Lis Pendens or Notice of Sale

What comes first?
Which should I send letters to to help them save their house or offer to buy it?


Hi aznewbie,
this is from a fla-newbie. lol. Still learning the process. From what I understand, sometimes letters may be read if you get really creative with the envelope. If you jsut put it in a standard enveloper with nothing to make it stand out from all the other 50 letters they get. The homeowner rarely opens them up cuz they dont want to see the bills anymore and anything associated with what they are going thru. I’ve been told by others that when they go doorknocking. They see piles of unopened letters near the front door. I plan to doorknock for my first few deals and then start using bird dogs so I get an idea of I need to explain to them. Hope this helps.

Thanks. I was think of seeing if I can find some stickers or stamps that say something like “Finally some GOOD news” or something along those lines to put on the front of the envelope. Also with it being the holiday season I thought of using greeting card sized envelopes or something that will make it look like it’s a letter from a freind, maybe that will get it opened.

Do you know what is the first step in a foreclosure?
Lis Pendens or a Notice of Sale?
I want to send the letters to the people who have just been notified of the action, not the ones who have already lost the house and I’m not sure which is which.

i think you mean Notice of Default, not sale. I believe it is NOD,then lis pendens. If anybody out ther ecan confirm, would be most appreciated.

I think it’s different in each state. Here on my county recorders site you can do an “instrument search” the only two (I think) that are foreclosure related are either Notice of Sale or Lis Pendens.


Lis pendens is Latin for pending litigation. There are several kinds of lis pendens (foreclosure, divorce, probate). When a Notice of Default is filed, it then shows up on the Lis Pendens list.

Depending on the State Statute, this will give you anywhere from 15 days to 60 days before the date of auction.

If you are sending letters, I suggest that you choose what it is that you want to do. You should not offer to assist them in reinstating the mortgage if you want to buy the property. This is what has prompted several States to pass laws against investors dealing with property in foreclosure.

Here in Maryland if you are assisting a property to reinstate their loan, it is a criminal offense to buy the property and can land you in jail for 3 years.

The Notice of Sale is recorded stating what the outcome of the auction is (purchaser, amount, etc.) Again, depending on the State, this will tell you when the property changed hands.

Hope this helps. :wink:

Yes it was a big help Thank You!

Just so I make myself clear I’m not going to be trying to get their mortgage reinstated or helping them save their house in any way.

My letter goes something like this

Dear Homeowner,

I noticed in the Public Records of Pima County, that a foreclosure action has been filed against your property. If you are not aware of this I urge you to contact your lender to clear this issue promptly. Your property is at risk.

I am truly sorry if this information is correct and you are facing this unfortunate problem.
Don’t give up though! You have many options that you may not be aware of.

I have enclosed a list of options that are available to homeowners facing foreclosure to inform you of ways you can save your property.

If after considering all of your options, you decide you want to sell your property and not have to worry about it anymore please call me so we can discuss how I might be able to help you.

I am a Real Estate Investor in the Tucson area and although I can’t help everyone, I will try!
If I may be of service in this matter, it would be my pleasure to do so. My personal cell phone # is

You won’t have to worry about any paperwork or deal with your lender. There are no fees or commissions for you to pay. You won’t have to wait around for a qualified buyer, have to do any repairs needed or be responsible for future mortgage payments while your house sits on the market like you would if you listed it with a Realtor.

You will get a quick response, with no hassles, no pressure, and absolutely no costs to you if I purchase your property.

Don’t wait until it’s too late and loose any money you may be able to receive. We can keep the foreclosure off your credit record and give you a fresh start, but I can’t help if you don’t call.

If you have any questions please feel free to call me, there is no cost for my help and you are not under obligation to sell if you are not satisfied with my offer. All information you share with me is kept confidential.

Thank you for your time and I look forward to hearing from you.

My Name
My Number

With this letter I tell them 7 options that they have 1 of which is selling to me. The others are Loan Forbearance or Modification, Reinstate Your Mortgage, Refinance, Chapter 13 Bankruptcy, Sell Your Home on the Open Market or Let Your Home Be Sold On the Courthouse Steps I point out the good and the bad but Im not saying anything about helping do these things.

This letter is made from various other sample letters 1 of which the person claims a 16% response.

Do you think this letter is not a good idea?

I was hoping to come across as being helpful incase they didnt know what options they had and if after deciding what is best for them and they want to sell, for them to call me. (Since I was so helpful :0)

Please tell me what you think, Thanks

Never mind about that letter I’m not going to use it I don’t want anything to look like I’m trying to do anything but buy their house if they want to sell.


I do help people stay in their homes. However, only about 30% of those who call are in a position to save their home. The other 70% are going to lose them. And those are where the deals and money are made. My whole marketing is to help people save their homes. Never a word about buying. And that makes my telephone ring…which is what I want. You can learn allot when they call you. From that call you can pretty well figure out how motivated they are and if there is a deal to be had there.

If you approach the homeowner trying to buy their home and they want to stay it will be a wasted call, facing foreclosure is not enough motivation and they ignore everyone. Most homeowners are still in denial and the only way to get in contact with them is by offering to help save their home and if you can’t you will help them find a buyer to prevent the foreclosure.

Good Luck,


Lia pendens, but the home owner is still in denial and they’re hard to deal with in most cases untill they get a notice of sale.

Thanks everyone for your replies!