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Financial Disputes

Most financial disputes concerning real estate revolve around mortgages and liens. A mortgage is a legal agreement by which a bank or other creditor lends money at interest in exchange for taking a lien on the debtor’s property, with the condition that the mortgage is cancelled upon the loan being paid off by the debtor.  Mortgages are taken by banks, lenders or creditors, on all types of Michigan properties: rural, residential, commercial and industrial.

Mortgages are secured by a promissory note requiring the debtor to make timely payments to the lender.  Failing to pay timely or to comply with other mortgage provisions such as maintaining insurance or paying property taxes will allow a lender to place a mortgage in default.  The most powerful remedey that a lender has as a remedy to obtain it’s monies back from the debtor is to declare a default and foreclosure on the mortgage.  Michigan foreclosures are either done judicially or by advertisement.

Common problems that create mortgages disputes are:
  • The mortgage loan is sold and the new lender may not properly abide by the terms of the original mortgage;
  • Tax or insurance escrows are miscalculated by the lender, increasing the debtor’s payment unexpectedly, thereby creating a debtor’s financial distress.
  • A change in the debtor’s financial circumstances occurs and the lender refuses to work with the debtor to modify or temporarily adjust payments.


David Soble and his team have decades of experience successfully dealing with lenders and creditors and successfully resolving financial issues. Decide for yourself by giving us a call today at  888.789.1715. 

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Financial Disputes

Frequently Asked Questions

Top Questions Regarding Financial Disputes

Money can get in the way of sanity and relationships. Don’t let it. Call us to be a meditator, or to help you resolve a financial disputes that need the knowledge and space to do so. 

What do I do when I don't have the paperwork to dispute an business agreement between my sister and I?

While it is best to have written agreements between parties, not all agreements need to be in writing.  Lawyers can look to other documents such as emails, texts, letters, or even another party’s performance to establish a legally binding contract. 

If I guaranteed a loan for my husband's business, can the bank go after me before they sue the business?

That will depend upon the loan documentation and the provisions that were negotiated at the onset of the agreement.  How you will be treated will depend upon  the default provisions of your loan contract.  

Is it possible to negotiate a settlement even after a creditor has started a lawsuit against me?

Yes, it is always a good possibility to resolve a claim even during litigation.   It is best to reach out to an attorney to set the parameters of the settlement and orchestrate the terms of a mutual release.


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A Word About Legal and Financial Disputes

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David, I anguished for months over my problem. Had I not called you, I don't think I would have gotten it resolved. In less than 2 weeks you negotiated a fair settlement for my business. I'm so happy and my employees are happy. Thank you!

Rhoda St. Luce

Southfield, MI

"Attorney David Soble lives up to his firm's namesake, "Proven Resource." I appreciate knowing that when my clients need a diligent and responsive real estate or contracts attorney, I can easily make the referral to David, David is well worth having on your side."

Dino Lembesis

Financial Adviser, Brighton, MI

"David is a highly reliable resource for real estate and lending cases. As a real estate lawyer and successful investor, he not only "talks the talk," but also "walks the walk," providing his clients unparalleled insight on how the law directly affects their daily business success. When "the situation is critical" call David."

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Environmental Attorney, OH

"David Soble is an unmatched resource for all things related to real estate finance and law. He's dealt with nearly every type of transaction, loan, property, lender, seller, and buyer. He's seen it all and knows the intricacies of creating a successful resolution for his clients. If you need creative and determined counsel, I highly recommend David."

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Business Mgt. Consultant

"As a busy small business operator, I can tell you that David's legal efficiency and his sensitivity to our financial resources is very much appreciated. His real estate advice is spot on and I know that when working with him that I am getting a great return on my investment. When in doubt, call David. He's worth every penny!"

Andy Perlin

HVAC Owner / Operator

"If you have a legal problem with your bank loan or mortgage, you can't go wrong by calling David Soble. His legal experience in the real estate and lending community is exceptional. I have had only positive experiences. His approach to client service is an added bonus."

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Mortgage Banker

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