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David Soble

David Soble

Having a relationship with an effective real estate & contract attorney matt
  • Real Estate Law, Business Law, Landlord Tenant...
  • Michigan, Ohio
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Summary

As a former "big Bank" real estate and contracts attorney, I love to demystify complicated real estate and financial legal concepts and problems for people who are frustrated, "spinning their wheels" with incompetent or dismissive real estate or banking "professionals."

I hate when someone finds themselves at a legal disadvantage - they're "stuck" when they unknowingly relying on outdated or impractical information and forms off of the "internet." People often get in trouble when they base their legal decisions off of "outside chatter." They rely on the opinion of someone they hardly know, (or worse, friends or family members) who is NOT a licensed and experienced real estate or finance attorney, and frankly, has no "skin in the game."

For the above reasons, I actively write, publish and create books, articles, podcasts, slide presentations and newsletters -all designed to simplify complicated legal concepts related to real estate and finance. These resources are user -friendly and practical so that someone with a legal concern can understand how to reduce their legal liability and financial exposure in the real estate and debt arenas.

Specialties:

>Real Estate Law - Commercial, Residential, Purchase Agreements, Closings, Land Contracts, Escrow and Title Issues, Deeds, Mortgages, Fiduciary Issues, Mortgages, Compliance Matters, Mortgage Foreclosures, Landlord & Tenant, Quiet Title Actions,

>Business Matters - Debt Resolution, Contract Preparation and Review, Agreement Disputes, Leases, Banking Matters. Commercial Law, Creditor Issues, Leases.

>Lending Issues - Loan Documentation, Compliance, Modifications, Residential, Commercial, Factoring, Equipment, Franchise. Banking Law, Bank Workouts, Business Law Commercial Law, Debtor & Creditor.

>Default Loan Servicing Issues - Collection, Foreclosure, Receiverships, Creditor / Debtor Rights, Negotiations.

Find out why over 75% of my clients are referred. www.ProvenResource.com

Practice Areas
  • Real Estate Law
  • Business Law
  • Landlord Tenant
  • Foreclosure Defense
Additional Practice Areas
  • Debt Resolution
  • Loan Issues
Fees
  • Free Consultation
  • Credit Cards Accepted
    We provide installment payment plans for those clients who qualify.
  • Rates, Retainers and Additional Information
    Affordable flat fee arrangements available.
Jurisdictions Admitted to Practice
Michigan
Ohio
Languages
  • Chaldean Neo-Aramaic: Spoken
Education
The Ohio State University Michael E. Moritz College of Law
J.D. (1990)
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Awards
AV Rated Preeminent
Martindale Hubbell
Martindale Hubbell AV Rated Preeminent
Client Service Award, 2016
Avvo
Client Service Award - 2015
Avvo
Professional Associations
Michigan State Bar # 49662
Member
Current
Speaking Engagements
National Real Estate Investors Association, Macomb Township
Expert Real Estate Panel
National Real Estate Investors Association - Macomb, Real Estate Experts Panel, Macomb Community College
NREAI
Legal expert for real estate investors
Legal Answers
33 Questions Answered

Q. A water mitigation company put a lien on my house, the RBL used on the lien was not active at the time of the work
A: "RBL" as in a loan? Reverse based lending? Please clarify so that I can address your concern.
Q. My parents signed a contract to purchase a home, now our realtor has disappeared a week before the closing?
A: Sorry to learn of your circumstances. Your narrative requires you to sit with a real estate attorney and review the documentation. Unfortunately, there are unscrupulous sales agents but hopefully there is a better explanation. It is very unusual that a salesperson fails to remain engaged as they are motivated to earn commission on the transaction. If you suspect there are reasons for the transaction not moving forward, an agent must have your permission to cancel instead of moving forward without you. To investigate further and to ensure that you are represented properly, contact an attorney. I would also suggest reading this article: https://www.provenresource.com/potentialconflicts
Q. We bought a house that was listed with full bathroom hookups in basement. Turns out it doesn't have it. What do I do?
A: How you proceed and what you can about these items of concern is entirely dependent upon the provisions of the purchase agreement, the seller's disclosure pursuant to Michigan law, and the inspection report (if any). That is where you will need to start. Get with a competent real estate attorney to preserve your rights. I have also included a link to an article dealing with the Michigan Seller's Disclosure Act for your review. See: http://bit.ly/PRblogbasement
Q. the well in the house i am renting has went dry and i am wanting to know what my rights are
A: I agree with Mr. Zichi, however, considering the current weather, if your landlord will not make appropriate accommodations for water or if he refuses to even acknowledge the problem, then the LL has breached the lease by breaching the Warranty of Habitability. At the very least, deposit your rent into the bank escrow account.
Q. My parents own 2 houses in MI. Would a lady bird deed on each house protect us from having to sell one
A: Ladybird deeds can be an effective estate planning tool. They essentially create a lifetime power of appointment and with certain exceptions, allows beneficiary to receive property upon the death of the owner. However the answer to your question involves more than the deed itself, such as title / lien issues. Since home (s) have substantial value, it is best to sit with a real estate attorney to review the documents, investigate and discuss your intentions further.
Q. In MI. Does the party that loses the house in the divorce, but is still on the loan and title, have to sign if refi done
A: Generally when it comes to a divorce and real estate, the terms of the divorce decree (as agreed to by the parties and signed by the judge) prevail. Usually the divorce decree will state how the real estate is to be split between the parties. The provisions will often set a time for the property to be sold or refinanced. Often where there is equity in a property and in the event of a refinance, one party will receive an agreed upon figure from the refinance proceeds in exchange for them signing off on a deed that allows the other party to refinance the home in their own name. DO NOT proceed with a mortgage loan application to refinance until you confirm the status of the divorce decree with your ex spouse and your mortgage bank / underwriter. Also, it is best to have an ex spouse deposit an already endorsed deed into escrow with the title company that will be closing the loan. Good luck!
Q. My house is in disrepair and I can't pay for repairs. Since I retired I am finding it more difficult to pay the mortgage
A: Where is the home located? Why don't you give my office a call to speak further. 248.509.0050
Q. I need to get out of my house. What can I do? Please help.
A: Sorry to learn of your circumstances. Your narrative indicates that you need a "short sale." A "short sale" is when you request that your lending institution takes less of a payoff than what is owned on the home mortgage. You have to sell the property in accordance with the lender's requirements, meaning there needs to be an appraisal, inspection, provide financial disclosures, and agreements between you and the lender as to the allocation of the unpaid balance. Contact a real estate attorney for more information. Do not deal with your lender without professional legal guidance.
Q. I own a rental property under a personal mortgage which prevent me from getting another mortgage for a personal property
A: I have been an attorney actively engaged in the lending business for over 25 years. Your question is very brief, but based on what I think you are asking, the conventional lending guidelines allow you to have up to 4 rental properties if you are taking a mortgage in the secondary market. Notwithstanding this information, it is always best to hold investment property in a corporation. I regularly create these entities for real estate investors. Check out more by visiting www.provenresource.com
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Contact & Map
31800 Northwestern Hwy
Suite 350
Farmington, MI 48334
USA
Toll-Free: (888) 789-1715