Catherine Coy, looks like this particular lender does require the CPA letter - and they won't budge even though I had a letter drafted by another CPA who audited my returns.

If there is an audit I am guessing if they can make some sort of plausible argument that there is non depreciable land included with your title they will do so. 

It is possible that  the investor's intent can change,  but if the investor gets audited they will have to demonstrate that they did in fact have the intent  to hold both properties for rental, investment or business use. 

Ask their audited financial statement.

When you do something like that close to the sale (within the same year or so) The IRS may look at it as an attempt to take out profit ahead of the 1031 (of course if audited and examined). 

They can have clients who need to dispose of notes and trustees need to get rid of them usually due to accounting and audit requirements of assets in the trust.I was not that successful compared to the above suggestions by running a small newspaper ad, but it did pull in a few.

However, in an audit, that price will go up.

I read the accusation and it basically found them to be in violation based on audit findings of $35,000 of funds in trust unaccounted for.

Not the answer you wanted, but something to consider now that you own commercial real estate and are in the IRS targeting zone for auditing. 

They do occasionally audit their accts, from what I hear.