The Benefits of Marketing to a Distressed Property List

Dave Schaaf
Dave Schaaf

Marketing to a distressed property list can be a great option for reaching motivated leads. Often, these leads want to sell their property quickly to avoid falling further behind on their payments. Continue reading to see which distressed property list best fits your campaign.

Pre-Notice of Default and Notice of Default Lists:

You may have heard of Notice of Default and Pre-Notice of Default mailing lists. While both types of lists often include motivated sellers, they are distinct lists. So what are they?

There are two types of mortgage lates, Pre-NOD (Notice Of Default) and NOD. NODs are public record and are legal to market to without disclosures or credit offer requirements, while Pre-NODs come from the credit bureaus. Any time a person markets to credit bureau data, that person needs to be in compliance with the Fair Credit Reporting Act. The FCRA states that any person marketing to credit bureau data must make an offer of credit or insurance, and also make opt-out disclosures. Check section 604 of the FCRA for the details on using credit bureau information.

The Differences:

Pre-Notice of Default leads are people who are 30, 60, 90, or even 120 days past due on their mortgage. They may need to sell their property to avoid foreclosure, so these leads often have motivation to sell or refinance. These leads come from credit bureau data, so you must comply with the Fair Credit Reporting Act to market to these leads.

Notice of Default leads are people who have started the foreclosure process. The foreclosure filing date or the upcoming auction date are filter choices for these mailing lists. Since these leads are behind on their payments, they often have motivation to sell quickly.

Most real estate investors market to NOD leads because they are legal to market to without the credit offer or disclosure. NOD leads are also often motivated sellers. While a Pre-Notice of Default list may be an appealing marketing choice, remember that you must be in compliance with the Fair Credit Reporting Act to market to this list!


Since the data for Notice of Default lists comes from the county recorder, the number of available records will depend on your location. If it is challenging to pull a list from this data, consider these alternatives for a distressed property list:

Delinquent Property Tax leads are people who have failed to pay their property taxes. Once someone has become delinquent on their property taxes, they may find it difficult to catch up on payments. As the interest builds and they continue to struggle with their tax payment, motivation to sell grows.

Divorce Lists include leads who have recently filed for divorce. These leads often desire to sell their property quickly. As with each distressed property list mentioned, avoid bitterness from your leads by using a soft message in your mail piece.

For more information about which distressed property list is right for you, contact us today.

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