The EB-5 visa has started to come under the surveillance of the SEC in the last year because they have deemed it as a way of selling securities along with selling visa.So besides a good immigration attorney, I would strongly strongly recommend a good attorney to ensure that you comply to SEC regulations and Exemption S for foreign investors if necessary.

It sounds like this property was also going to be a buy and hold, but now you are questioning that intent.The Treasury Regulations require that you have the "intent to hold" for rental, investment or use in a business.

In my experience all lenders/government lien holders refuse to speak with anyone other than the owner or a POA holder as they have alot of privacy laws that regulate what they can and cannot discuss.

If they could get a loan commitment you might have luck finding an attorney, seeing a commitment might ease their concerns and they can originate under certain conditions, they may be able to justify the client relationship, do a simple estate plan and incorporate the property into the plan.Are you sure your deal is applicable to the regulation?

However, you role is to introduce principals (owner and investor/buyer).You get paid by the buyer who values your "bird dogging" and you get to observe, to some extent, how the investor works.The obvious advantage to this arrangement is that if you are newer to real estate and are unfamiliar with documentation, escrow and title, you don't have to negotiate the fine details of the deal, merely find the essential pieces.Deal finders can realistically expect to make 5-10% of the profit of a given deal.Caveat: your state may consider this to be an activity requiring a license, however even in my over-regulated state, CA ,this is an accepted practice.This makes more sense to me than getting bogged down in negotiations, what to offer, terms, documenting, funding and closing the deal.

The regulators are federal, not just state.

You may could have a provision that allows you to call the loan due immediately if you get foreclosed due to a due on sale, but that may violate some regulations and be unenforceable.By the way, what agent?

You can't make claims about fixing or keeping good credit without crossing over into regulated territory.

However, you do want a business friendly state and one that does not have onerous government regulations.

Larger lender insurance companies and other private loans take a longer term fixed rate view on money and do not have regulators breathing down their necks.