables Corp., No. This matter was handled jointly by the Civil Rights Divisions Housing and Civil Enforcement Section and the U.S. Attorneys Office for the Eastern District of Virginia. 226.1-.20. 0000032846 00000 n Additional Protections For Persons With Disabilities: Housing providers must make reasonable accommodations and allow reasonable modifications that may be necessary to allow persons with disabilities to enjoy their housing. Under the settlement, PRG will pay up to $1,490,000 million to compensate 127 servicemembers who had 152 unlawful default judgments entered against them and $34,920.39 to compensate 10 servicemembers who were charged early lease termination fees in violation of the SCRA. MOHAMMED QUASEM Plaintiff, v. GUIDANCE RESIDENTIAL, LLC, et al. Tenn. Oct. 27, 2009); Cannon v. Zurich N. This settlement helps ensure that these men and women are honored for, not disadvantaged by, their military service, and that servicemembers rights are protected going forward.. Enclosed is a copy of a letter which was sent to the borrower on June 30, 2021 which included a Customer Account Activity Statement. 3500.1-.23. Sun Apr 30 2023 00:23:33 GMT-0700 (Pacific Daylight Time) 10-cv-2051-IEG (BLM), 2011 WL 976624, at *2 (S.D. Because the Customer Account Activity Statement does not include the suspense balance, we have created and enclosed a spreadsheet which includes this additional information. I applied for mortgage refinancing with Guidance Residential and my credit report was pulled on 06-12-20. 1 complaints closed in the last 12 months. Pro se Plaintiff Mohammed Quasem has sued Guidance Residential, LLC ("Guidance"), Mortgage Electronic Registration Systems, Inc., Shapiro & Burson, LLP, and Patricia Falsetti, alleging fraudulent and predatory lending practices in violation of federal and state law.Guidance filed a Motion to Dismiss on July 11, 2011, to which Quasem has failed to respond.For the following reasons, the Court GRANTS Guidance's Motion as to Counts I, II, IV, XI, XII, and XIII and DISMISSES the remainder of Quasem's claims against Guidance, all of which are based on state law. The customer recently completed a forbearance and deferment plan. 0000003350 00000 n However, when processing the request, it was determined that a Customer Account Activity Statement would be more appropriate. Why Does Guidance Residential Set Up an LLC to Facilitate Your Home Financing? Takeaway. Twombly, 550 U.S. at 570. If the customer requests the cash-out option in this example, Guidance could provide an additional $20,000 of financing by increasing its ownership in the property to 90%. I appreciate the opportunity to address the concerns raised. 2007) (collecting cases); see also Gehron v. Best Reward Credit Union, No. The second issue was the customers request for additional information regarding a buyout statement received. We are now exploring ways of transferring our knowledge to emerging market countries to help them stimulate an expansion in their levels of home ownership. Guidance Financial Groups founder and Chairman Dr. Mohammad Hammour led a group to form Guidance Residential and embarked upon a multimillion-dollar R&D project to launch a Shariah-compliant home financing program for consumers in the United States. Quasem originally filed this suit in state court, and Guidance removed it solely on the basis of federal subject matter and supplemental jurisdiction. Although he does not indicate why the attorney, as opposed to the firm, was unable to continue representing him, he now seeks time to find another attorney and an extension of time to file a response to Guidance's Motion to Dismiss. Published May 1, 2023 10:34 a.m. PDT SALT LAKE CITY - Gwyneth Paltrow will not recoup the attorneys' fees she paid to successfully defend herself against a lawsuit from a 76-year-old retired. More than likely, your attorney will recommend that you report the lawsuit to your insurance carrier. The civil claims settled are allegations only; there has been no determination of civil liability. knowledgeable team at Guidance Residential, Guidance Is Not a Bank: Why an LLC Makes All the Difference, Tips to maintain your productivity during Ramadan. I would like Guidance Residential to send the requestto The complaint does not indicate what items he is needing clarification of. Right before two weeks of closing time, the appraisal was ordered by them with the wrong selling price that caused a $10k difference even though my contract with the selling price was uploaded on their portal a month ago and my account executive (******** **********) was notified verbally and via text messages. After an internal review of this matter, I confirmed that this has been resolved with the family and there is no longer an outstanding balance. I was told repeatedly that everything is fine. The consent decree requires the state agency to pay $15,000 in damages to the each of the two servicemembers and a $20,000 civil penalty (total of $50,000), in addition to adopting various policy changes to prevent future SCRA violations. A claim under TILA must be brought within one year of the date of the violation. %PDF-1.4 % He does not allege any facts to support these vague, conclusory assertions. Despite ample time and opportunity, Quasem has never responded. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. A signed letter was sent 01-08-21 to remove the 2nd and 3rd inquiry with an average turnaround time of 30 days. . Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (citing Bell Atl. Get more information about reasonable accommodation here. I was told the rate was 2.7%. The project engaged 18 law firms and six world-renowned Islamic Finance Scholars to devise an authentic home ownership model compliant with both American and Islamic legal systems. Without my consent, my credit was pulled again on 06-18-20. Goldschmidt agrees. This statement confirms what portion of each of his payments was applied towards the principal balance. Before taking these steps, always notify the noisy neighbor first, providing him or her with a copy of the local noise abatement ordinance. This may include agency guidance because HUD recognizes, consistent with Executive Order 13891, that a defendant may be obligated to follow agency guidance when it is so binding, or guidance was incorporated into a binding authority, such as a contract. After Quasem and his wife were unable to make the monthly payments on the loan, Guidance appointed attorneys of Shapiro & Burson, LLP as substitute trustees to commence foreclosure proceedings on the property. 0 He also stated that he would like information sent to him regarding the portion of each payment which was applied towards the principal balance. Full title:MOHAMMED QUASEM Plaintiff, v. GUIDANCE RESIDENTIAL, LLC, et al. We dislike spam as much as you do. I will be responding to your concerns regarding the above-mentioned contract and appreciate the opportunity to do so. Non-recourse Commitment We did substantial research and development, working closely with our strategicpartner, Freddie Mac, to create mortgage products that would meet the investment requirements of secondary market participants, including Freddie Mac. N{M* 8[ 0000003885 00000 n Following the strict standards of accounting set byAAOIFI, the Accounting and Auditing Organization for Islamic Financial Institutions, we have designed an LLC structure that helps our customers avoid the forbidden practice of trading debt. "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." JRK Residential manages property in 20 states and boasts that its portfolio represents "approximately $6 billion of investment capital." Its important that your financing [..]. 0000021475 00000 n This letter is in response to the Complaint received by Guidance Residential on May 4th, 2021. 0 With the other lender, I had to spend another $1500 for a super urgent appraisal order. Among other things, this forbids sexual harassment. See 24 C.F.R. Erickson v. Pardus, 551 U.S. 89, 94 (2007) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)). that both credit inquiries from 06-18-20 and 01-05-21 were within 30 days, but no request was sent to ******* **** until May 2021. endstream endobj startxref Guidance Residential has operations in 22 states and has funded $2.3 billion of residential financing contracts since its inception. International Association of Better Business Bureaus. TTY: 202-708-1455, Privacy Policy | Web Policies | Accessibility | Sitemap, Privacy Policy | Web Policies | Accessibility | Sitemap, Housing Discrimination Under the Fair Housing Act, Complaint Filing in Languages Other Than English, Requirements for Section 202 Supportive Housing for the Elderly Program, Requirements for Section 811 Supportive Housing for Persons with Disabilities Program, Requirements for Rental Assistance Demonstration, Requirements for Community Development Block Grant Program, Requirements for Community Development Block Grant Disaster Recovery and Mitigation Programs, Sex(including gender identityand sexual orientation), Set different terms, conditions or privileges for sale or rental of a dwelling, Provide a person different housing services or facilities, Falsely deny that housing is available for inspection, sale or rental, Make, print or publish any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination, Impose different sales prices or rental charges for the sale or rental of a dwelling, Use different qualification criteria or applications, or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analyses, sale or rental approval procedures or other requirements, Fail or delay performance of maintenance or repairs, Limit privileges, services or facilities of a dwelling, Discourage the purchase or rental of a dwelling, Assign a person to a particular building or neighborhood or section of a building or neighborhood, For profit, persuade, or try to persuade, homeowners to sell their homes by suggesting that people of a particular protected characteristic are about to move into the neighborhood (blockbusting), Refuse to provide or discriminate in the terms or conditions of homeowners insurance because of the race, color, religion, sex (including gender identity andsexual orientation), disability, familial status, or national origin of the owner and/or occupants of a dwelling, Deny access to or membership in any multiple listing service or real estate brokers organization, Refuse to make a mortgage loan or provide other financial assistance for a dwelling, Refuse to provide information regarding loans, Impose different terms or conditions on a loan, such as different interest rates, points, or fees, Condition the availability of a loan on a persons response to harassment, Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise the right, Retaliate against a person who has filed a fair housing complaint or assisted in a fair housing investigation.

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