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Driven by McCarthy Holthus attorneys and staff, our headlines are a look into the legislation, case law, and stories that are impacting our clients and the mortgage service industry.

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Texas vs. the CFPB.

Publications

​Plaintiffs, the Texas Bankers Association, the American Bankers Association, and Rio Bank of McAllen, Texas, filed suit in the federaldistrict court for the Southern District of Texas challenging the validity of the Consumer Financial Protection Bureau (CFPB)’s final rule implementing Section 1071 of the Dodd-Frank Act (“Rule”), and seeking to enjoin the CFPB from implementing and enforcing the Rule.

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Texas vs. the CFPB

Author(s): ​Melissa Robbins Coutts​,McCarthy & Holthus, LLP

Published: Q4 2023

Source: Legal League Quarterly

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How Many Bites at the Apple Does a Plaintiff Get?

Author(s): ​Matthew E. Podmenik​, McCarthy & Holthus, LLP

Published: Q4 2023

Source: Legal League Quarterly

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In Arizona, May One Action Stay Enforcement of Another?

Author(s): ​Matthew E. Podmenik, McCarthy & Holthus, LLP​

Published: Q4 2023

Source: Legal League Quarterly

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Oversight in Post-Foreclosure Sale Bid Process Under California Civil Code §2924m(c): Triggering Automatic Stay Violations?

Author(s): ​Jennifer Wong, McCarthy & Holthus, LLP​

Published: Q3 2023

Source: Legal League Quarterly

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Strict Liability Strikes Again: CFPB Advisory Opinion Affirms FDCPA Liability for Collection Actions on Time-Barred Debts

Author(s): ​Melissa Robbins Coutts

Published: Q3 2023

Source: Legal League Quarterly

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The Ancient Lien Statute in Nevada

Author(s): ​Michael Chen​, McCarthy & Holthus, LLP

Published: Q1 2024

Source: Legal League Quarterly

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Beware of Principal Residence Home Loans Maturing During Chapter 13

Author(s): ​Kristin McDonald​, McCarthy & Holthus, LLP

Published: Q1 2024

Source: Legal League Quarterly

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Bankruptcy Debtors Might Improperly Claim Homestead Exemptions

Author(s): ​JaVonne Phillips Boyer, McCarthy & Holthus, LLP

Published: Q1 2024

Source: Legal League Quarterly

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Risky Business: Unfair Competition Law Claims May Arise From Improper Eviction Notices

Author(s): ​Melissa Robbins Coutts, McCarthy & Holthus, LLP

Published: Q1 2024

Source: Legal League Quarterly

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The Statutory Right of a Successor-in-Interest to Reinstate a California Loan in Foreclosure

Author(s): ​Andrew J. Boylan, Esq., McCarthy Holthus

Published: Summer 2023

Source: UTA Quarterly

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Are “Zombie” Mortgages Real?

Author(s): ​Holly R. Shilliday, Colorado Managing Partner

Published: Q2 2023

Source: The Legal League Quarterly

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Lender Beware When Serving By Mail In Colorado

Author(s): Holly R. Shilliday, Managing Partner McCarthy & Holthus, LLPColorado Office

Published: May 24, 2023

Source: Colorado Banker Pub. 12 2022-2023 Issue 6

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Managing Your Mortgage Default Portfolio During a Natural Disaster

Author(s): ​Andrew Boylan, Esq., McCarthy Holthus, LLP

Published: Spring 2023

Source: USFN Report

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CBA Business Law Section's 2023 Election Results and Official Slate

Author(s): ​Luke Ritchie, Chair, CBA Business Law Section​

Published: May 12, 2023

Source: The Colorado Bar Association

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HERA Continues to Provide Protections in Nevada

Author(s): Kristin Schuler-Hintz, Esq., McCarthy Holthus, LLP

Published: April 25, 2023

Source: USFN April e-Update

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Top Women of Law

Author(s): ​DSnews

Published: February 2023

Source: DSnews

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Addressing the Paradox of Deceased Borrowers

Author(s): ​Thuy Fraizer, Associate Attorney, McCarthy & Holthus, LLPCole Patton, Managing Partner, McCarthy & Holthus, LLP

Published: February 2023

Source: DSnews

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Politics and Policy in 2023: Highlights from the Executive Servicer Summit Interview with Bill Killmer

Author(s): Christianna Kersey, Esq., Cohn Goldberg & Deutsch, LLC*, USFN Member (DC, MD) and by Lance Olsen, Esq., McCarthy Holthus, LLP*, USFN Member (AZ, AR, CA, CO, ID, NV, NM, OR, TX, WA)

Published: February 14, 2023

Source: USFN e-Update - February 2023

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"The Eddie-Member of the Year" Award

Author(s): ​USFN Annual Member Awards​

Published: December 7, 2022

Source: USFN Annual Member Awards

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Oregon Federal District Court Limits COVID-19 Era Legislation

Author(s): ​Lance Olsen, Esq., McCarthy Holthus, LLP

Published: October 26, 2022

Source: USFNews

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Not All Sunsets Are Enjoyable

Author(s): ​Andrew J. Boylan, Esq., McCarthy Holthus​

Published: Summer 2022

Source: UTA Quarterly

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California Court of Appeal Takes Stock of Interim Attorney’s Fees in Valstock

Author(s): ​Crystal R. Davieau, Esq., McCarthy & Holthus​

Published: Fall 2022

Source: UTA Quarterly

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The Battle of Copper Creek

Author(s): ​Robert W. McDonald, Esq., Quality Loan Service Corporation of Washington and Andrew J. Boylan, Esq., McCarthy & Holthus, LLP​

Published: Spring 2022

Source: UTA Quarterly

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Remarkable Women: Kristin Schuler-Hintz

Author(s): ​Sherry Swensk

Published: March 22, 2022

Source: KLAS-TV, Las Vegas Nevada

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California Lenders Run the Risk of Having Their Liens Subrogated or Stripped on Properties Creating a Public Nuisance

Author(s): ​Deborah Boyd, Esq., McCarthy Holthus​

Published: Winter 2021

Source: UTA Quarterly

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Statutes of Limitation in the Land of Enchantment

Author(s): ​Jason Bousliman and Andrew J. Boylan​, McCarthy & Holthus, LLP

Published: December 2021

Source: DS News

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Larson v. Snohomish County et. al.

Published: December 6, 2021

Source: The Court of Appeals for the State of Washington

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20-15660 Pablo Castellanos, et al v. MERS, et al "Memorandum Filed"

Published: October 18, 2021

Source: United States Court of Appeals for the Ninth Circuit

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Appellate Success / TRINITY FINANCIAL v. MERCIER; 1 CA-CV 20-0691

Published: October 14, 2021

Source: Arizona Court of Appeals

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No Violation of Discharge Injunction - Contempt Power Curbed by Taggart in California Community Property Case

Author(s): ​Ilene Dell’Acqua, Esq., and Matthew E. Podmenik, Esq., McCarthy Holthus​

Published: Summer 2021

Source: UTA Quarterly

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When Is Nine Months, Not Nine Months?

Author(s): ​Kristin A. Schuler-Hintz, Esq.

Published: Winter 2020

Source: UTA Quarterly

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NM Court of Appeal Rules on Statutes of Limitation for Notes and Mortgages

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Foreclosure Trustee Debt Collection Licensing

Author(s): ​Kristin Schuler-Hintz, Esq.

Published: Winter 2020

Source: ALFN Angle

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Potocki v. Wells Fargo Bank, N.A.: The Need for Clarity When Investors Disallow Loan Modifications

Author(s): ​Matthew B. Learned, Esq.

Published: Winter 2019

Source: UTA Quarterly

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Andrew Boylan Honored with Phil Adleson Award

Author(s): ​Andrew Boylan

Published: Winter 2019

Source: UTA Award

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USFN Announces McCarthy Holthus, LLP as a 2019 Diamond Award of Excellence Recipient

Published: Winter 2019

Source: USFN Award

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Parts of a Whole in Default Servicing

Author(s): ​Seth Welborn, DSNews

Published: July 4, 2019

Source: DSNews

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The Future of Financial Service Firms

Author(s): ​Mike Albanese, DSNews

Published: August 7, 2019

Source: DSNews

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How the Consumer Financial Protection Bureau Will Impact the Mortgage Servicing Industry

Author(s): ​Andrew Boylan, Esq.

Published: May 13, 2019

Source: McCarthy Holthus Compliance Department

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U.S. Supreme Court Issues Highly Anticipated Opinion Affecting the Industry

Author(s): ​US Supreme Court

Published: March 20, 2019

Source: US Supreme Court Decision

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Martindale-Hubbell Peer Review Ratings

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DIAMOND AWARD OF EXCELLENCE 2018 Award Recipients

Author(s):

Published: Winter 2018

Source: USFN Award

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The Top 25 Companies to Work For Are …

Published: Winter 2018

Source: The MReport

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My “Counsel’s Corner”

Author(s): ​Andrew Boylan, Esq. interview

Published: Winter 2018

Source: DSNews

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Untangling the Web of Foreclosure Complications

Author(s): ​Lance Olsen, Esq.

Published: Summer 2018

Source: DSNews

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Bettering Mortgage Link By Link

Author(s): ​Katie Jo Keeling, Esq.

Published: Summer 2018

Source: DSNews

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UTA Mention of Our Firm and Lance Olsen's Legislative Efforts.

Published: Summer 2018

Source: UTA

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Oregon: Proof of Standing Clarified in Appellate Ruling by John Thomas

Author(s): ​Oregon Court of Appeals

Published: Spring 2018

Source: USFN

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FDCPA - Tenth Circuit Reviews By Holly Shilliday and Andrew Boylan

Author(s): Andrew Boylan, Esq. and Holly Shilliday, Esq.

Published: January 9, 2018

Source: Tenth Circuit Court of Appeals

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Congratulations to Kelly Raftery!

Published: Spring 2018

Source: Local Bankruptcy Rules Advisory Board for the United States Bankruptcy Court Southern District of California

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Oregon: 2017 Legislative Changes for the Upcoming Year

Author(s): ​Andreanna Smith, Esq.

Published: December 12, 2017

Source: USFN

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Colorado Statute of Limitation Alert Regarding Consumer Home Loans

Author(s): ​Holly Shilliday, Esq.

Published: Fall 2017

Source: CBA (Business Law Section)

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A Book Review of Essentialism: The Disciplined Pursuit of Less

Author(s): ​Katie Jo Keeling, Esq.

Published: June 14, 2017

Source: ALFN WiLLed Q2 D017

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Congratulations to Managing Partner Andrew Boylan who was recognized in the article from Michael Belote.

Author(s): ​Michael Belote, California Advocates, UTA California Lobbyist

Published: Fall 2017

Source: UTA Quarterly

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How to Lose a Case in the California Court Appeal

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Congratulations to Managing Partners Katie Jo Keeling and Wendy Walter!

Author(s): ​Women in Housing

Published: September 2017

Source: The MReport

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Congratulations to Melissa Robbins Coutts!

Author(s): ​Melissa Robbins Coutts, Esq.

Published: Fall 2017

Source: UTA Quarterly

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Municipalities can bring suit against banks under the FHA

Author(s): ​Jennifer K. Cruseturner​, Esq.

Published: June 2017

Source: USFN e-Update

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Firm Partners serve as CFPB task force chairs

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Strict Compliance with California's Homeowner Bills of Rights is Required

Author(s): ​Andrew J. Boylan, Esq. and Katie Jo Keeling, Esq.

Published: Summer 2017

Source: UTA Quarterly

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CO Partner Holly Shilliday AV Rated and selected to to chair Financial Institution Subsection for the Colorado Bar Association.

Published: Summer 2017

Source: Business Law Section of the Colorado Bar Association

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New Partners Named!

Published: May 30, 2017

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Void or Voidable? That is the Unavoidable Question

Author(s): ​Andrew J. Boylan, Esq.

Published: Spring 2017

Source: UTA Quarterly

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Chief Compliance Officer and Associate Attorney Andrew Boylan Featured Speaker at annual California MBA Legal Issues & Regulatory Compliance Conference

Published: Spring 2017

Source: California Mortgage Finance News

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Colorado Attorneys Shilliday and Cruseturner lead the way

Published: Spring 2017

Source: Council of Advisors on Consumer Credit

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California's Homeowner Bill of Rights remedies to be narrowly construed

Author(s): ​Melissa Robbins Coutts, Esq.

Published: Winter 2016

Source: UTA Quarterly

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Favorable Appellate Decisions interpreting Attorney Fee Provision and grounds for injunctive relief in CA Homeowner Bill of Rights

Author(s): ​Kathy Shakibi, Esq.

Published: Fall 2016

Source: California Mortgage Finance News

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All AV Rated at Firm Headquarters!

Published: Winter 2016

Source: Martindale-Hubbell Peer Review Ratings

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Andrew Boylan awarded as UTA New Member of the Year

Published: Winter 2016

Source: UTA 41st Annual Education Conference

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Favorable outcome in long awaited 9th Circuit decision on FDCPA

Author(s): ​Wendy Walter, Esq.

Published: November 29, 2016

Source: USFN e-Update

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Ninth Circuit rules on bankruptcy stay in lockout case

Author(s): ​Kathy Shakibi, Esq.

Published: March 31, 2016

Source: USFN e-Update

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Congratulations are in order!

Published: November 1, 2016

Source: USFN

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USFN Award of Excellence 2016 Recipient for Washington

Published: Fall 2016

Source: USFN Award

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Are we out of the Woods yet?

Author(s): ​Wendy Walter, Esq.

Published: Fall 2016

Source: UTA Quarterly

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Washington Foreclosure Law update

Author(s): ​Wendy Walter, Esq.

Published: September 2016

Source: NW Lawyer

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Key Foreclosure Provisions of the CFPB-Promulgated Changes to Servicing Rules

Author(s): ​Wendy Walter, Esq.

Published: September 13, 2016

Source: USFN e-Update

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And that makes 29!

Published: Summer 2016

Source: Martindale-Hubbell Peer Review Ratings

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Yes, Gaps Matter

Author(s): ​Wendy Walter, Esq.

Published: Summer 2016

Source: ALFN Angle

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Proofs of Claim, the Statute of Limitations and the FDCPA

Author(s): ​Lance Olsen, Esq.

Published: Fall 2015

Source: NACTT Academy for Consumer Bankrupty Education

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Post-Yvanova Landscape: Appellate Courts Chime In While Supreme Court Punts

Author(s): ​Kathy Shakibi, Esq.

Published: Summer 2016

Source: UTA Quarterly

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How To Lose The Homestead Exemption

Author(s): ​Seth Harris, Esq.

Published: Summer 2016

Source: UTA Quarterly

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"Ninth Circuit Rules: TILA's Notice Provision Is Not Retroactive"

Author(s): ​Kathy Shakibi, Esq.

Published: Spring 2016

Source: UTA Quarterly

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Vendor Management Strategies

Author(s): ​Andrew Boylan, Esq.

Published: Winter 2016

Source: ALFN Angle

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McCarthy Holthus, LLP CCO asked to co-host industry compliance webinar

Author(s): ​Andrew Boylan, Esq.

Published: February 25, 2016

Source: California Mortgage Bankers Association's Webinar

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McCarthy Holthus, LLP partner Wendy Walter published in the Winter 2016 USFN Report

Author(s): ​Wendy Walter, Esq.

Published: Winter 2016

Source: USFN Report

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McCarthy Holthus, LLP Joins the USFN - America's Mortgage Banking Attorneys®

Published: Fall 2015

Source: USFN

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Three McCarthy Holthus, LLP attorneys chosen as Panelists at ALFN ANSWERS Annual Conference

Author(s): ​Andrew Boylan, Esq., Kristin Schuler-Hintz, Esq. and Kristin Zilberstein, Esq.

Published: Summer 2015

Source: ALFN ANSWERS Annual Conference

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McCarthy Holthus, LLP leads the way in Legal Advocacy

Author(s): ​Andrew Boylan, Esq.

Published: Fall 2015

Source: The Red tape White & Blue of modern politicking

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Legal League Q2 2015 publication

Author(s): ​Kelly M. Raftery, Esq. and Matthew Podmenik, Esq.

Published: Summer 2015

Source: Legal League Quarterly

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Thirty Five Under 35

Published: Spring 2015

Source: The MReport

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