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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

In re:

Rita Y Suarez,

Debtor(s).

Chapter 7

Case No. 20-16530

NOTICE OF FIRST HOME LOAN PAYMENT POSTPONEMENT

Please take notice that on September 7, 2021, 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 2534 secured by property at 12444 SW 119th PL

Miami, FL 33186-5178 (the “Home Loan”) for three (3) months (the “First Postponement 

Period”). The First Postponement Period starts with September 1, 2021 and will continue until 

November 30, 2021. 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 First 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 First Postponement Period will terminate absent: (1) the 

Debtor(s), or if applicable Co-Debtor(s), submission of a second payment postponement request 

through (i) bankofamerica.com/coronavirus, (ii) Bank of America’s virtual assistant, Erica®, or 

(iii) Bank of America’s mobile banking app; and (2) Bank of America, N. A.’s subsequent 

agreement to the second payment postponement request. 

If a second payment postponement request is not submitted, Bank of America, 

N.A. will reach out to Debtor(s), or if applicable Co-Debtor(s), at the end of the First 

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Postponement Period, to work out repayment options based on the Debtor(s)’, or if applicable 

Co-Debtor(s)’, circumstances, including the potential option to add the postponed payments to 

the end of Debtor(s) loan. Bank of America, N.A. will also work on this repayment plan, as 

required, with the third party that currently owns or insures the Debtor(s)’ loan. 

Alternatively, if a second payment postponement request is submitted by 

Debtor(s), or if applicable Co-Debtor(s), and agreed to by Bank of America, N. A., it is 

anticipated that Debtor(s), or if applicable Co-Debtor(s), will be advised as how a request to be 

evaluated for available options, including long-term assistance options, can be made at 

termination of the second payment postponement period.

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

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 First 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 non-bankruptcy 

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, 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 CoCase 20-16530-AJC Doc 59 Filed 09/09/21 Page 2 of 4
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Debtor(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 First 

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

be captured in the next annual analysis. Debtor(s), or if applicable Co-Debtor(s), may continue 

to make deposits to the escrow account during the First 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 First 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/Katie I. Wolff______ Date: September 9, 2021

Katie I. Wolff 

Assistant Vice President

Bank of America, N.A.

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PROOF OF SERVICE OF DOCUMENT 

I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is: 

16001 N. Dallas Pkwy

Addison, TX 75001

A true and correct copy of the foregoing document entitled (specify): Notice of Forbearance

Rita Y Suarez Case No: 20-16530

Chapter: 7

will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in 

the manner stated below: 

1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General

Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date)

_______ , I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that

the following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated

below:

D Service information continued on attached page 

2. SERVED BY UNITED STATES MAIL:

On September 9, 2021 , I served the following persons and/or entities at the last known addresses in this bankruptcy 

case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail, 

first class, postage prepaid, and addressed as follows. Listing the judge here constitutes a declaration that mailing to the 

judge will be completed no later than 24 hours after the document is filed. 

Debtor's Attorney: 

Ray Garcia

14850 SW 26th St Ste 204

Miami, FL 33185-5931

Trustee: 

Maria Yip

2 S Biscayne Blvd Ste 2690

Miami, FL 33131-1815

D Service information continued on attached page 

3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state method

for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on (date) _______ , I served

the following persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to

such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration

that personal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the document is

filed.

D Service information continued on attached page 

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. 

September 9, 2021 /s/Katie I. Wolff

Date 

Katie I. Wolff

Printed Name Signature 

Debtor (s): 

Rita Y Suarez

12444 SW 119th Pl

Miami, FL 33186-5178

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