To get a pre-foreclosure list, pull Notice of Default or lis pendens filings from the county recorder, read the legal notices section of an adjudicated local newspaper, or subscribe to an online data aggregator that compiles those filings across counties. Each source draws from the same public records; they differ in cost, freshness, and how much work you do yourself. Every property on any of these lists sits in a narrow window where the loan is more than 120 days delinquent, a foreclosure filing has been recorded, and the homeowner still holds the deed.1Consumer Financial Protection Bureau. 12 CFR 1024.41 Loss Mitigation Procedures
What Filing You’re Actually Looking For
The document that signals pre-foreclosure depends on whether the state uses a judicial or non-judicial process. Every state allows judicial foreclosure, where the lender sues and a judge oversees the case; the recorded document to search for is a lis pendens, which puts the public on notice that the title is in litigation. A smaller group of states also permit non-judicial foreclosure, which follows the procedure written into the mortgage or deed of trust. In those states, the lender or its trustee records a Notice of Default (NOD) with the county, naming the borrower, identifying the property, stating the amount owed, and announcing the intent to proceed toward sale.
Both filings hit the public record and both open the pre-foreclosure window. That window closes when the property sells at auction, the lender takes the deed in lieu of foreclosure, or the homeowner cures the default. Knowing which filing your target county produces tells you exactly what document type to filter for at the source.
Pulling the List From the County Recorder
The county recorder, sometimes called the county clerk or register of deeds, is where the filings physically live. Everything else downstream is a copy of what’s here. Walk into the office and you’ll find public-access terminals where you can search by owner name, Assessor’s Parcel Number, or document type. Searching is free, and most offices let you view document images on screen at no cost.
Fees start when you want copies. Certified copies typically run a few dollars per page, with exact amounts varying by jurisdiction. Uncertified copies and electronic downloads are often cheaper. If you want volume, ask whether the office sells data extracts or has bulk pricing. Payment is usually credit card or cash at the counter, and some smaller offices are cash only.
Online County Portals
Many recorders now host searchable databases on their websites. You pick a document type, enter a name or parcel number, and browse results. Some portals display full document images for free; others show only the index entry and charge per document to view or download the actual filing. A few require you to create an account and fund a prepaid balance first.
Coverage is uneven. Not every county has digitized, and those that have may only include filings from the last 10 or 20 years. Rural counties lag. If the portal comes up empty for a property you know is in default, a phone call to the recorder’s office will confirm whether the filing exists in paper records or simply hasn’t been indexed yet.
Newspaper Legal Notices
Many states require the lender to publish a Notice of Sale in a newspaper before the auction can happen. Publication typically runs for several consecutive weeks in a paper authorized to carry legal notices in the property’s county. These authorized papers, sometimes called adjudicated newspapers, are usually listed on the local court’s website or available from the clerk of court.
The notices sit toward the back of the paper under headings like “Public Notices” or “Legal Advertisements.” Each one identifies the property by legal description, names the borrower and lender, states the default amount, and gives the scheduled sale date. Most adjudicated papers post the same notices online, sometimes free and sometimes behind a paywall.
For list-building, newspaper notices are useful but narrow. They capture properties that have already moved past early pre-foreclosure and are approaching auction. If you want properties still in the negotiation window, the recorder’s NOD and lis pendens filings from months earlier are the better source. Newspaper notices do tend to carry more current sale dates than aggregated databases, which can lag by weeks.
Online Aggregators and Data Services
Third-party platforms pull NOD and lis pendens filings from hundreds of counties and put them behind a single search. You set your geography, filter for pre-foreclosure status, and get a list with property details, estimated equity, default amount, and sometimes the lender’s name. Pricing is generally a monthly subscription, varying with data depth and coverage.
The convenience is real. So is the latency. These services depend on counties to release data, and update schedules are all over the map. Some counties push new recordings weekly, others take much longer. A property can cure its default or go to auction before the aggregator catches up, so any list you pull is a snapshot with an unknown expiration date.
Skip Tracing Add-Ons
Many platforms offer skip tracing to locate phone numbers, email addresses, and mailing addresses for owners who’ve already moved out of the defaulting property. Per-record pricing generally runs from a few cents to several dollars, and some subscriptions bundle unlimited lookups. Accuracy varies, so treat the contact information as a starting point rather than verified data.
Search Identifiers That Speed Things Up
Whichever source you use, the Assessor’s Parcel Number is the most reliable search key. Every parcel has one, it’s assigned for tax purposes, and unlike a name it doesn’t change with misspellings, marriages, or transfers. If you have the address, the county assessor’s site will convert it to an APN in seconds.
Owner name works too, but expect inconsistencies: “Robert” recorded as “Bob,” transposed middle initials, hyphenated last names entered without the hyphen. Property addresses are the easiest way to screen a neighborhood or zip code rather than chase a specific parcel. Most search systems let you filter by document type and recording date, so you can isolate just the NODs or lis pendens filings from the past 30 or 60 days without wading through thousands of deeds and easements.
Why the List May Already Be Stale
A pre-foreclosure list tells you a default filing was recorded. It doesn’t tell you whether the default is still active. Federal loss mitigation rules can freeze the timeline in ways that never show up on the list you’re holding.
If a borrower submits a complete loss mitigation application before the servicer files the first foreclosure notice, the servicer cannot proceed with that filing until the application has been evaluated and any appeals are exhausted. Even after the first notice is filed, a complete application submitted more than 37 days before a scheduled sale blocks the servicer from moving for judgment or holding the sale until review is finished.2eCFR. 12 CFR 1024.41 Loss Mitigation Procedures
A property on your list could be in active modification review with foreclosure effectively paused, and the NOD stays on file the whole time. Cured defaults and reinstatements don’t always generate a new public filing either, so a property can sit on aggregator lists for weeks after the borrower has caught up. Verifying current status before you spend time or money is the difference between a working list and a wall of dead leads.
Rules for Contacting People on the List
Pulling the list is legal. How you use it is where the risk starts.
Phone and Text Restrictions
The Telephone Consumer Protection Act makes it illegal to call or text someone using an automatic dialing system or a prerecorded voice without prior express consent. Violations carry a penalty of $500 per call or text, tripled to $1,500 if the contact was willful.3Office of the Law Revision Counsel. 47 USC 227 – Restrictions on Use of Telephone Equipment Blast 500 numbers with an autodialer and the math turns catastrophic quickly.
An FCC rule that took effect January 27, 2025 tightened this further. Under the one-to-one consent requirement, every robocall or robotext promoting a product or service now needs prior written consent specific to that individual seller. A lead generator can no longer obtain a single consent that covers dozens of companies.4FCC. One-to-One Consent Rule for TCPA Prior Express Written Consent Manual dialing and live calls to landlines remain legal without prior consent, but you still need to check the National Do Not Call Registry before any telemarketing call, at least every 31 days.
Debt Collection Rules
Investors making purchase offers are generally not classified as debt collectors under the Fair Debt Collection Practices Act. The FDCPA defines a debt collector as someone whose principal business is collecting debts owed to another party, and it targets communications about a debt.5eCFR. 12 CFR Part 1006 Debt Collection Practices (Regulation F) Offering to buy a property isn’t collecting a debt. If your outreach starts discussing the homeowner’s mortgage balance, default status, or payment obligations, you risk drifting into territory where FDCPA restrictions could apply.
State Equity Purchase Laws
Many states have enacted laws aimed specifically at people who buy from homeowners in foreclosure. These statutes typically require specific written disclosures, mandate cooling-off periods during which the homeowner can cancel, and void contracts where the purchase price is significantly below fair market value. Triggers and details vary widely by state, but the common thread is that legislators treat transactions with distressed homeowners as prone to exploitation. Have a real estate attorney in the target state review your process before you send the first letter.
Verify Before You Act on the List
Treat the list as raw input, not a finished product. Before reaching out or spending money on due diligence, confirm the property’s current status: check the recorder for any satisfaction or reinstatement filings, call the trustee or lender’s attorney named on the NOD, and look for a recent Notice of Sale that would indicate the property has already moved to auction. A title search on any property you plan to pursue will surface second mortgages, HELOCs, unpaid property taxes, HOA assessments, mechanic’s liens, and federal tax liens, any of which can survive a change in ownership if you buy directly from the homeowner. A few minutes of verification per property is what separates a working list from an expensive one.