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David Soble

David Soble

"We'll tell you what other's won't."
  • 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I hate when someone finds themselves at a legal disadvantage - they're "stuck" when they unknowingly relying on outdated or impractical information and forms off of the "internet."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 - 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
  • Contract Disputes
  • 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
REAL ESTATE REALITIES - On WWW.NEWRADIOMEDIA, SATURDAYS at 10 a.m., NEW RADIO MEDIA
RADIO SHOW ON NEW RADIO MEDIA https://www.provenresource.com/radiocast
REAL ESTATE REALITIES, SATURDAYS at 10 a.m., NEW RADIO MEDIA
RADIO SHOW ON NEW RADIO MEDIA https://www.provenresource.com/radiocast
Talking Biz - New Radio Media, Farmington Hills, Michigan
TV 33
Guest attorney on New Radio Media - "Talking Biz". Host Paul Bensman
Law Power Hour, Detroit, Michigan
TV 33
Guest appearance on LAW POWER HOUR / TV 33, with Host Barry Keller
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
87 Questions Answered

Q. My father has dementia and I co own a property in Florida with him. I and he are listed on the title and he has a Will
A: Unless you are speaking of having title by and through a Ladybird deed, , then you own a portion of this property. As for the provisions of the will, they would apply after death - someone with a POA cannot change the terms of a will. In most cases a POA cannot remove your name from title either. You should consult with a real estate attorney to have them review the documents that you speak of. www.provenresource.com
Q. We had an offer put on our house. I felt pressured to accept the offer but my wife did not sign it. Both of us are on
A: Contractually no. However, if throughout the purchase transaction, your wife performed or acted in a manner that leads one to believe that she assented to the agreement, then the purchaser may have an equitable claim against you, nonetheless. For example, your wife sends an email to the real estate agent giving permission or makes a statements to agent that "now she wants to look into a new house," Other examples could be that she scheduled a time to let the purchaser's home inspector in, or calls a moving company to come quote your move. These are but examples. Seek a competent real estate attorney's counsel. www.provenresource.com
Q. On a LTO after term. and it comes time to purchase the house do i need to come up with 20% down payment.
A: Since I do not have a copy of the provisions of your lease, I cannot comment on what amount you would owe at the "time of purchase." However, be very careful with lease to own contracts. They have many pitfalls and are subject to even more legal scrutiny when it comes to residential lease transactions.
Q. I have a Lady Bird deed on my condo both my childrens names are on it, My son wants my daughter to be the sole air.
A: The power of a properly drafted lady bird deed is that you maintain 100% control over the property until the time of your death. To cancel your initial intentions, you could either revoke the earlier deed, or have your son quit claim his interest off the current deed to your daughter. Conveying property interests or preparing estate planning tools without the assistance of a qualified attorney has consequences.
Q. We recieved an acceptance on an offer to a house that still has well and septic. On the acceptance page the seller is re
A: That means the seller is transferring the risk that if there are any assessments for water prior to your closing on the sale, that you will bear the costs of said assessments. It doesn't seem appropriate to have a water bill when you have a well and septic system and so check with your municipality on any pending assessments.
Q. We are purchasing from out of state. The sellers don’t want to give us keys until they have $ in hand.
A: The answer is dependent upon the provisions in the purchase agreement. Typically keys and monies are exchanged at the same time, however, you can agree to have an escrow agent disburse the monies once the keys have been obtained by them. If this has not been the case, then you may have a 'holdover" seller, in which case, if they do not leave timely, then you may have to actually evict them. Consult further with a competent real estate attorney.
Q. House in my name and mothers after dementia brother got house whose house is it
A: Well that depends if your mother had deeded the property over to your brother before she had dementia. If there are no documents that speak to a conveyance, (deed or lease) then you need to seek counsel of a real estate attorney.
Q. Ad for property said 426x215 but would be redrawn to 500x250. After PA, lines are surveyed at 395x220. What now?
A: So the legal description / lot size was misrepresented in the home listing. Unless you made the listing document itself as part of the purchase agreement, it cannot be relied upon and the seller is not liable to you for the stated lot size. You did your due diligence by having the property surveyed. There should be a contingency period in which you can either move forward or cancel the transaction. You should also have your earnest money returned or if you determine if the price is appropriate for the lot size, you have the option to move forward.
Q. Can I define a rental properties' boundary with fence posts, if we want the yard smaller than actual whole property?
A: Sounds as if you should have defined the useable outside living space in the lease. Generally speaking, when you leased the address it is assumed that the entire address and corresponding legal description is part of the leasehold. A real estate attorney would need to review your lease to be more specific.
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31800 Northwestern Hwy
Suite 350
Farmington Hills, MI 48334
USA
Toll-Free: (888) 789-1715