Hi BP,
Does anyone have any suggestions or solutions to the following scenario?
You close a deal sub2, the lender is a small family owned business and they decide to execute their due on sale clause upon discovery ownership of the property has transferred.
Given the situation, is there any other alternatives that can be used other than a POA to allow you to negotiate remedies with the bank?
For example, let's say after speaking with the bank they agree that if the property is deeded back to the seller and put on a lease option or executory / land contract they will not call the loan due. Is there a way to do all of this without having to get the seller again involved with the transaction they wanted to walk away from in the first place? Even worse, if the seller becomes at any point unreachable?
It seems like POA is ideal here but then the argument some may make of not acting in the sellers best interest it could lead to an issue when technically becoming the sellers "Agent" with a POA.
Even if a durable POA may state "The Agent may perform the actions listed above even if such actions result in a direct or
indirect benefit to Agent." I am not sure if that would be enough to be completely held harmless.
Would love to see some opinions and thoughts on this.