Nope, if the neighbor helped build it he will likely have knowledge and will probably claim that it was with his consent, and consent may be withdrawn in the future so no adverse stuff here.You could sell subject to the encroachment, but a lender won't lend until the matter is released, he doesn't have to sell, but give an easement to run with title, at least a bit longer than the term of the loan sought.

Wayne, a properly executed sub-2 has to ben done with a subordinate security interest in the property allowing the seller to foreclose on the equities as well as the underlying mortgage they financed to the buyer, the seller wraps the underlying mortgage, they are relieved of the obligation by the contract, the loan is not assumed as that requires the lender's consent.

The tenants are getting a bit restless - with numerous visits from inspection, appraisal, survey, plus however many visits from potential buyers prior to all this.What surprises me is the estoppel letter actually sounds like the lender is injecting itself into the lease by adding these terms to the letter the tenants are required to sign.I will not agree to any modifications of the Lease nor make any prepayments of rent without the prior written consent of LENDER.In the event I receive a notice from you stating that all future rents should be paid to you, I will comply with such notice without setoff as to any claims I make then (or in the future) against the Landlord (or any of its successors).I recognize that you are relying on this Certificate in making a loan to my Landlord (or its Successor).I hereby agree that the Lease be subordinated to any Mortgage from Landlord in favor of LENDER and all additional and or future advances, thereunder, and to any and all extensions, renewals and modifications thereof, and said LENDER shall be and is hereby agreed to be made prior, paramount and superior to any of my right, title, or interest as tenant under the Lease and I hereby agree to subordinate any and all of my rights under the Lease to LENDER.Is this usual and customary? 

And, if you enter into any financing arrangement like a sub-2 or CFD, you can sell, but you can't have a new buyer just assume an installment contract as the borrower without consent of the seller as these are unilateral contracts, by law, requiring consent.

yes conventional financing cannot go into your LLC only personal name or revocable living trusts.Now if your loan is a portfolio loan from a local community bank or credit union that portfolio's their loans then it might be able to be funded in the name of your entity.Usually you can close on your loan and transfer it into the LLC post closing, check with your lender/bank.

A tenant who stays on with the landlord's consent after a lease ends becomes a month-to-month tenant, subject to the rental terms that were in the lease.Really, people use the terms interchangeably most of the time. 

You will want to have an LLC in place before closing to avoid transfer taxes, and your Lender (or any smart lender) won't allow you to transfer title from you (individually) to an LLC without their consent. 

In many jurisdictions it is a violation of privacy law (and, as a minimum would require the consent of the tenant).  

That requires that consent must be given by the non-performing actor, the seller must agree to allowing another to take the place of the buyer.

Doesn't mean direct management of the manager, you do need to keep your distance and not become "active" in the management, but to set policy and stay on top of the books.Speaking of your due diligence, Jarrod makes an excellent point concerning additional contributions by members that can dilute your interest, this should be addressed in the OpA and may be limited requiring consent of other members, or to equal contributions.