@John Van Uytven
@Sean Walker
Hi Sean, I don't have any advice in particular but here are some thoughts:
1. The bank might not want to put in writing that they are waiving their right to acceleration (due on sale) b/c of regulatory issues. Maybe calling and asking for a verbal confirmation might be something they're willing to do.
2. Could your wife fly to Guam / US to get the document notarized?
3. As far as the acceleration clause: If you signaled your intent to the lender via a phone call that you were going to place title into an LLC that you and your brother owned (or a trust in your brother's name that named both he and you as trustees via a quit claim deed) and the lender went forward, even without agreeing not to call the note due, my guess is that the lender would not try and stop that from happening. It would be a headache for them and they might be inviting a legal battle which they'd want to avoid too. I don't have experience doing this - it's just something I've heard other investors talk about when trying to use conventional financing to buy a property but also wanting to involve partners in the transaction.
Although it's been a huge pain in the *** up til now, I think there's a lot to gain from this experience if you're able to close it!
