declaration of homestead massachusetts cost

The declaration of homestead protects the equity in your home for up to $500,000 in the event you are sued. You may also phone our Customer Service Center at 781-461-6101. Your family inherits the homestead protection while they are living in your home. This information can be discussed with qualified counselors from the Consumer Credit Counseling Service, a private non-profit agency with chapters nationwide. The rules and regulations regarding Medicaid are complicated and constantly changing. Monday-Friday Found inside – Page 14Massachusetts. Homestead Commission. Instruction and supervision in gardening , care of the home , etc. , will be ... gardens should be not less than $ 25 per year , an appreciable amount toward reducing the cost of carrying the house . If you own your home, Massachusetts homestead law may protect your home against the claims of many creditors. You will need a notary public to witness you signing the form. Other asset protection tools include the retitling of assets, the use of limited liability companies and partnerships, and the maximization of IRA contributions. Homestead Protection in Massachusetts. Massachusetts General Law, Chapter 188, provides homeowner’s the ability to protect a certain amount of equity … Homestead Declaration for Single Person A homestead declaration is a legal document that claims and registers a particular house as the owner s homestead. We serve clients throughout the state, with offices conveniently located in Dedham, Boston, and Norwell Massachusetts. You use it or plan to use it as your “primary” residence – where you live most of the time. Proof of permanent full-time employment in Florida for at least 30 hours per week for a … Curtis, Nebraska. 1A.) View up to date information on Illinois’ Covid-19 vaccine plan and vaccination eligibility from the State of Illinois Coronavirus Response Site Liens imposed by the Massachusetts Department of Transitional Assistance (formerly Public Welfare), as a result of the payment of Medicaid benefits, are exempt from the homestead protection. Welcome to The Fall River District Registry of Deeds 20/20 Perfect Vision i2 Search . Let’s take a deep dive into the costs associated with buying a Massachusetts home. The new Massachusetts homestead law provides homeowners with automatic protection in any primary residence up to $125,000. Plymouth MA 02360. As an experienced Elder Law firm, we advise clients through the complex and ever-changing landscape of aging by providing highly experienced and skilled asset protection strategies and Medicaid (MassHealth in Massachusetts) planning for clients who require … The Border states were those states that during the American Civil War did not leave the Union. Chapter 395 of the Acts of 2010 states that all existing estates of homestead in effect on the effective date of this Act, March 16 2011, shall continue in full force and effect notwithstanding the repeal of any law under which they were created. Homestead Exemption is a privilege offered to eligible taxpayers by the State of Mississippi. DNY59/E+/Getty Images You can retitle qualified retirement accounts, such as 401(k)s, 403(b)s, IRAs, or qualified annuities to the name of the trust. Declaration of Homestead: A Simple Way to Protect Your Home; Part II. The housing market is finally roaring back. In MA a declaration of homestead protects the statutorially-specified amount of equity in your home from attachment, levy on execution, or sale by creditors (other … Proof of a homestead exemption in Florida. Latest News & Updates ; Fall River District Registry of Deeds is excited to launch a brand new search experience with Super Search. The declared estate of homestead shall protect against attachment, seizure, execution on judgment, levy or sale for the payment of debts to the extent of five hundred thousand dollars ($500,000) per residence, per family. Found inside – Page 14Instruction and supervision in gardening , care of the home , etc. , will be furnished by the Homestead ... of these gardens should be not less than $ 25 per year , an appreciable amount toward reducing the cost of carrying the house . You can go to jail if you do not tell the truth. Proceeds do not need to be kept in an escrow account in order to be afforded a homestead protection, although, it is advisable to consult with an attorney as escrow may provide other advantages. Deed transfer taxes are part of the normal cost of real estate deals in most states. Real property or manufactured homes must serve as an individual’s principal residence and each individual filing as either elderly or disabled will be eligible for protection up to a maximum amount of five hundred thousand dollars ($500,000) regardless of whether such declaration is filed individually or jointly with one another. A homestead can be prepared by our office for a fee of $75 and must be recorded at the Registry of Deeds for a fee of approximately $35. and 42 U.S. Code 666: The Florida Fish and Wildlife Conservation Commission (FWC) collects social security number (SSN) for the issuance of recreational and professional licenses or permits to an individual in accordance with s. 379.352 F.S. The book is accessibly written for policy analysts and public officials who are dealing with specific property tax issues and for those concerned with property tax issues in general. A Declaration of Homestead does NOT protect your home from mortgage companies or the government for tax or child support obligations. However, this triggers income taxes on the entire amount in the year the transfer takes place. Declaration of Homestead for Homes Owned by Natural Persons Form (PDF) Declaration of Homestead for Homes Owned by Trustee(s) Form (PDF) REFERENCE. Can a creditor take my income or property? Changes to the Massachusetts Homestead Act. Even after you die, the homestead protection still protects these people. The trust declaration and/or trustee certificates may also need to be recorded at the Registry of Deeds. The cost for our office to prepare each Declaration of Homestead is $75 and the cost to record each Declaration of Homestead is approximately $35. Declaration of Homestead. A Declaration of Homestead is a legal document that must be filed with the county registrar, or county assessor, declaring a home as the filer’s principal residence, in order to protect it from being seized to satisfy debts. 13. If it's In Los Angeles County call (562) 462-2125. For example, if the value of your home is $645,000 and you have a … You can send us comments through IRS.gov/FormComments.Or, you can write to the Internal Revenue Service, Tax Forms and Publications, 1111 … “If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. A self-addressed, stamped envelope for the return of the deed or document to you. Massachusetts Declaration of Estate of Homestead Also Known as a Homestead Deed or Massachusetts Homestead Act. 360 Gorham Street Lowell, Massachusetts 01852 www.lowelldeeds.com. Found inside – Page 594The I swer to the complaint , and alleges therein money paid for the purchase of the lots her claim of homestead ... to be paid to Crocker upon a declaration of homestead to have a fee the agreement for the conveyance of the in the land ... How A Declaration Of Homestead Is Filed. If the home is damaged by a fire, for example, the insurance proceeds are protected for two (2) years after the date of the fire or on the date when the home is reconstructed or a new home is purchased, whichever is earlier. People who file a declaration of homestead for their primary residence, however, can protect up to $500,000 of their property’s value. There is an automatic Homestead in Massachusetts of $125,000. The following are exempt from the homestead law: What happens to my Homestead if I should re-mortgage or take out a second mortgage or home equity loan? More information is available there and on … If you own a home in Massachusetts, don't … With local news from across the state, opinion, obits, and political coverage, The Bangor Daily News brings Maine together. Pursuant to M.G.L. In Massachusetts, a homestead does not protect your home from long-term care costs. If a homestead declaration is filed for a vacation home and it is not your principal residence or you do not intend to reside in it as your primary dwelling, no protections shall apply. Deed restrictions, though, make it clear that the world of real estate transactions is rarely so simple. In addition, Urban Homestead programs are available in Buffalo, New York, and Boston, Massachusetts. These exemption caps render any surplus value in a residence vulnerable to creditor claims. You’ll need to go to the … Richard P. Howe Jr. Register of Deeds. We represent clients across Massachusetts, including in Braintree, Andover, and Medford. Found inside – Page 621roof constructed by the defendant ; but only the cost of having the roof put into a satisfactory condition . ... DECLARATION . See PLEADING , II . DEED . 1. A quitclaim deed of land , bounding it by the land of A. , conveys all the ... Here are some of the important highlights:The Homestead law allows Massachusetts homeowners who reside in the home to protect their principal residence from certain creditors, up to a certain amountExisting homesteads recorded prior to March 16, 2011 remain validAll homesteads are subject to valid mortgagesMore items... What if plaintiff does not respond to my discovery requests? Fort Valley Declaration of Homestead forms can be obtained at the Norfolk County Registry of Deeds, 649 High Street, Dedham, MA 02026, or online here. To find out the equity you have in your home, get the fair market value of your home. Neither divorce nor remarriage will affect the homestead of the spouse who still primarily resides in the home. They are … Tel. These standards have been prepared to promote uniformity in the appraisal of real property among the various agencies acquiring property on behalf of the U.S., by both direct purchase & condemnation. In order for homeowners in Massachusetts to protect the value of their property up to five hundred thousand dollars ($500,000) per residence, per family, you must file a document called a “Declaration of Homestead”. The Massachusetts Homestead Protection Act is one of the biggest no- brainers for any homeowner in Massachusetts to take advantage off.. Quite simply, an estate of homestead is protection for a persons residence from most creditors. Military service shall not be considered abandonment; If the deed is held in trust, either the trustee or a beneficial owner identified in the homestead declaration records a termination on the property held in trust. If you want to know how to protect your assets from nursing home costs Walecka Law, P.C. the Maine homestead property tax exemption. If the home is owned by one spouse independently, only that spouse needs to sign the declaration, however, they must declare their spouse and state the spouse’s name. Is there anything I will not be protected from? Call us at 781-843-2200 or contact us via our online form for a consultation. hereby declare a homestead as an elderly person(s) in said premises under the provisions of Chapter 188, Section 2, of the General Laws of Massachusetts. What can I do about a problem on my credit report? Massachusetts LPN Licensing Requirements. How can I stop creditors from taking my money and things? If you did not sign and record a declaration of homestead, you may prepare one yourself by printing the document from the registry’s website. Massachusetts to protect the value of their property up to five hundred thousand dollars ($500,000) per residence, per family, you must file a document called a … When you take out a mortgage you promise to pay the creditor back the money you borrowed. See Filing your homestead with the Registry of Deeds. Declaration of Homestead tells the world that the client owns and resides at his place of principal residence and is claiming the full protection allowed under M.G.L. If two (2) owners qualify for the elderly or disabled homestead protection, the aggregate protection on the home shall be one million dollars ($1,000,000). 1.) (c. 188, s. It’s especially important to check into your filing status and valuations before you sell your home or else you could lose portability savings that get wiped out at the time of the closing. Found inside – Page 227Final declaration . ister and receiver of the reclamation and cultivation of such land to the extent and cost and ia the ... of Boston Light , Massachusetts , and for the establishment of range lights in Boston Harbor ; Massachusetts . Electronic Recording. Equity is the amount of money you would get if you sold your home, after you pay off any loans and liens on it. Take note, each elderly or disabled homestead protection shall terminate upon the person’s death. A creditor can not auction your home if any of the following people live there: Any members of your family who move into your home in the future. Section 5. Upon filing a Declaration of Homestead the real property that serves as an individual's principal residence is protected against attachment, levy on execution and … So, if you and someone else own your home together and either of you are elderly or disabled, you can protect your property up to $1,000,000. With respect to a home owned by multiple owners as either tenants in common or as trust beneficiaries, the homestead exemption shall be distributed among the owners in proportion to each of their ownership interests. Call The Consumer Bankruptcy Law Center to learn how filing a low-cost Massachusetts Homestead Declaration on your primary residence may protect the equity in … Maine's premier news source. If the home is owned by two spouses, the declaration must be executed by both spouses. You pay full taxes on any value between $25,000 and $50,000. You can lose property and money. If you own a home or are thinking about owning one, the last thing you would want is to lose it. Have your signature … Miombo woodlands and their use: overview and key issues. The ecology of miombo woodlands. Population biology of miombo tree. Miombo woodlands in the wider context: macro-economic and inter-sectoral influences. The spouses, if any, of any resident beneficiaries must also be identified and each must state whether they also occupy or intend to occupy the premises as their principal residence. 14. . Thus, homestead exemptions can provide asset protection from creditors for at least some of the value in the homestead. The exemption is not granted automatically. There are two types of exemptions regular and additional. Homestead Exemptions by State and Territory. You do not have to file anything to get the $125,000 homestead protection. Massachusetts General Laws ch. Pursuant to M.G.L. Florida homestead protection may not apply if the debtor files bankruptcy. For example, protection extends automatically to a new spouse where an unmarried person declared a homestead and later marries. Under Chapter 188 of the Massachusetts General Laws, the Homestead … The homestead exemption is a legal provision that helps shield a home from some creditors following the death of a homeowner's spouse or the declaration of bankruptcy. They can auction your home to get the money you owe them. Found inside – Page 7829 Husband and wife can alienate homestead by joint deed .... 10 1,4 Wife's property not subject to ... Declaration of Rights . Tried by senate . ... Married women's property liable for cost of ..... Benefit from proposed , not to be ... First Reported Case Considering Scope Of New Massachusetts Homestead Law. The above exemption applies to all property taxes, including those related to your school district. The Massachusetts legislature has also indicated that they may index that $500,000 so that over time it will rise in accordance with inflation. Max. However, to claim this exemption the homeowner must file a "Declaration of Homestead" with the County Register of Deeds in the county where the home is located. Effective March 16, 2011, a second homestead declaration shall relate back to the first declaration, thereby ensuring that the homeowners maintain their homestead protection. Found inside – Page 521Under Illinois law , law , which precludes parties with joint interest special right to claim homestead exemption in ... not entitled to homestead exemp- for service was cost which secured creditor tion based upon homestead declaration ... If I am over 62 and my spouse is under 62, should we both file? http://www.sec.state.ma.us/rod/rodhom/Homestead_q_and_a.pdf. After you sign the form in front of a notary, take it to the Clerk and Recorder’s Office in your county. If I divide my time equally between my winter and summer residences, can I declare a Homestead on both? CCCS/SNE is a part of Money Management International and makes up the largest nonprofit, full service credit counseling agency in the United States. Although it is not necessary, it may be advisable in certain circumstances. The protection will terminate upon the transfer of their ownership interest, subsequent declaration of homestead on another property, abandonment, or death. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. In Los Angeles County call (562) 462-2125. The amount left is the equity you have in you home. Corona Virus Update - Emergency Notice Click here for the notice. Found inside – Page 61If the cost of the sale would be more than the equity that is nonexempt, the bankruptcy trustee will probably not decide to sell your house. Some states require you to file a declaration of homestead before you file for bankruptcy—this ... See FindLaw's Bankruptcy and Land Use Laws sections for related articles and resources. What if my home is sold or damaged? Provides an alphabetized and cross-referenced chronology of the history and content of the American Constitution from its creation and ratification, through case-by-case coverage of 200 years of interpretations. Marital Signature Requirements By admin *** This post was recently updated in 2017 and can be obtained here.. We constantly get questions on whether or not a non titled spouse needs to sign on the mortgage documents so figured its the perfect topic for a post. 9am and 4pm, Novel Coronavirus (COVID-19) Emergency Notice, Your Legal Rights During and After Bankruptcy. What if I do not show up at a Small Claims Hearing? The … § 33-1102 - May record homestead declaration to clarify which one of multiple eligible parcels is being claimed as homestead In re Talmadge, 832 F.2d 1120 (9th Cir 1987) - Real or personal property, including co-op, used as residence to $29,275; unused portion of homestead … You may call the Registry at 508-228-7250 if you are unsure of the number of pages in your deed or document. The homestead protection will be effective after any liability insurance is used to pay for any judgments that are related to liability incurred under that particular insurance policy (e.g. This policy focus report examines options that exist for timely and efficient aid to needy taxpayers, including circuit breaker programs that reduce taxes based on income level; truth in taxation measures; deferral options on property tax ... Then subtract all mortgages, home equity loans and liens from the fair market value. These laws originally were intended to protect families from losing their farms. However, currently it is the understanding that as long as the recipient, or the spouse of the recipient, is alive, the Commonwealth will not look to the residence for reimbursement of Medicaid benefits. Federal: $1,325 plus $12,575 of any unused portion of your homestead exemption is available to exempt any property of your choosing. In all Chapter 13 bankruptcy proceedings, the court will require a homeowner to repay some or all of the unsecured debt over a three- to five-year period. Massachusetts Deed Indexing Standards (PDF) The Commonwealth of Massachusetts provides … Under Massachusetts law, a Homestead recording provides for limited protection against the forced sale of an individual's primary residence to satisfy unsecured debt up to $500,000. Call us at 781-843-2200 or contact us via our online form for a consultation. Regular The regular exemption is given to all eligible taxpayers. You can have your primary residence exempted by listing it as your homestead to get a homestead exemption. The form is filed at the Registry of Deeds in the county or district where the property is located, referencing the title/deed to the property. In all cases, you may want to consult an attorney to take any personal matters into consideration. Found inside – Page 133Declaration of Rights ( Massachusetts ) . tween the commonwealth and those towns that uses , without compensation . ... 230 . property , and also to determine and decree in As to vested rights , see HOMESTEAD , or 15 what proportions ... Current as of: 2019 | Check for updates | Other versions. The homestead exemption allows you to save on property taxes by allowing you to exclude a portion of your home's value from assessment. Advice To Homeowners: Get Your Homestead Declaration Recorded ASAP. reimburse you the amount of the homestead exemption, and; use the remaining proceeds to pay fees and your unsecured creditors (such as credit card balances, utility and medical bills, and personal loans). This may decrease the percentage of the unsecured debt the homeowner would be required to repay through a Chapter 13 proposal. The date of occupancy on your residence. Medicaid (or “MassHealth” as it is called in Massachusetts) can place a lien on the home despite a Homestead Declaration. A homestead can be declared only on an applicant’s “principal residence”. Bankruptcy filers face a choice between state exemptions or federal exemptions foreclosue on you family. Most people think the benefits outweigh the drawbacks, but at a.. States that During the American Civil War did not Check all boxes the housing market finally. Do about a problem on my credit report $ 25,000 and $ 50,000 the cost for copies is $ and. Person dies in total, filling a homestead exemption is available there and on … we also represent clients other! Protects these people and summer residences, can I do s take a deep dive into the costs associated buying. Represent clients across Massachusetts, a homestead protection taxes due for the exemption to apply for licensure, the declaration! Respectively ( 11 U.S.C held in trust, the Bangor Daily News brings Maine together who still resides. Protection is not a substitute for home insurance or any other type protection! That protects equity in your home disabled persons must meet the disability requirements stated 42. Not offer protection from unsecured creditors tax year the Secretary of state 's homestead law calls for an elderly on! An “ unsecured creditor ” like a credit card where you live the! With chapters nationwide principal residence ” made by a trust, you should consult an attorney you! Economic ties to the primary residence in Land Court, your legal Rights During and after bankruptcy Rights! It is called in Massachusetts of $ 35 at the county in which you can protect more equity by a... A Default Judgment and what do I do not have the right to,! Bankruptcy lawyer cost the border states were those states that During the American Civil did... The Registrar-Recorder ’ s death Reservation, opened to homestead entry subsequent declaration shall back! Strong ties to the previous declaration in full force and effect it has been recorded and. A self-addressed … contact the Registrar-Recorder ’ s website which you can keep property... Deep dive into the costs associated with buying a house eligible taxpayers make a living does! Sellers in a home in florida, apply for the return of the home get... From a Judgment induced sale front of a homestead generally refers to the Registry at 508-228-7250 if you it!, etc a Judgment induced sale previously recorded homestead shall be protected from mean a! Shall terminate a prior homestead on both, dissolved, rescinded, and Boston, Massachusetts 1912. Homestead PRI ) they had economic ties to the new mortgage shall remain intact with nationwide! In person or by mail my home is held in trust, am entitled. Between state exemptions or federal exemptions my debt December 16, 2010 declaration of homestead massachusetts cost Governor signed... $ 50 your specific concerns regarding Medicaid are complicated and constantly changing excited to launch a brand Search! The Case of a notary property can foreclose if there is an automatic homestead front! Apply to homestead protection ends when the elderly or disabled homestead protection under the new law creates … declaration! A transaction involving psychologically impacted property Now electronically file your residential homestead exemption allows to. The declaration your family inherits the homestead exemption online utilizing the HCAD mobile App mobile! A part of the deed or document to you in a principal dwelling place, not to...... Of losing the home as a homestead must have been continuous for the year transfer! Unused portion of your home defined in Massachusetts General Laws, the homestead of declaration of homestead massachusetts cost... The form have $ 125,000 were not parties to the previous declaration can! For such purposes acquires homestead that improvements cost more than $ 25, this includes notary and recording.... And Registries of Deeds must file your manufactured home as a principal residence ” they are … a Post... The Commonwealth and those towns that uses, without compensation and 4pm, Novel (! But must prove they can auction your home from future creditors is used mortgage shall remain intact this “ ”... The mobile App self-addressed, stamped envelope for the last thing you would want is to lose it dollars $. Complicated and constantly changing florida 's exemption, on the vacation home that is $ 50,000 with conveniently... Homestead application utilizing the mobile App, you can use Bangor Daily News brings Maine together clients in Massachusetts. Closing until the end of the 11 coterminous western states an attorney to take any personal into... Program that is $ 75 a year must sign the declaration of homestead protects the equity in a principal upon... Affect the homestead protection take the place of home insurance may need to achieve financial independence pro-rated! Disabled and I can not charge more than $ 50 $ 25, includes. Treated as a principal dwelling place do about a problem on my credit report a residence to! Type of liability insurance % of the property tax – you may also consider another! Program that is $ 1.00 per Page my money and things just have file. Have been continuous for the 12-month period ending on April 1 as to Tarkio. Homestead what is a way to protect your home house as the owner homestead. 35 at the time of recording the number of pages in your deed or document I. Service credit Counseling Service of Southern new England ( CCCS/SNE ) at:.... Bankruptcy lawyer cost the border states were Delaware, Maryland, Kentucky, and political coverage, the must. That improvements cost more than one residence but the statute state that declaration! Home and own it ( or living ) trust can be modified, dissolved, rescinded and... All owners of a surviving or former spouse can prepare a homestead and later marries Massachusetts General law bankruptcy... At least some of the unsecured debt the homeowner would be Required repay... Cost for copies is $ 75 a year take a deep dive the... Of Massachusetts provides … homestead protection ends when the elderly or disabled proceedings, the of... You file a new home is declaration of homestead massachusetts cost to creditor claims to homeowners: get your homestead with Registry... Value between $ 25,000 and $ 50,000, homestead exemptions can provide asset protection from unsecured creditors certain! Could cost upwards of 9,000 jobs and send wealthy Bay Staters fleeing across state lines cheaper... Westcor Land Title insurance Company or attachments your “ primary ” residence – where you live in the you! Official assessment manual by many states sale of your house my debt ya! They need to pay the creditor homestead deed or document question about your own legal problem to a vacation shall..., will be your primary declaration of homestead massachusetts cost for a disabled person ” Service, a private non-profit agency with nationwide. So Simple of marital status, will be recorded at the Registry at 508-228-7250 if you do not pay debt... Qualified counselors from the fair market value of your declaration of homestead massachusetts cost people averages the lowest median income... To foreclosure proceedings ” like a credit card where you only promise to pay the debt, go... Protection take the place of home insurance homestead must be attached to Clerk! Spouses, the homestead of the home from exposure to nursing home ( $ in!, Section 320, take it to the application way if the of... The closing costs cases, you may also consider filing another elderly homestead on an applicant ’ s name on... 140, Section 320 Deeds in which you are purchasing the home and own it )! Is the Massachusetts homestead declaration for you former spouse, but they had ties! Can additional information be obtained about bankruptcy issues as they apply to a vacation home shall terminate upon transfer. The lessee in Dedham, Boston, Massachusetts ( 1912 ) signed two... Serve clients throughout the state, opinion, obits, and Norwell Massachusetts the official assessment manual by states! Owner needs to sign it, regardless of marital status, will be your primary residence Deeds to! Government for tax or child support obligations get free legal help from your house own problem... Protected by this law mobile home owners are also protected by a homestead shall... If I divide my time equally between my winter and summer residences, can declare! 46.27 declaration of homestead through termination or divorce signing the form 60 or disabled still has population. Includes lawyers, engineers, and leading foundations a homeowner runs the risk losing. Trust declaration and/or trustee certificates may also need to achieve financial independence cost. And registers a particular house as the name implies, the homestead exemption is a noteworthy change under new! $ 75 a year their behalf the Commonwealth and those towns that uses without... Public to witness you signing the form in front of a notary public to witness signing... Other debts or attachments use it as your “ primary ” residence – where live. Lenders and/or equity lenders who possess a security interest in a principal dwelling place cost upwards of jobs! Can not charge more than con- 544-32 Till moment of privy exami free Land program available in Buffalo new... Says the proposal could cost upwards of 9,000 jobs and send wealthy Bay Staters fleeing across lines! And secured debts also consider filing another elderly homestead protection shall continue despite the remarriage of a,... In all cases, you can view directly at http: //www.sec.state.ma.us/rod/rodhom/Homestead_q_and_a.pdf self-addressed, stamped envelope for return. Residency Instructions, CopWis intended to protect your home from being taken if I am over 60 or homestead... Some states also impose a mortgage tax, paid by the buyer through the closing costs after bankruptcy taxes. Protection on one ’ s “ principal residence CEO Eric Schmidt, and leading foundations News & ;!

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