Who really owns a newly purchased car in the state of Georgia? Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. Always consult a lawyer about legal issues. In Georgia, a pre-repossession notice does not have to be sent to a consumer before repossession occurs. Chapter 7 Bankruptcy Do you qualify, how to file, A Foreclosure Lawyer Can Help Save Your Home, We Can Help You Avoid Foreclosure with a Mortgage Loan Modification, Galler Law Can Help with Student Loan Debt Settlement, Get the Foreclosure Help You Need at Galler Law. Sit back and relax while we do the work. They are attempting to make me pay for services that I did not receive. The borrower may object to this procedure. If you have been the victim of a Wrongful or Illegal Repossession, find out what your legal rights are by contacting The Roper Law Firm at 706.596.5353. If you get assurances that you can extend the due date or defer payment from the creditor you must get that in writing AND approved by someone who has that authority. Local, state, and federal government websites often end in .gov. Under Georgia law, when a vehicle is repossessed, the creditor does not need to provide you with advance notice of the repossession. While many repossessions involve heated vocal disputes, it is extremely important to refrain from performing any verbal or physical threats, or from performing any unlawful action. The law states that repo agents mustn't employ verbal intimidation or physical violence in the course of repossessing a vehicle. If the money that remains is not enough to cover the debt in full, it is possible that the consumer will be responsible for paying the difference that is leftover (which is called the deficiency balance). They arent allowed to trick you into bringing your vehicle to a repair shop and then seize it there. Call 1-800-GEORGIA to verify that a website is an official website of the State of Georgia. All Rights Reserved. The lender needs to sue you and get a deficiency judgment from a court order to collect on the balance. An official website of the State of Georgia. To do this, youll have to pay the full balance remaining on the loan, not just the payments youve missed, and youll need to pay any repossession or lender fees. For instance, if you owe $8,000 on the loan but the lender only received $6,000 from the sale, you owe the lender the remaining $2,000. Copyright 2023, Thomson Reuters. While a repossession company may come on your property to perform a lawful act of repossession, they may not threaten you or use force against you. I need help. An upside-down car loan is when you owe more on the loan than the car is worth. notice, the personal property may be disposed of in the manner most expeditious to In Georgia, if the car creditor wants to pursue a deficiency the car creditor must provide you with notice within ten days from the day of repossession, of its intention to pursue a deficiency as well as notice of your right to redeem the property. It may also be unlawful for a repossession company to enter into a restricted area to perform an act of repossessing your car, boat, or other item of value. How you know. Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. For anyone who owns a vehicle in Georgia, it's important to understand how little it takes to fall into a default that can trigger a car repossession. DoNotPay is the fastest, easiest, and most convenient way to sue for a wrongful car repossession in Georgia. If you physically prevent the repo company from taking your car or use the threat of violence to stop repossession, youre breaking the law. Vehicles should only be repossessed if you failed to make payments and made no point of communicating with your lenders. In this case, you might only have to pay the difference between the fair market value of the car and the balance due on the loan. If we can make a case for wrongful repossession, DoNotPay will file a demand letter on your behalf to the lender to fight against. Notice of Repossession If youve missed payments and your car is repossessed, but you dont receive notice in the mail about the repossession within 10 days of when its seized, reach out to your lender. What Is The Bankruptcy Means Test in Georgia? Wrongful repossessionmay happen if you have paid your dues but have not been registered by your lenders, or if they breach the peace while repossessing. Georgia Lawyer providing experienced Consumer Protection, Debt Collection Harassment, and Employment Law Attorney legal services in the State Courts of Georgia, the Middle and Northern District Courts of Georgia, and the Eleventh Circuit Court of Appeals, and other federal courts as specially admitted. Catherine Falls Commercial/Moment/GettyImages, Georgia Statutes for Publication Notice to Creditors of Estates, Federal Trade Commission: Vehicle Repossession, Georgia Gov Consumer Ed: Car Repossession. You may be expected to pay a small charge for their retrieval. It may also be unlawful for a repossession company to enter into a restricted area to perform an act of repossessing your car, boat, or other item of value. However, some guidelines should be followed during repossession. See the firms Terms, Conditions, & Disclaimer page for its privacy policy. After these are paid for, the remaining money can go towards the consumers loan balance. The lender must attempt to receive a commercially reasonable price. She holds degrees in communication and psychology and has earned certificates in medical writing, business management and landscape gardening. If you fail to make payments on time or default on your obligations under the contract in any way, the creditor or lessor may have the right to repossess your vehicle. Current as of April 14, 2021 | Updated by FindLaw Staff. . . We provide you with a platform where you can sue anyone, fight bureaucracy, and perform all your long tiresome processes. They may also have to pay for their legal fees and any costs. Once your car is taken, the lender will sell it at auction. In many cases bankruptcy provides a structured repayment of the debt and can even reduce the balance and interest rate that you have to repay. How you know. Yes. Attorney,John W. Roperis an experienced Wrongful and Illegal Repossession, and Consumer Protection Lawyer providing professional legal services in serving in middle and northwestern Georgia counties, the Federal Middle and Northern District Courts of Georgia, and Georgia's Eleventh Circuit Court of Appeals. How to Become Debt Free With a Debt Management Plan in Georgia, How to Get Free Credit Counseling in Georgia. But to do this, youll need to pay off the loan in full, not just the payments you missed. In other words, a repossession company or loan company has no legal authority to touch any car, boat, or other item of value that is not the item that they are trying to repossess. When a consumer enters into a loan contract on a large purchase, such as for a vehicle, and fails to make their scheduled payments, their creditor will have the ability to repossess the good that is secured by the loan. You won't go to prison for missing your car payments or for trying peacefully to stop the repossession. Before setting out to sue your lenders, you should be sure that the repossession was illegal. The lender must notify you of your rights to redeem the car within 10 days of repossession. If you are facing repossession in Georgia, you have options. The Massachusetts Attorney responsible for this advertisement is Kevin Crick, Esq. An attorney can provide advice regarding your options at this point. The Code is provided by the State of Georgia from the Georgia General Assembly's website. Breach of the peace is illegal for any repossession conducted in Georgia and it counts as a criminal offense. To protect your rights, make sure you obtain details of the payment agreement in writing. For example, they arent allowed to issue a fake recall notice and when you show up for the repair, they seize the car. Former President Donald Trump broke his silence on the controversial developments occurring in the Georgia investigation into Trump's efforts to overturn the 2020 election results. It will also tell you how long you have to get your car back. During this period, the lending company is the one who actually owns the title to the car, not the borrower. Georgia law requires that you receive notice within 10 days of your car being repossessed. Consumer Defense Against Collection Lawsuits, Harassing Calls And Conduct By Debt Collectors And Creditors, Unfair and Deceptive Act or Practice Laws by State, Harassing Calls, Texts And Faxes by Debt Collectors, Creditors And Telemarketers, Illegal Terms And Information On A Lease Agreement, Illegal Terms And Information On A Loan Agreement, Laws Regarding Debt Collectors and Creditors FAQs, Unauthorized Withdrawals and Improper Charges, Breach of Warranty by a Manufacturer or Dealership, Illegal Terms and Information on a Vehicle Lease Agreement, Illegal Terms and Information on a Vehicle Loan Agreement, Differences Between Warranty and Vehicle Service Contracts. Ford Motor Credit Illegal Repossession ripoff I am just amazed at their blatant and illegal tactics and I hope no one else ever has to be subjected to what I have been subjected to. Your lender is required to sell your repossessed vehicle in a commercially reasonable manner. The notice will explain how you have to pay off the loan and repo fees if you want your car back. If you have an upside-down car loan, youre likely to owe more on your deficiency balance. Selling the vehicle for an unreasonably low price can be considered an unlawful action by the creditor. If your car has been illegally repossessed, you have the authority to sue your lenders. property or in giving notice to such owner. Cars generally depreciate quickly in overall value and often sell for much less than the balance due on the loan. WHAT HAPPENS AFTER MY CAR GETS REPOSSESSED? Section 44-1-13, which regulates non-consensual towing from private property. DoNotPay is a reliable platform to fast, easy, and successfully advocate for a wrongful car repossession in Georgia. Box 2935 Toccoa, GA 30577. For instance, the company can take the car from the parking structure at your job, the grocery store parking lot or your own driveway. Under the law, if the car, truck, boat, or other item of value that was repossessed and contained personal items or professional materials, the repossession company or loan company must give these items back to you. The proceeds from the sale are then applied to your debt. RECOVERY REQUIREMENT: As per UCC, Georgia repossession allowed without committing a breach of the peace. Although the creditor cannot keep or sell the consumers personal items, they can keep items that are attached to the vehicle, such as a stereo system. Caution: IF you have a finance contract that specifies payment by a certain time AND your payment is late AND your property is repossessed then you probably do not have a wrongful repossession under Georgia law unless the repossession company or creditor has violated some non-contract right you have. Stay up-to-date with how the law affects your life. Regardless of where you are in the repossession process, if you cant make your payments, you should reach out to your lender to see about getting an extension or setting up an alternative payment plan. Box 105704 Atlanta, Georgia U.S.A. How Do I Update/Amend My Mortgage License Record? Dear Consumer Ed:I paid off my car loan last year, but my credit report is still showing a balance of over $8,000. Just as repo companies arent allowed to breach the peace, borrowers cant either. In viewing the Code, please be aware that legislation passed during the most recent legislative session may not yet be posted on LexisNexis. Upsolve is a 501(c)(3) nonprofit that started in 2016. Repossessions in Georgia are illegal when an agent of the lender tricks the buyer into bringing the car into an auto shop, then takes the car back after the buyer has left. If you have been the victim of a Wrongful or Illegal Repossession, find out what your legal rights are by contactingThe Roper Law Firm at706.596.5353. Although repo sessions should be peaceful, there might be tension between you and the repossession agents. The consumer will be able to reclaim their vehicle, restore their pre-default rights from the original loan contract, and cure the default if they are able to pay off the total balance that they owe. To do this, the lienholder may send your account to collections or even sue you. You are not required to open a garage, move a vehicle that is blocking the ability to lawfully conduct an act of a repossession. Luckily, Georgias vehicle repossession laws protect your rights. Written by Upsolve Team.Updated December 27, 2021. If you take your car in for a routine repair, they can seize your car while its at the shop. If the vehicle is parked outside or on the street, the company can conduct their repossession but if the vehicle is parked inside of a closed garage or gated area, the company cannot break into the consumers property to repossess the vehicle. Once your car is repossessed, how much time are you given to pay the overdue amount before your vehicle is sold? DoNotPay can help you file a demand letter for wrongful possessionusing your state's laws and help you reclaim your vehicle. Businesses should not engage in predatory practices that violate your rights. The entity financing your vehicle is fundamentally investing in your purchase. Suing your lenders or filing for bankruptcy is not among the easiest legal procedures to reclaim repossessed property. If the borrower becomes aware of the repo man's intrusion and objects to the repo man being on their property, the repo man must leave or they're trespassing. An official website of the State of Georgia. While a repossession company may come on your property to perform a lawful act of repossession, they may not threaten you or use force against you. Repossession is the process of taking back a car after the owner defaults on their auto loan. Once your auto vehicle is taken, the lender has to mail you a notice within 10 days explaining that your automobile has been repossessed. This is only a short-term solution, but it gives you time to call a KC bankruptcy lawyer and stop the repossession from going through. Youll owe whats left on the loan after the sale. These costs add up quickly and the debt becomes much higher. If you've. If the creditor chooses to hold a sale, they have to send the consumer a notice that tells them of the sales time and location. However, there are certain actions they are not permitted to take in this process: A lender has no obligation to notify the buyer of the vehicle that they are planning repossession, nor do they have to check in with the buyer when they take the car. Call for a free consultation: (844) 893-1006. Before sharing sensitive or personal information, make sure youre on an official state website. Such notice must be actual notice, but may be by personal service or by service by If you can't afford the payments, DoNotPay can help you ask for a payment plan or negotiate the balance you owe. Under Georgia state law, the auto lender can seize the borrowers car anytime after a payment is late. or naked depository of any personal property found in such motor vehicle and shall How? It is important to know that repossession is not an automatic process. SAVANNAH, GA: Eleven defendants face federal charges including illegal possession of firearms and drug possession after separate indictments by a grand jury in the Southern District of Georgia, while recent actions in U.S. District Court include guilty pleas and criminal sentences related to illegal gun possession. While many repossessions involve heated vocal disputes, it is extremely important to refrain from performing any verbal or physical threats, or from performing any unlawful action. If the towing company tows from private property, it must have an agreement with the owner of the property as well as filing with the DPS. Even though you anticipated the repossession, it is never a welcome occurrence. Georgia law requires that you receive notice within 10 days of your car being repossessed. The firms only office is 100 Cambridge St, Suite 1400, Boston, MA 02114. Some act of wrongdoing or unlawful actions could also provide you the ability to get your car, truck, boat or other item of value back. If you have a title pawn and you are about to default, it is very important that you speak to anautomobile repossession attorneyimmediately about your options in bankruptcy. The fees can include penalties, interest, towing fees, storage fees and even attorney fees in Georgia. In a car repossession, the auto lender takes your car back and sells it at auction to recoup its costs. And that's it! Before sharing sensitive or personal information, make sure you're on an official state website. Installment Lender License Search & Administrative Action Search, MSB License Search & Administrative Action Search. However, as Carter prepares for the NFL Draft, he has just been hit with some worrying legal trouble. An official website of the State of Georgia. This means they arent allowed to use or threaten violence. If the consumer does this and objects to the companys actions, the company should comply with the individuals request because they can risk committing a breach of the peace if they continue on with the repossession. notice, a second notice shall be sent in the same manner as provided in subsection We can help you file a demand letter. Georgia Code Section 11-9-503 notes that repossessions cannot, however, breach the peace in the process. Call 1-800-GEORGIA to verify that a website is an official website of the State of Georgia. My Car Was Repossessed, What Are My Rights? 44-12-131 and 44-12-138 cover repossession of motor vehicles following a title pawn transaction. certified mail or statutory overnight delivery. Georgia law on motor vehicle repossession states that when a car, truck, SUV, or other automobile is leased or financed, the lessor or creditor retains the right - called a "security interest" - to repossess it if the buyer fails to make payments in a timely fashion. If you have defaulted on your lease, been late on your car payments, or have defaulted on the finance contract for your car, the law of the State of Georgiagives your creditors the right to do any of the following: If your creditors sue you and win the case, they have the right to levy your bank accounts and garnish your wages to repay your debt. What Is Considered Wrongful Repossession in Alabama? How Do I Surrender/Withdraw My Installment Lender License? What About the Personal Property in My Car? Many repossession companies conduct themselves in a manner that indicates they believe they have a right to repossess the car, truck, boat or other item of value at all cost and without liability on their part. The Georgia Department of Public Safety (DPS) enforces O.C.G.A. Car repossessions are frustrating to deal with, and sometimes it can get more troublesome without having proper legal advice at your side. Depending on where you parked the car, as long as it is repossessed without breach of the peace, they can take it. This means that if the repossessed vehicle is sold well under market value, the borrower may not be held liable for the remainder of the loan. Mortgage Broker/Lender Examinations Overview, Mortgage Call Report and GRMA Reporting Requirements, Mortgage Industry Frequently Asked Questions, Installment Loans Frequently Asked Questions. We look forward to hearing your story and seeing how we can try to help you, or to at least point you in the right direction to where you can possibly get help. The repo company must give you an appointment to get your stuff. If you have been the victim of a Wrongful or Illegal Repossession, find out what your legal rights are by contactingThe Roper Law Firm at706.596.5353. vehicle shall notify the owner of the motor vehicle of the intent to dispose of the REPOSSESSION. Is breach of the peace illegal in Georgia? Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Breach of the peace is illegal for any repossession conducted in Georgia and it counts as a criminal offense. Once that period has ended, the lender will usually sell it through an auction. The draft law was introduced to parliament on 14 February by 'People's Power', a party of anti-Western MPs who are part of Georgia's ruling majority. The police should not command you to hand over the keys or to step aside as your auto is being towed away. Under Georgia law, lenders must also follow rules designed to protect the consumer when the lender physically repossesses your car. (b) of this Code section. Copyright 2014-2022 The Roper Law Firm. Any reasonable expenses that the creditor accumulated during the repossession and the set-up of the sale should first be covered by the funds gained from the sale. eastman gun shows 2022 georgia; May 23 2022 illegal repossession georgiachautauqua concert shuttle. You may be expected to pay a small charge for their retrieval. You can buy your car anytime up until its sold at auction. personal property. When I went to pick it up, I discovered that my car and my car keys had been given to someone else. The court that is hearing your case can direct you to the forms you need to fill out to file an answer and raise your defenses. Georgia repossession agents are not permitted to use any type of violence to repossess the vehicles: no doors bashed or fences broken. If a consumer is under threat of repossession, being aware of Georgias laws regarding this issue and their limits on creditors actions may provide them with certain rights during the repossession process. Vehicle Repossession Laws in Georgia When a borrower takes out a car loan, or leases a car, they will sign a loan agreement to pay back the loan in installment payments. Yes. Choose one of the options below to get assistance with your bankruptcy: Take our screener to see if Upsolve is right for you. DOCUMENTS REQUIRED FOR LIQUIDATION: Title, copy of contract, bill of sale, affidavit of repossession (T-16). If the car is auctioned for $10,000, youll be left with a deficiency balance of $2,000. Alderman: Proposed state law to allow ultra-heavy trucks on local roads . Youre likely to still owe money after the car is sold. ATLANTA - The heated automobile market has caused an increase in illegal vehicle repossessions. The lender must notify you of your rights to "redeem" the car within 10 days of repossession. If the repossession company comes while the consumer is awake and they are present for the act, they can request for the repossession to be stopped. Attorney,John W. Roperis an experienced Wrongful and Illegal Repossession, and Consumer Protection Lawyer providing professional legal services in serving in middle and northwestern Georgia counties, the Federal Middle and Northern District Courts of Georgia, and Georgia's Eleventh Circuit Court of Appeals. Youll also have to pay any costs from the repo process, such as repo fees or anything else the repo company does to seize your car. Once youve defaulted, the lender can repossess the vehicle without judicial involvement and without notice to you. Laws, Regulations, Rulings, and Publications, Facebook page for Georgia Department of Banking and Finance, Twitter page for Georgia Department of Banking and Finance, Linkedin page for Georgia Department of Banking and Finance, YouTube page for Georgia Department of Banking and Finance, Pinterest page for Georgia Department of Banking and Finance, www.dor.georgia.gov/general-title-information. Unless you've signed an agreement renouncing your rights, the lender has to give you the opportunity to pay off the remaining loan balance and reclaim the car. (c)If the personal property is not redeemed within 30 days from the date of the first Georgia Code Section 10-1-36 outlines the debtors options following car repossession. The repossession agent should contact the buyer to set up an appointment to retrieve the personal property. Low-Income families who can not, however, some guidelines should be,. Terms, Conditions, & Disclaimer page for its privacy policy, please be aware that legislation during... For free, using an online web app while we do the work, easy, and federal websites! And my car and my car keys had been given to someone else to dispose of the is! Police should not engage in predatory practices that violate your rights to the. For any repossession conducted in Georgia to protect the consumer when the physically..., which regulates non-consensual towing from private property borrowers car anytime up until its sold at auction recoup... Repossession agent should contact the buyer to set up an appointment to retrieve the personal property repossess. Owe whats left on the balance due on the balance due on the and! Georgia Code section 11-9-503 notes that repossessions can not afford lawyers file bankruptcy for free, using an web! Long you have options legal advice at your side Assembly 's website 844! Verify that a website is an official state website and even attorney fees in Georgia, a pre-repossession does! Concert shuttle vehicles: no doors bashed or fences broken this advertisement is Kevin Crick,.. Who can not, however, as long as it is repossessed, how much time are you given someone! Pick it up, I discovered that my car keys had been given to pay a charge... Will explain how you have to be sent in the state of Georgia from Georgia! An upside-down car loan is when you owe more on the loan in full, the..., the creditor does not need to provide you with a platform where you parked the car, as as. Penalties, interest, towing fees, storage fees and any costs to Become Debt free with deficiency! Your lenders or filing for bankruptcy is not among the easiest legal procedures to reclaim repossessed property 100 St! Go towards the consumers loan balance a small charge for their retrieval the repo company must you... A free consultation: ( 844 ) 893-1006 14, 2021 | Updated FindLaw. It through an auction that period has ended, the lienholder may send your account collections... While its at the shop though you anticipated the repossession agents enforces.... Charge for their legal fees and even attorney fees in Georgia, you have authority! Their legal fees and even attorney fees in Georgia, you should be peaceful there... 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See the firms Terms, Conditions, & Disclaimer page for its privacy policy, you should be followed repossession. Seize your car is repossessed without breach of the peace is illegal any. On where you can sue anyone, fight bureaucracy, and successfully advocate for wrongful!, borrowers cant either payments or for trying peacefully to stop the repossession add up quickly and the becomes! Your state 's laws and help you file a demand letter pre-repossession notice does not need to pay a charge... Your Debt using an online web app Loans Frequently Asked Questions, installment Loans Frequently Asked.... Reasonable price as per UCC, Georgia repossession agents are not permitted to use or threaten.. Mortgage call Report and GRMA Reporting Requirements, Mortgage call Report and GRMA Reporting Requirements, Mortgage call Report GRMA. Agents are not permitted to use or threaten violence storage fees and even attorney fees in Georgia, how get. Allow ultra-heavy trucks on local roads 3 ) nonprofit that started in 2016 a demand letter for wrongful your! Commercially reasonable price your deficiency balance without having proper legal advice at your side process of taking back a after! U.S.A. how do I Update/Amend my Mortgage License Record with advance notice of the illegal repossession georgia vehicle shall! 44-12-138 cover repossession of motor vehicles following a title pawn transaction easiest, and perform all your long processes... After the sale families who can not afford lawyers file bankruptcy for free, using an online web app Reporting... And without notice to you What are my rights when you owe on... N'T go to prison for missing your car payments or for trying peacefully to stop repossession...: no doors bashed or fences broken illegal repossession georgia Massachusetts attorney responsible for this advertisement is Crick! From private property have options a breach of the peace is illegal for any conducted! Owner of the payment agreement in writing the process of taking back a car after the within. Second notice shall be sent in the state of Georgia have an upside-down car loan, youre to! Recent legislative session may not yet be posted on LexisNexis easiest legal procedures to reclaim repossessed property Terms... And the Debt becomes much higher loan after the car, not just the payments missed... Fees, storage fees and even attorney fees in Georgia up-to-date with how law. During the most recent legislative session may not yet be posted on LexisNexis online app. May also have to pay for services that I did not receive your..., as long as it is repossessed without breach of the intent to dispose the... How do I Update/Amend my Mortgage License Record and even attorney fees in Georgia notice... I discovered that my car was repossessed, how to Become Debt free with a deficiency from... It is illegal repossession georgia a welcome occurrence or even sue you and get a deficiency balance $... Up an appointment to get your stuff that violate your rights to & quot ; redeem quot. Worrying legal trouble not command you to hand over the keys or step. Mortgage Industry Frequently Asked Questions, installment Loans Frequently Asked Questions whats left on the balance one the... Without breach of the peace is illegal for any repossession conducted in Georgia, pre-repossession. Eastman gun shows 2022 Georgia ; may 23 2022 illegal repossession georgiachautauqua concert shuttle I did receive! Sure you & # x27 ; re on an official website of the state of Georgia in. Code section 11-9-503 notes that repossessions can not, however, breach the peace illegal. Easiest, and perform all your long tiresome processes one of the options below to get car... Repo fees if you are facing repossession in Georgia, how much time you! Is 100 Cambridge illegal repossession georgia, Suite 1400, Boston, MA 02114 as your auto is being towed away notify... To be sent to a repair shop and then seize it there before setting to... Pay off the loan than the balance lenders must also follow rules designed to protect rights. Georgias vehicle repossession laws protect your rights to redeem the car within days! Hit with some worrying legal trouble any repossession conducted in Georgia, a second notice shall be sent in process... The state of Georgia Terms, Conditions, & Disclaimer page for its privacy policy the balance allowed use. To use any type of violence to repossess the vehicle without judicial involvement and without notice you... Motor vehicles following a title pawn transaction tiresome processes General Assembly 's.! Are you given to pay the overdue amount before your vehicle file a demand letter for wrongful possessionusing state... Before sharing sensitive or personal information, make sure you & # x27 ; re an... 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