Needless to say, our clients were quite surprised to learn that, unbeknownst to them, the property was sold at the sheriffs sale scheduled for the following month. were notified by the city government that they were delinquent on the real estate taxes they were understandably confused and concerned. 2010), this Court refused to excuse the tax claim bureau from having to undertake reasonable efforts even though such efforts would have been futile. Tax Sale of Family-Owned Property is Set Aside by Appellate Court in Pennsylvania. ); R.R. She explained that her mail was not delivered to her house but to a bank of mailboxes approximately a quarter-mile from her house. Because Koldjeski did not find an alternate address, the Tax Claim Bureau sent a second notice to Grudsky at the same Brooklyn address by regular mail; it was not returned by the U.S. <> Section 607.1 of the Tax Sale Law, 72 P.S. Similarly, if the prior owner can prove he was making payments with the city or a negotiated agreement was entered to stop the sale, they may succeed in setting aside. 236; Pub. Petition to Set Aside Sheriff's Sale is hereby DENIED. 2013), is dispositive of what constitutes reasonable efforts to discover the whereabouts of a property owner. Rules of Civil Procedure, a sheriff's sale may be set aside upon petition of an interested party "upon proper cause shown" and where the trial court deems it "just and proper under the circumstances." Pa.R.C.P. The Three Common Types of Personal Injury Cases, The Benefits of Hiring a Personal Injury Attorney in Mississippi, Truck Accidents Involving Hazardous Materials in Mississippi, Kellum Law Explains Mississippi Personal Injury Law, Workplace Struck-by Hazard Lawsuit Lawyer in Mississippi. Its notice provisions must be strictly construed lest a person be deprived of property without due process. 5860.607a. 459] Section 1201, Pub. And because the the Courts require strict adherence to Notice requirements, property owners who have lost property to tax sales have recourse to have tax sales set aside. A motion to set aside sheriff sale should be filed before the sheriffs deed is recorded. In January, retail sales rose at their fastest pace in nearly two years, rebounding from a tepid holiday shopping season. 2003). According to the law (Rule 3132), the court may, upon proper cause shown, set aside the sale and order a resale or enter any order which may be just and proper under the circumstances. The most common example of proper cause is lack of notice. Section 7101 et seq. Philadelphia, PA 19109. In early 2014, the property was subjected to a tax sale and the property was sold to a third-party bidder. If the matter settles the uncertainty of a court hearing is greatly mitigated. Accordingly, it sent the notice to the same address by first class mail, as required by Section 607.1. Contact us. What can we do to help you achieve your goals? No statutes or acts will be found at this website. In the case of Rolehthe Chancery court found for the landowner that the lack of an affidavit by the court documenting attempts to provide notice was sufficient grounds to set aside the tax sale. 1. Properties, Inc. v. Roleh, Inc., 56 So.3d 575 (Miss.App. We explained that [t]his argument has been considered and rejected in our precedent as follows: In Grove v. Franklin County Tax Claim Bureau, 705 A.2d 162 (Pa.Cmwlth.1997), petition for allowance of appeal denied, 558 Pa. 623, 737 A.2d 745 (1999), the tax claim bureau sent notice of a sale to the taxpayer's correct address, and it was returned unclaimed. Philadelphia, PA 19109. Setting aside sale. 2. What is that? Huntington Bank asserted that the tax deed should be set aside because the Sheriff incorrectly mailed a notice that gave notice of the tax delinquency and of the date of the sale of the tax lien against real property (the "Notice of Tax Delinquency") to the Davises at an incorrect address. 5860.607a. Grudsky appealed to this Court.3 In his first issue, he contends that the Tax Claim Bureau's acknowledged failure to search the Lackawanna County telephone directories invalidates the tax sale. But it is intuitively clear that the sentences do not have exactly the same meaning. In the petition "any party in interest" may ask a judge to set aside or cancel the sheriff sale. Although certified letters are delivered to the house, she was not at home during regular delivery hours. Section 7101-7105. By 2013, Morris Park owed almost $10,000 in real estate tax arrearage. May 14, 2014). v. Ralich, 209 Pa. Super. They also entered into an installment agreement with Eagle Lake to pay the delinquent homeowners' association dues. Maya v. County of Erie Tax Claim Bureau, 59 A.3d 50, 55 (Pa.Cmwlth.2013) (citations omitted)(The statutory notice provisions in the Tax Sale Law must be strictly construed lest a person be deprived of property without due process.) It is equally well settled that when a taxing authority fails to strictly comply with the Tax Sale Laws notice provisions the tax sale of a property is void. Piercing the Corporate Veil in Construction Defect Cases, How to Get Your Business Reopened During the COVID-19 Pandemic, The Pennsylvania Home Improvement Contractors Act. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/MediaBox[0 0 612 792]/Contents 23 0 R/Group<>/Tabs/S/StructParents 3>> Id. UNLAWFUL POSSESSION OR RECEIPT OF FIREARMS [1201 to 1203. 163, 982 A.2d 77 (Pa. Super. The trial court found that 3089 Brighton 6th Street, Brooklyn, New York was Grudsky's proper mailing address. 351. In Pennsylvania, the presumption of regularity establishes prima facie evidence that a public official acts regularly in accordance with his or her official duties until evidence to the contrary appears.. Failure of the chancery clerk to file the requisite affidavits renders a tax deed void. 4 0 obj This article lists the episodes of The George Burns and Gracie Allen Show, an American situation comedy television series that ran for eight seasons (1950-58) on CBS.The show did not become weekly until the third season. We did not determine whether a reasonable effort should include contacting the zoning office or doing an internet search, as held by the trial court. and Loan Asn v. NTC Properties, 454 Pa. 472, 312, A. In the rule, the property owner and the other interested parties must explain why the property should not be so sold. However, a property speculator who wants another chance to bid on the property may not have standing without more connection to the property. that there was a letter that they got, like, five days prior to the, what do you call it, to the Court. 8, 2016)(In Pennsylvania, a validtaxsalerequires strict compliance with three statutorily prescribed notice provisions: published notice, mail notice and posted notice.) The Bureau, not the owner, bears the burden of proving compliance with the notice provisions. 5860.607). If that notice is returned undelivered, the clerk must conduct additional search and inquiry to determine the owners address. . ), Item No. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. At the end of the summer, they winterized the trailer. On July 20, 2015, Grudsky filed a petition to set aside the upset tax sale, and the trial court conducted a hearing thereon. Specifically, it was not obligated to check the telephone directories of Allegheny County. 2327. If that notice is returned undelivered, the Clerk is required to have notice delivered by the Sheriff. Without haste, we immediately filed a petition to set aside the sheriffs sale with the Philadelphia County Court of Common Pleas. In Maya, the tax claim bureau sent the owner notice of the upset tax sale of her Pennsylvania property by certified mail to her address in Ohio. Following an evidentiary hearing on this matter, the Petition to Set Aside and Vacate Judicial Tax Sale is DENIED. Under this statute, service of notice must be made by the sheriff, and notice must also be sent by registered or certified mail. MS Code Ann 27-43-3 (Supp. 77a. By March 20, 2018 order, the trial court granted Park's Petition to Intervene. How long do you have to challenge the sale? In the annals of American Jewish history, synagogue financial records have been largely overlooked. If you have additional questions or concerns regarding the tax sale process in Pennsylvania, contact an experienced Conshohocken, Pennsylvania real estate law attorney as soon as possible to discuss your options. Here, the trial court erred in excusing the Tax Claim Bureau's failure to search current telephone directories of Lackawanna County on grounds of futility.6 The Tax Claim Bureau was required, at a minimum, to do a search of current telephone directories for the county, and this was not done. This means a party in interest often has four to six weeks from the date of the sheriff sale to file the petition. Therefore, consider speaking with the Third Party Purchaser and his counsel before the court hearing. Tax Claim Bureau, 92 Pa.Cmwlth. In 2012, she filed the petition to set aside the sale of the house to QAC Inc. for $8,000. If the clerk fails to follow these requirements, the land owner may present that evidence in his Petition to Set Aside Tax Sale. Grudsky's absence from the Pennsylvania voter registration rolls is meaningless. On appeal to this Court, the tax claim bureau argued that because all of the notices were mailed to the property owner's correct address, it had no obligation to search for her other whereabouts. The tax claim bureau had no obligation to contact the zoning office or do an internet search. 7 0 obj Due to the . Unregistered voters are permitted to possess telephones. Looking for answers and attorneys that could help with this extremely fraught situation, our clients retained our services to attempt to set aside the sheriffs sale of the property. . 72 P.S. 5860.607 (b), provides that "any owner or lien creditor" may file objections or exceptions to a tax sale. The property failed to sell and under Section 610 of the Real Estate Tax . Blue . Section 602(a) states:(a) At least thirty (30) days prior to any scheduled sale the bureau shall give notice thereof, not less than once in two (2) newspapers of general circulation in the county, if so many are published therein, and once in the legal journal, if any, designated by the court for the publication of legal notices. In Morris Park, it was undisputed that the mail was marked unclaimed and undeliverable, since the property owners mailing address for the property was not valid at the time of the tax foreclosure proceedings. If the home already has been sold to a good-faith purchaser, though, the homeowner might not be able to set aside the sale and might be limited to pursuing damages from the lender. Following the purchase of the property, Morris Park cleaned the property but left the property vacant, occupied only by a garage and a trailer surrounded by a chain link fence, the opinion said. Globalization has and will have strong centralizing effects, although localization might trigger emotional and nationalistic reactions within the different ethnic communities of Switzerland. Such a search, if actually done, would have uncovered taxpayer's other Erie properties and another address. The trial court conducted a hearing. A party has standing pursuant to Pa.R.C.P. 2015), the Commonwealth Court reversed the trial court and set aside a tax sale because taxing bureau, like the Bureau here, did not meet its burden of proving that it sent notice via certified mail, restricted delivery to one of the propertys owners. Id. Mississippi Code Annotated section 27-43-3 (Supp.2009) requires that notice be given to property owners of a tax sale before a valid tax deed may be issued to the purchaser of the subject property. 4 0 obj Those efforts shall include, but not necessarily be restricted to, a search of current telephone directories for the county. Id. We think fast, think ahead, and get things doneall while taking a people-first approach to legal counsel. Adequate notice is a prerequisite before the execution of any tax sale. The property owner then appealed the trial courts ruling to the Commonwealth Court. L. 99-308, 104(b), May 19, 1986, 100 Stat. 7. <. [Counsel] What address is the 3089 Brighton 6th Street address? Because Purchaser has preserved no issues for appeal, we affirm. x\[S~0MRT$wv>( %CE7 pbPeu}F>hu6F|>IY\. In Philadelphia many judges are receptive to these petitions because they understand the properties are being sold without consent of the prior owner. Pennsylvania, 02-23-2023. Only US$3.99, shop egrow 20pcs/pack hoya seeds potted seed hoya carnosa flower seed garden plants at Banggood.com. On August 11, 1985, Bella Grudsky purchased Campsite Lot(s) No. On the day of the sheriffs sale, our clients and a representative of the city government entered into an agreement whereby our clients made an initial payment towards the tax arrearage in consideration of the sheriffs sale being postponed. All Rights Reserved |, 1628 JFK Blvd., Ste. Therefore, if you do not act fast you may lose the ability to set aside the sale. His practice concentrates primarily on false advertising litigation and . It is meant to inform you in plain English of your rights, and the availability of certain assistance programs that may prevent foreclosure. Judge Cosgrove did not participate in the decision in this case. In Philadelphia, owners of real estate have a legal obligation to pay taxes. N.T. The trial court set aside the upset sale. Nevertheless, we cautioned that the statutory standard is reasonable effort and not the minimum necessary. Id. Previous Champaign County Board met Dec. 15 | Chambana Sun Next New Legislation Aims to Curb Controversial Cook County Tax Sale | Chicago News | WTTW About The Author Wallace Reid Related Posts Mercedes Salazar, Robles' wife, also testified. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/MediaBox[0 0 612 792]/Contents 25 0 R/Group<>/Tabs/S/StructParents 5>> Even after accounting for inflation, consumers spent their after-tax . which is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by a panel of judges selected from them. Date: 03/21/2001 . Bloody serves in some rather vague way to express anger or ill will towards sales tax reporting regulations, or towards the idea of having to work out sales taxes, or something of the sort. Typically, the citys petition and the rule are mailed to the address the property owner sets forth in the realty transfer tax form attached to the deed transferring the property to the property owner. Petition to set aside tax sale of real estate Petition to set tax millage for police benefits Petition to stay tax sale Petition to strike off nomination petition Petition for supplemental relief in aid of execution pursuant to Pa.R.Civ.P. After appearing before all of the judges of the Commonwealth Court during oral argument, the Commonwealth Court affirmed the trial courts ruling which set aside the sheriffs sale of the property and ordered that a deed transferring title to the property back to our clients. 2 0 obj After the petition is filed the prior owner may negotiate with the new purchaser. 2d (Pa. 1973). See Mortg. Years later, our clients were able to sell the property on their own accord for a significant profit. The third-party purchasers of our clients property then filed an appeal of the trial courts ruling to the Commonwealth Court of Pennsylvania. At the hearing, the judge presiding over the proceeding did an internet search and instantly learned the property owner's telephone number in Ohio. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/MediaBox[0 0 612 792]/Contents 18 0 R/Group<>/Tabs/S/StructParents 0>> Finally, in Perma Coal-Sales, Inc., the Commonwealth Court overturned a decision of the trial court and directed that an upset sale be set aside where the property was owned by a corporation and mailed notice was sent to the corporations registered address but was signed for by an individual who had no apparent authority to accept mail on behalf of the corporation. I don't remember. Commonwealth Court of Pennsylvania. There are several different kinds of tax sales. Colins delved into whether the presumption of regularity should continue to apply for a public official in tax sale proceedings such that a filing of an affidavit of posting establishes that the actions disclosed therein were in fact taken. In the related Rule 1925(a) opinion, the trial court reasoned that, among other things, Philadelphia posted its petition and subsequently issued rule upon the most prominent part of the property and, thus, satisfied the notice and service requirements under the act. We begin with a review of the Tax Sale Law. Id. The Tax Sale Law requires that advance notice of the sale be given to members of the public.4 It also requires the tax claim bureau to notify each owner of the property. Id. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. The search notations shown in the file were made by temporary workers, who left only their initials not their names. The mail was sometimes placed in the wrong box by postal authorities, and the mailboxes have been the target of vandalism. IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT IN RE: PETITION TO SET ASIDE UPSET TAX SALE PETITION OF: LEHIGH COUNTY TAX CLAIM BUREAU : : : : : : No. Looking for answers and attorneys that could help with this extremely fraught situation, our clients retained our services to attempt to set aside the sheriffs sale of the property. 78a. The tax claim bureau sent taxpayer a second notice, but its file did not document that it took any additional efforts to discover taxpayer's whereabouts. Looking at the history of American synagogues through an . This Court set aside the sale for the reason that the Tax Sale Law mandates a reasonable search even where the first notice was sent to the correct address. 2327). (1) Petition for adjudication of local agency (2) Petition for appointment of CPA as auditor (3) Petition for appointment of private police officer (4) Petition for appointment of a receiver (5) Petition for approval of bond (6) Petition to approve increase in municipal tax levy (7) Petition for attachment of bank accounts Pa.R.C.P. The owner argued that the tax claim bureau should have done more. Relevant here is the statutory directive that the tax claim bureau exercise reasonable efforts to discover the whereabouts of the property owner and notify him. In order to file a motion to set aside sheriff sale, the petitioner must be a party in interest. Generally speaking this means the person filing the petition must have standing. The trial court determined that Murphy did not receive proper notice of the tax sale and that the Bureau did not take sufficient action by following up on its inquiry to POA. For example, a prior owner clearly has standing to bring the petition to set aside sheriff sale. A search must be conducted regardless of the correctness of the address to which the Bureau sent the notices. Id. 2010, at which point she filed a petition to set aside the tax sale. At the time of hearing, the Petitioner submitted that the only issue remaining before the Court related to the failure of the Tax Office to accept money to stop the sale in accordance with 72 P.S. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/MediaBox[0 0 612 792]/Contents 40 0 R/Group<>/Tabs/S/StructParents 0>> The properties are sold at auction. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 6 0 obj The Starbucks Union Vote: a Pyrrhic Victory for Labor? Speak with a Philadelphia Landlord Tenant Lawyer about whether there is still time to file the petition. Commonwealth Court of Pennsylvania. Finally, the City may take a position on the Petition to Set Aside. In Steinbacher, one property owner received all the tax sale notices, but her husband, from whom she was separated, did not. Colins then discussed the level of scrutiny Pennsylvania courts employ on municipalities throughout the state that attempt to sell a property through tax foreclosure proceedings. The Commonwealth Court elected to have the appeal heard. Getting the sale set aside means that the homeowner regains title until the lender can restore the mortgage. When such reasonable efforts have been exhausted, regardless of whether or not the notification efforts have been successful, a notation shall be placed in the property file describing the efforts made and the results thereof, and the property may be rescheduled for sale or the sale may be confirmed as provided in this act. 2002). 80a. 1368, as amended, 72 P.S. Grudsky contends that the Tax Claim Bureau did not make reasonable efforts to discover his whereabouts because it did not make a search of current telephone directories for the county 72 P.S. Rudolph Clarke; Hello! The parties stipulated that the property was properly posted, that the sale was properly advertised, and that Bella Grudsky was deceased. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/MediaBox[0 0 612 792]/Contents 24 0 R/Group<>/Tabs/S/StructParents 4>> Speak with an attorney about filing a motion to set aside sheriff sale. In Pennsylvania, pursuant to the Municipal Claims and Tax Liens Act ( 53 P.S. Philadelphia thereafter initiated tax foreclosure proceedings against Morris Park as to the property. Ct. 2009) . In support, it cites In re Tax Sale of Real Property Situated in Jefferson Township, 828 A.2d 475 (Pa. Cmwlth. The dates for this year's upset tax sales in the Southeastern Pennsylvania counties are as follows: Berks County (Reading), Sept. 26 - 9:30 a.m. For example, if a property is sold without informing the prior owner of the sale the sheriff sale may be set aside. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. If the clerk fails to follow these requirements, the land owner may present that evidence in his Petition to Set Aside Tax Sale. %PDF-1.7 In Sabarese, the Commonwealth Court affirmed the trial courts invalidation of a tax sale because the tax sale notices were not marked personal addressee only. Sabarese, 451 A.2d at 793. What are the notice requirements of the upset tax sale law? There is no air in the Tax Sale Law on the minimum search requirement. Upon petition of any party in interest before delivery of the personal property or of the sheriff's deed to real property, the court may, upon proper cause shown, set aside the sale and order a resale or enter any other order which may be just and proper under the circumstances. Dan Blynn is a Partner in the Advertising and Marketing practice of the Washington, D.C. office of Steptoe & Johnson LLP. In Philadelphia, properties are sold at sheriff sale to the highest bidder to collect on delinquent taxes. 6. However, the Pennsylvania Superior Court recently held that the petition must be filed before the property is transferred. The trial court also held that a reasonable effort would have included contacting the township zoning office or searching the internet. 55; R.R. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. Moreover, Colins mentioned that Philadelphia, at the hearing on Morris Parks petition, did not even present the officer who posted the property in order to establish where the citys petition and rule were so posted. The affidavit must be made permanent part of the tax sale record. 4. 2009), Colins emphasized that Section 39.2 of the act mandates strict service requirements that the city must follow for a court to gain the jurisdiction necessary to authorize a sheriffs sale, including service of the petition and rule to show cause why the property should not be sold by posting a true and correct copy of the petition and rule on the most public part of the property. I'm Law360's automated support bot. In his second issue, he contends that Koldjeski's failure to document the date of his searches of various court records invalidates the tax sale. The tax claim bureau sent the notice by certified mail to the owner's address in Allegheny County, which was the correct address. The burden of proving circumstances warranting the exercise of the court's equitable powers is on the petitioner. 2009) requires proper notice be delivered to property owners informing them of a pending tax sale. 3132 . 72 P.S. AND NOW, this 8th day of June, 2017, the order of the Court of Common Pleas of Lackawanna County, dated August 3, 2016, denying Michael Grudsky's Petition to Set Aside the Upset Tax Sale is REVERSED and the September 29, 2014, sale of Michael Grudsky's property is hereby SET ASIDE. The property was sold, and a notice of the sale was sent to the Ohio address. Although the Tax Claim Bureau acknowledged that it did not search any telephone directory, the trial court concluded that nothing in the record suggests that a telephone directory search would have revealed anything other than the same address to which the notices were mailed. Trial Court Op. 1301, Philadelphia, PA 19103, Concord Liberty Sav. Our firm answers all incoming calls from clients, at all hours, and strives to promptly resolve your legal issue. 5860.603. Legal standing is governed by Pa.R.C.P. ?Up,|~xH:G]NFRF"m22ww;1%"%/2]&fIn|Ho2gw#M~FZf(BHCs sPH <>/Metadata 2 0 R/ViewerPreferences 6 0 R>> 5860.602. and Loan Asn v. NTC Properties, Philadelphia Lead Paint Law (Section 6-800), Motion to Complete Sheriff Sale (Pa.R.C.P. <> If the City of Philadelphia opposes setting aside the sale they may file a brief with the Court. In the petition any party in interest may ask a judge to set aside or cancel the sheriff sale. Afterward, the trial court then issues a rule that must be served on the property owner and other interested parties. Jefferson Township is inapposite. 7193.3, which requires any petition to set aside a Sheriff's sale to be filed within three months after the acknowledgement of the Sheriff's sale deed. 1 0 obj In 2010, Morris Park Congregation of Jehovahs Witnesses purchased a property for $282,500 with the intention of constructing a Kingdom Hall, the opinion said. The trial court scheduled a hearing for May 20, 2015, and notice was sent to Grudsky at the same address used by the Tax Claim Bureau. The primary purpose of the Tax Sale Law is to ensure the collection of taxes, not to strip away a citizens property rights. Mailboxes approximately a quarter-mile from her house owner 's address in Allegheny County, which the. 828 A.2d 475 ( Pa. Cmwlth our firm answers all incoming calls from clients, at hours... The lender can restore the mortgage aside means that the homeowner regains until! False advertising litigation and, and that Bella Grudsky purchased Campsite Lot ( s ) no we. 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Get things doneall while taking a people-first approach to legal counsel, 828 A.2d 475 Pa.. Have the appeal heard into an installment agreement with Eagle Lake to pay the homeowners! $ 3.99, shop egrow 20pcs/pack hoya seeds potted seed hoya carnosa flower seed garden plants at Banggood.com shown the! Connection to the highest bidder to collect on delinquent taxes a rule that petition to set aside tax sale pennsylvania be party! And Marketing practice of the summer, they winterized the trailer postal authorities, and the mailboxes been... The matter settles the uncertainty of a court hearing is greatly mitigated 56 So.3d 575 (.... Have to challenge the sale of the trial court also held that the.!, 312, a search must be a party in interest may ask a judge set! File the petition the Commonwealth court S~0MRT $ wv > ( % CE7 pbPeu } F > hu6F| IY\! Was properly posted, that the tax sale 475 ( Pa. Cmwlth may a... Trial court granted Park & # x27 ; s equitable powers is on the property not! Certified mail to the Commonwealth court of common Pleas away a citizens property rights owed. Four to six weeks from the Pennsylvania Code website reflects the Pennsylvania registration. Fails to follow these requirements, the land owner may present that evidence in his petition to aside! Search of current telephone directories of Allegheny County directories for the County point she filed a petition set. Without due process appeal heard the mortgage sale was sent to the property owner delivery hours consider... Have uncovered taxpayer 's other Erie properties and another address we immediately filed a petition to set aside &... Citizens property rights been the target of vandalism his practice concentrates primarily on false advertising litigation and was to!

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