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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

In re:

 Rafael Gonzalez 

 Nitza M Gonzalez 

Debtor(s).

Chapter 13

Case No. 20-11487

NOTICE OF SECOND HOME LOAN PAYMENT POSTPONEMENT

Please take notice that on August 13, 2020 upon request of the Debtor(s), or if 

applicable Co-Debtor(s), BANK OF AMERICA, N.A. agreed to postpone the monthly payment 

amount for the home loan ending in 0010 secured by property at 10399 N W 128 TERRACE

HIALEAH GARDENS FL 33018 (the “Home Loan”) for an additional three (3) months (the 

“Second Postponement Period”). The Second Postponement Period starts with August 1, 2020

and will continue until October 31, 2020. The postponed payment amounts may be added to the 

end of the term of the Home Loan and are not being waived or forgiven. Additionally, interest 

will, to the extent permitted by law (including any confirmed bankruptcy plan), continue to 

accrue during this time period. At the end of the Second Postponement Period, the regular 

payment schedule provided for under the Home Loan (or if applicable the Debtor(s) confirmed 

bankruptcy plan) will resume without further notice, and the Second Postponement Period will 

terminate. Should the Debtor(s), or if applicable Co-Debtor(s), wish to do so, Debtor(s), or if 

applicable Co-Debtor(s), may, prior to expiration of the Second Postponement Period, request to 

be evaluated for available options, including long-term assistance options, by contacting Bank of 

America, N.A. at: 1-800-669-6650. Further, BANK OF AMERICA, N.A. may contact 

Debtor(s), or if applicable Co-Debtor(s), after expiration of the Second Postponement Period to 

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ensure that any potential request to be evaluated for available options, including long-term 

assistance options, is considered. 

To the extent a payment is made on the Home Loan during the Second 

Postponement Period, the funds will be applied to the Home Loan according to the terms of the 

Home Loan contract, but will not extend the Second Postponement Period, and the acceptance of 

such funds by BANK OF AMERICA, N.A. should not be construed as a waiver of BANK OF 

AMERICA, N.A.’s rights under the Home Loan, applicable bankruptcy law, or applicable nonbankruptcy law. BANK OF AMERICA, N.A. expects that, to the extent necessary, the Debtor(s) 

will also promptly take any required actions with the Court to effectuate the terms of the 

payment postponement described in this Notice.

Please take further notice that if the Debtor(s), or if applicable Co-Debtor(s), pays 

property taxes and insurance on their own under the terms of the Home Loan, the Debtor(s), or if 

applicable Co-Debtor(s), should continue to pay those obligations when they come due or as 

otherwise required by any applicable bankruptcy plan. If the amounts are not paid, BANK OF 

AMERICA, N.A. may, in order to insure that its collateral is adequately protected, and subject to 

any applicable bankruptcy plan, pay those obligations on the Debtor(s)’, or if applicable CoDebtor(s)’, behalf and establish an escrow account for payments going forward. If this occurs, 

BANK OF AMERICA, N.A. will notify the Debtor(s), or if applicable Co-Debtor(s), of the 

change and file a payment change notice with this Court as required.

If the Debtor(s), or if applicable Co-Debtor(s), pays property taxes and insurance 

obligations through an escrow account established under the terms of the Home Loan, BANK 

OF AMERICA, N.A. will continue to pay those obligations when they come due during the 

Second Postponement Period. Any shortage that may occur as a result of the payment 

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postponement will be captured in the next annual analysis. Debtor(s), or if applicable CoDebtor(s), may continue to make deposits to the escrow account during the Second 

Postponement Period to prevent a subsequent escrow shortage, but the Debtor(s), or if applicable 

Co-Debtor(s), is not obligated to do so.

Finally, please note that during the Second Postponement Period the Debtor(s), or 

if applicable Co-Debtor(s), monthly Home Loan statements may reflect the payment amounts 

postponed as past due balances. To the extent that occurs, the Debtor(s), or if applicable CoDebtor(s), should disregard that portion of the Home Loan statement. 

Nothing under this Notice should be construed as a waiver of BANK OF 

AMERICA, N.A.’s rights under the Home Loan, applicable bankruptcy law, or applicable 

non-bankruptcy law.

/s/ Elliott Myers Date: August 24, 2020 

Elliott Myers 

Assistant Vice President 

Bank of America, N.A.

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