I know how to track your loan to trust held by BONY MELLON
I know how to track your loan to trust held by BONY MELLON
Hi hibiscus - Welcome to Loansafe. I'm sure there are members here that would appreciate some step by step instructions as to how to track their loan to the trust held by BONY. Feel free to share what you know about the process so that it may help others. Keep in mind, members here are at all different levels in their computer skills. Please be as clear and concise as possible when detailing the step by step process.
AS THE HAMPSTER WHEEL TURNS!
Type the following into your web browser:
https://gctinvestorreporting.bnymellon.com/Home.jsp
In search box select:
1. All
2. Issuer
3. Type Original Lender in search box
In my case the lender is Countrywide. This brought up all Trusts held by Bony. I search each looking for CWABS 2005-16,the Trust that holds my Promissory Note.
After clicking on the Issuer, under Reports I selected download under the "LOANS" Report. There I was able to locate my loan number.
I can't even tell you how I came upon this other than divine intervention. After looking up my Trust CWABS 2005-16 at the SEC website and reading the entire prospectus, I found that the "Loan Schedule" identifying the mortgage notes was not provided , other than a reference to Exhibit F.
I have serious doubts that the loans securitized in this trust were ever endordesd and transferred as required by the PSA. Could this mean that these loans are voidable if they were held by CW and not transferred until BOFA took over? The cutoff date was March 2006.
Another weird thing is that the Reports submitted to the Trusts for Jan 2006- June 2008 that CW shoould have been providing, were not submitted until Aug 2008 after BOFA took over. It seems this would violate the PSA as well.
Could this be why BOFA has stalled mods, foreclosures, etc. Is this why Robo signers are needed?
Any thoughts
hibiscus - Thanks for posting the detailed instructions here. It will be of help to many here on loansafe.I definitely have some thoughts on this but need to get on the road for work. I will be back later this evening with my thoughts on the subject. In the meantime, hopefully others will chime in.Could this be why BOFA has stalled mods, foreclosures, etc. Is this why Robo signers are needed?
AS THE HAMPSTER WHEEL TURNS!
Hibiscus,
I'm dense. What does "CWABS 2005-16" mean? It's the trust .... how do I find that part? I know my loan number, etc. My Countrywide Loan was transferred to BNY Mellon on 12-20-10. My original Countrywide Loan was dated July 22, 2005.
Thanks,
Muddy
Did you receive a letter from BOFA stating that they were changing your loan over to another division on or around July 2011? On the third page it indicates that BNY Mellon is the Trustee (investor) immediately thereafter it gives the name of the trust followed by a date. Do you see that?
Who is the current sevicer for your loan?
hibiscus-
There is a lot to learn. Stuff you will not find here. Did you google the trust info?
Try to find cases where the trusts have filed suit against BNYM. Everyday new cases come up.
Collect info. Keep it in a place easy to look back on. Copy anything that you think might pertain to your mortgage issue.
Hibiscus,
I received a mortgage loan transfer disclosure notice dated 12-20-10. It says that my mortgage has been sold or transferred to The Bank of New York Mellon, N.A. on December 17, 2010. I don't see the name of a trust listed anywhere. BAC Home Loans is the servicer. It lists the Mortgage ID number.
Have you gone to the county recorder's office and gotten copies of a the records for your home? Often you can look them up on the website to see the chain of title that has been recorded. If BOFA sold your loan as you state, it seems that they then would have been listed on your promissory note as the lender.
I read a blog regarding a similar case, not knowing your history, I am uncertain how to direct you to finding the actual trust. This is the blog:
BAC TRANSFERRING HOME LOANS BACK TO BANK OF AMERICA, N.A.? « Livinglies's Weblog
Read through it and see if it relates to your situation.
Also, have you sent BOFA a QWR. They would then have to disclose this information. I have recently sent one if you need help let me know.
Muddy this is another link that explains your rights when your loan is sold
Know Your Rights If Your Loan Is Sold
Hi hibiscus - Here's my take on the situation. Hope those pins & needles didn't hurt too much! lol
There is no evidence to support the transfer of many of these loans ever occurred in compliance with the securitization documents, and applicable and Federal (REMIC) law. A securitized trust cannot take ownership of a loan through equity. Countrywide Home loans ceased all operations on March 8, 2008.
BofA can not assign anything from a defunct entity. Yet, assignment of mortgages are being recorded all the time even long after Countrywide ceased all operations. So long as BofA is not held accountable, they will continue to do this. Plain & simple.
I suspect many of these loans never made it into the trust to begin with since Countrywide was famous for rushing through paperwork at lightening speed all “in the name of GREED”. Once again, you can’t assign a loan into a trust once the trust has been closed. Many of these (original) notes have been either lost or destroyed & BofA must be pro-active is some way to protect their financial interest. Keep in mind, BofA can & will simply have a title company pull up copies of your signed documents & maybe even send them to you if you’re lucky. This DOES NOT mean they have the originals in their possession.
I’ve read about loan mods going through and that is a great solution to the problem for BofA where previous missing paperwork is concerned. Now Once the homeowner signs documents with the bank, the loan gets re-instated (according to the new terms) & becomes a performing asset again with a new effective date. That process prevents people like us from probing into the matter too much. That’s the last thing BofA wants!
Here’s another tidbit for you. In February 2011, former senior vice president of BONY pled guilty to a variety of Federal charges including money laundering & FRAUD. It’s a woman (I forget her name) but believe she was the “Patsy” that took the brunt of the wrongdoing on the part of BONY. Another key executive of BONY Robert Kelley stepped down last month (August) due to some differences in “management style”. BONY is in turmoil & is being closely watched. They are under investigation for the mis-handling of securitized mortgage loans.
So as you can see it’s a very complex situation and the FRAUD runs real deep. It seems everyone in the process wants to point the finger in the other direction. Very little accountability & no one in the process is stepping up the plate & being transparent.
AS THE HAMPSTER WHEEL TURNS!
You’re adorable! Actually, compared to the harpoon the bank has stuck through me, the pins and needles weren’t too bad. I just pull one out and start poking around for more info.
I agree that the certificate holders cannot take ownership, since no one of them owns any one loan individually. Like you, I also believe that the Loans never made it to the trusts. As I noted above, the 2006- mid 2008 reports for CWABS 2005-16 were not submitted until August 2008. This would have had to be done by BOFA not Countrywide.
That said, Countrywide declared bankruptcy. There is no evidence whatsoever that I can find that Countrywide was compliant with the PSA in reporting any loan schedules or performance to the trusts. Furthermore, another neon light indicator is that trusts are being sued for negligence in overseeing that the appropriate protocols were followed. In fact, I came across a newly filed amended complaint by Ambac, the monoline insurer for the certificates in several CWABS Trusts. Therein, Abmac speaks to the misrepresentations made by Countrywide and continued by BOFA. They seek repayment for the payouts made to investors for the defaulted loans, as they were paying P&I for non-performing loans. The question is how do you know if they were paying for your defaulted loan?
http://www.ambacfinancialgroup.com/pdfs/DocumentDisplayServlet.pdf
This presents a very strong case for borrowers who face foreclosure because if investors were paid there is no default. I’m just saying. So, aside from the fact that the notes were not properly endorsed according to the PSA, breaking the chain of title leaves the enormous question; WHO OWNS THE DAMN NOTE?
How are banks even able to foreclose? From my experience, the only kind of transfer that exists is the substitution of trustee. Nowhere has BOFA shown evidence of the following:
First, “certificate purchasers” are the banks themselves (security underwriters), and they only purchase a “pro-rata” share to a “pool” of cash flows —- that is all — they are NOT the mortgagee/creditor—the trust is assigned the loans from which the pass-through cash flows are derived—it is the DEPOSITOR (subsidiary), that owns the collections rights (they are not mortgage loans), and the Trust itself. The “certificate purchasers” (the bank security underwriters (another subsidiary) themselves) then repackage the certificates to “pro-rata” cash flows into CDOs that are marketed to security investors — who are also never the mortgagee/creditor. According to all PSAs — there must be a documented valid sale of the “loans”, with supporting Mortgage Schedule to the Depositor in order for any Trust to be valid. There was never any valid sale of loans — and the loans were never actually loans — they were collection rights.
Oh, Ambac is also seeking a court order for BOFA to repurchase these non-conforming loans.
This leaves me with several questions: 1. Why aren’t foreclosures more scrutinized by the system? (ie no more non-judicial foreclosures) 2. Don’t these fraudulent actions by the banks open a wide open door for Quiet Title? 3. What will it take to prove that your loan was not securitized?
Surely BOFA has all of Countrywide’s recorders. Ambac states in their suit that they poured over the loans and that from the beginning the majority of the loans did not meet the agreements. They have evidence that Countrywide agreed to repurchase, substitute loans, and cure the breaches for the non-conforming loans, which they never did. Since BOFA accepted all the good and bad from Countrywide’s actions through their merger, it stands to reason that this information should be transparent to those fighting for their homes. Are these issues the OCC would investigate? Can one inquire which loans were subject to insurance claims?
Unraveling the information helps, but how do you use it to secure your own personal interests in your mortgage?
One last thing, Muddy above states that BOFA sent a notice that his/her loan was sold/transferred to BNY Mellon. Does BNY Mellon purchase individual loans? Any sale would need to be recorded in land records, right?
Because (most especially the non-judicial states do not monitor the process through the courts. They are handled by way of trustee sale. It is a lack of regulations, transparency & greed that got us into the mess & leaves the homeowner with so many unanswered questions.How are banks even able to foreclose?I think the entire system is corrupt! All the so called regulators are in bed with the banks. Heck, even the OCC was considering releasing BofA of any future criminal prosecution.1. Why aren’t foreclosures more scrutinized by the system? (ie no more non-judicial foreclosures)It absolutely does, however; the banks know the average homeowner DOES NOT have the funds to take a quiet title action to court & follow though. Their attorney will certainly rack up lots of billable hours which will in turn cost the homeowner if they don't win. That in addition to the fees it may cost for the homeowners attorney. I was told it's highly possible to get in pretty deep 30-50k in attorney fees with still no guarantee of a win.2. Don’t these fraudulent actions by the banks open a wide open door for Quiet Title?I took a stab at sending a letter to BofA that touched upon this issue along with many others. (See item C below). I was certain to ask questions that they either do not have answers to or even if they did, will not tell me because they wouldn't want to incriminate themselves in writing. Essentially I asked the following of BofA:3. What will it take to prove that your loan was not securitized?
Please provide a written affidavit under penalty of perjury from someone who has first hand knowledge of the facts that stipulates the following:
a) The debt is valid and no discharge has occurred on this debt.
b) No tax credit was received for the discharge (if any) of the debt.
c) The debt has not been paid in full when the loan was securitized.
d) That Bank of America, N.A. has the authority to collect the debt on behalf of
(CWALT 2007-2B) G2.
Please also provide written proof from (CWALT 2007-2B) G2 that includes our loan number that gives your company the authority to collect the debt on their behalf.
That would have been a good question for me to include in my letter. Because once again, BofA is not going to be transparent with this information. Even if there's no PMI on your loan, the bank will still have it insured. As far as I'm concerned, BofA is double dipping on a lot of these loans. I just don't know how to get that concrete evidence.Can one inquire which loans were subject to insurance claims?
By law, only the holder of the note can foreclose. If the debt servicer does not hold the note and you make payments or give-back your home to the debt servicer and then the TRUE holder of the note shows up, you are still liable for the note.
The only party that has a right to foreclose is the REIT. The real party of interest is the trust - a non taxable entity that can not own anything including property!
Here is another great resource of the 530 trusts included in the BofA settlement with investors. This info was posted by loansafe member Stephanies. Here's what she posted:
Time for me to hit the sack. Goodnite!FreedomwonDetails of the proposed B of A settlement with the 530 Trusts listed has its own website atCountrywide RMBS Settlement and you can find the 530 trusts listed under the court documents menu on the list side of the home page. Really interesting reading regarding the proposed settlement, and how each investor could later still go after B of A if the level of default exceeds what the settlement guidelines indicate. So you are right, B of A is really in deep on this one, as the liability is still there, and the $8.5 Billion is just like 'hush' money for these investors to not make the bank buy back the 530 Trusts! My favorite read on this site is the complaint and what violations these investors are accusing B of A of, as the master servicer here. Really major stuff. Happy Reading! You can also visit the attorneys web site who negotiated the settlement at www.gibbsbruns.com/countrywide
AS THE HAMPSTER WHEEL TURNS!
1. Why aren’t foreclosures more scrutinized by the system? (ie no more non-judicial foreclosures)
I think the entire system is corrupt! All the so called regulators are in bed with the banks. Heck, even the OCC was considering releasing BofA of any future criminal prosecution.
I need to correct my statement above as it was very late last night when I posted & was overtired. I meant to say the State Attorney Generals are considering releasing BofA of any future criminal prosecution.
AS THE HAMPSTER WHEEL TURNS!
Thank you for the clarification. I too feel that corruption is steering this ship. My documents were notarized by the same notary as yours K mercado formally K cisneros. Did you find anything new about this? I spoke with the CA sec of state's office. They said that because the notary initialed the Sub of Trustee doc and dated the acknowledgement I day after the date of mers robosigner's signature that the document is invalid. Is it better to keep this in back pocket or bring it out in the open?
I'd hang on to that in your back pocket for now. It could prove to be a tremendous delay tactic that could certainly work to your advantage. In fact, timing wise, I would wait until after the notice of trustee sale has been filed, then I would pull that rabbit out of your hat. You can challenge the trustee with that information & they may have to start the process all over again. That will buy you a minimum of another 4 months. Here's some valuable new info I posted about Notaries - just began the thread this evening (just in case you haven't read it yet)!
Forged, Robo-signed, Mix Matched Signatures?
P.S. Do you have T. Sevillano on your documents as well?
AS THE HAMPSTER WHEEL TURNS!
Funny thing I was reading it as you were writing this! We had a moment of telepathy or something. I seriously doubt that she is signing herself. Thanks for your thoughts on this. It's mind boggling how far they'll go.
With regard to filing a claim against the bond, is that something you would pursue now or later?
The minute I am 100% certain, the document contains forged signatures, whether it be hers or T. Sevillano's, I will file a claim against the bond. For all I know, my documents could have "real authentic" signatures & other peoples out there may not. The best way I will feel comfortable as whether the ones I have are authentic or not is to compare signatures with the one she signed on her bond. I have to have solid PROOF in my hot little hands.
So far, all I have is a sneaking suspicion. I found Tina Sevillano (who signs on behalf of MERS, BofA, & Recontrust). Found her on LinkedIn Tina Sevillano | LinkedIn
AS THE HAMPSTER WHEEL TURNS!
Thanks for taking the time to read that post. I've been wanting to start that thread for quite some time but needed to get it in an easy to follow organized fashion.
I never did address your question on:The truth is, I'm navigating new territory & am just trying to figure it out as I go. For instance, I've been thinking for an entire year, there must be some way to secure solid proof if my documents contain valid signatures or not. It wasn't until the past 60 days, it all started coming together & one idea led to another ie; getting a hold of a notary list, getting an address of a notary, figuring out what the laws they are governed by, reading the handbook, figuring out how to get a copy of their bond etc etc.Unraveling the information helps, but how do you use it to secure your own personal interests in your mortgage?
AS THE HAMPSTER WHEEL TURNS!
Wow, you know I had stumbled on this awhile back but was not sure how to use it and did not have my correct trust name.
Now I do and Freedomwon directed me to this post.
My trust is not listed here at all! ?
Bank Of New York ( CWMBS 2003-01 )
That name was given to me in writing by BofA when they sent me the letter we all got about switching servicers .
I wonder what it means that the trust is not there?
Does it no longer exist????
Oh, wait, I DID find it!!!!
Thanks so much!!!!!!!!!!!!!!!!
hopeful - Now that you found your trust, please download all the monthly reports beginning with the month your loan originated. It will no doubt be a lot of files. You want all those files for your permanent record. Download them to your desktop & then you can search month by month to see where you loan is. To save you a ton of time, I recommend beginning your search the month the NOD was filed. Look 1 month before that & 1 month after.
I found the easiest way to do it is to download the files as a pdf, then use the "find" feature up at the top. Simply input your loan number to see if it's contained within that months report.
AS THE HAMPSTER WHEEL TURNS!
Yes, that's what I am doing although I am not sure what I can actually use this for?
what will this show or prove other than knowing that this IS the security my loan is SUPPOSTED be in if done legally ( doubtful ).
I can see the date I went delinquent, etc, etc and what it shows as of last recording . I am not sure what it all means but it does have the pay off amount as if I actually had been paying it all along , which may mean BofA has been paying ( I think they are supposed to do that ? ).
hopeful - Do you see when the loan was put into the trust if it was delinquent? You can scroll through the row (left to right) & you should see a column that says shows months delinquent. Also, as you look at future months, eventually you will see your loan get re-categorized within the report. It will get moved from under a heading titled "New" to under a heading titled "foreclosure".
These reports can be your "proof in the pudding" so to speak that your loan was securitized into the trust after the trust had already closed. Providing that's what did in fact happen in your case. The reason I suggested you download & save the entire files from the month your loan originated is just in case they go back & doctor the reports. The FRAUD in this whole mess seems to run very deep!
AS THE HAMPSTER WHEEL TURNS!
Good point about having them in case they change them.
I am not in foreclosure and the documents look accurate .
The loan was closed in feb of 2003 and did not become delinquent until they told me to skip payments in 2010.
My first payment was not due till april 2003 and this is also reflected in these documents.
Of course that does not mean my loan had been endorsed, or that BONY ever actually held the note.
My loan was recorded publicly as Countrywide Home Loans, inc.
There has never been any recording of it going to BONY ( or BNY as it was called at the time )
If they try to foreclose it will be interesting than to see what they do.
last month they started calling me twice a day for payments and I kept telling them I am recording the call and also I had sent a qwr to valid the debt and to whom I actually owed the money to.
They stopped calling and now I just get these letters..:-}
BofA really cares. :-}
Hawaii is no longer a non judicial state. If a bank wants to go non judicial, the homeowner can just request to convert
be judicial for a relatively small fee, or request mediation.
Hibiscus
This is great information, but you need to have your trust number first, correct? In the letter that I received from B of A Hm Ln Svg several months ago, that the servicer was changing to B of A NA, it did not list who owned my loan - I have reread it again and again, and there is nothing stated.
Meanwhile, several months ago I was able to look up on MERS that Countrywide sold my jumbo pay option ARM to Merrill Lynch 10 DAYS before we even closed on the home in July 2007, and before we even had signed our paperwork. My deal was one of those where CW slipped in the pay option arm at the last minute, and did not disclose what the true min interest payment would be, just the minumum payment, which was their game back then, wasn't it? We had credit scores in the high 700's and they used that as their excuse to put whatever financials in that they wanted to, despite us putting $85k down on the home and documented income and assets. And they inflated the appraisal on the new home construction, which is documented.
I was denied HAMP, after waiting 16 months, due to the neg amort feature on the loan exceeding the HAMP limit in Jan 2011. They have since also added a $1000 escrow per month to the loan, due to applying for HAMP, and refuse to remove it.
I went late for the first time in August, due to losing my job in March. I did not want to reapply for a mod until I got income coming in again, so am looking to delay the foreclosure process as long as possible. I believe that I should have been a part of the original CW settlement in Oct 08, but according to B of A, I would have been contacted..blah, blah, blah...
I would love to figure out what illegal activity happened on my loan as well here....have you any insights on a mortgage that would have been sold to another investor before the paperwork was even signed, or the loan closed? And any knowledge of what might have happened to the Merrill Lynch transfer since then? B of A 'verbally' told me in February 2011 that regardless if they let the clock run out on the HAMP limit, the 'investor guidelines' would not allow for a mod of any kind. At 7.25% interest, I can see why not, but I also wonder if they have no idea who owns our loan currently.
Interesting, someone found the time to go into MERS recently and change the info to read that B of A is the servicer of both the first and second that we did together at the time of purchase. I did not want to go any further though, and enter my social, as not sure what rabbit hole that would take me down ...
thanks for any insights..
stephanies-
They absolutely know who they are purporting the lender to be. Whether there is is any fact to what they purport is another thing. Have you sent a QWR specifically asking who the holder is? Though they prentended for a long time that they could not or did not know who the lender was, that was a lie! Know that we have figured out their pretense, they are divulging the trusts in which our loans were sold into.
I suggest you call or write, and ask them. Everything is better in writing, but if time is of the essence just ask them. Once you have the info, I would be happy to walk you through the process. The information is very telling.
Good Luck!
So does any of this have to do with why BofA said they were transferring my loan to someone else this summer and then sent a letter that said never mind?
1broomdriver-
BOFA is trying to get their ducks in a row. However, the left hand doesn't know what the right hand is doing. By this point you should have the name of your "lender". The reason the mortgages were moved to the other division is because it is FDIC insured. Thus, taxpayers will get the bill for that when the time comes. At this point it is really important to know who your lender is and what trust your loan was securitized in. BOFA is just the servicer, you cannot forget that. It is the holder of the note that holds the power. Be wise and seek out that information.
This is a really interesting thread. I hope to research my note when I have time. In the meantime I wonder if this situation had anything to do with the modification I got a couple years ago.
I went thru NACA and they proposed a 2% fixed life of the loan and it was approved. Now at the time the discussion on this board was that it was very important who the investor on the loan was. We were told the investor had to approve of the modification. My loan was originally with Countrywide, taken over by BofA and the investor is BANK OF NEW YORK! Many people at that time who had BONY as the investor got pretty good mods.
Does make you wonder if the FRAUD is the reason why these mods were approved.
I checked the MERS site and it says BofA services both loans with BofNY as my first and BofA has the second. I am going to check the County records on Monday to see if Countrywide is still listed. I have been amazed that I am almost 60days past due and have not received 1 phone call. Not that I am complaining....but I am curious
Freedomwon
Thank you so much for your guidance!! I just looked up our trust (as listed on my County's Website as Current Holder: Bank of New York, Mellon, FKA The Bank of New York CWABS 2005-BC2. There is a -BC03 and BC05 but no BC02, at least that I can find.
Our original mortgage was with Decision One Mortgage, who sold to Countrywide, who was taken over by B of A.
Hi GMMCCL:
I found this thread here on loansafe.org.
Is Bank of New York Mellon Trustee for certificate holders of your Loan?
CW California - It doesn't make me wonder. I'd bet my bank account on it! These banks have gone to great lengths to conceal their FRAUD. In my case, Countrywide never put my loan into the trust. BofA then put the loan into the "closed" trust from years earlier after it had become delinquent.
AS THE HAMPSTER WHEEL TURNS!
Freedomwon that is just amazing. When I get some time to get out the papers I am going to research this. I don't really know what good this will do but I would like to know if my loan patterns after yours. What year did your loan originate? I bought my home 3/2005 in Southern California. Where in your paperwork did you find the trust information? Also of interest would be to know if the loans they grouped for these trusts, originally, were regional or did they pick and choose across the nation? Anyway to find this out?
Hi CW California - My loan originated in January 2007. I found the trust information in 2 places. One came to me as a result of a QWR to BofA requesting who the owner of the note is. The other on the assignment of deed of trust at the county recorders office. Information on both matches. It should say something like this: THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2007-2CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-2CB.
I haven't come across any information that shows if the loans in the trusts are regional or if they were a mixture from across the nation. What makes this difficult to piece together is many of these loans weren't placed into the trust once originated. Mine originated in January 2007 put wasn't placed into the trust until February 2011. So where I encourage you to do to begin this research is to look at the files the month before during & after the most recent assignment of deed of trust was recorded.
It proves the FRAUD of countrywide by not securitizing your loan as they should have. It also proves the FRAUD of BofA by putting your loan into a trust that was already closed. This was their way of trying to clean up the mess without drawing attention to it. It also proves BofA has violated SEC laws by putting a non-performing loan into a closed trust. They did this to establish a paper trail so they could collect on the loss.I don't really know what good this will do
I'm real clear in my mind what has been done here & why. Problem is try explaining it to a judge that really has no in-depth understanding of how the loan trusts & mortgage backed securities markets works. In the judges eyes, all these facts does not change the fact that I, as the homeowner, stopped making my payments. In California, so far, that's what it boils down to. I still have hope that may change in the near future!
AS THE HAMPSTER WHEEL TURNS!
Do you recall the date BofA took over? It's been so long now that I can't remember why they took over. Did they buy them? Were there deals made with the federal government to take over? Why does this government over look all this crap? Anyway thanks for the input. When I get caught up I am going to look for the trust info. I am in the process of defaulting on my 2nd in hopes of settling it. Who knows how long that will take!

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