Quick answer
Pre-foreclosure starts when a lender files a public notice that the owner is behind on the mortgage. Look for it at your county recorder, or in court records if your state runs foreclosures through the courts.
Then buy from the owner before the auction date.
The timeline
Pre-foreclosure is a countdown. Where the owner is on it decides what you can do.
Payments are missed
Nothing is public yet. For most home loans, the lender has to wait until the owner is more than 120 days behind.
You: Nothing to find yet.
The lender files a notice
A notice of default, or a foreclosure lawsuit in some states. Pre-foreclosure starts here.
You: Find the filing and look up the property.
The owner has time to fix it
The owner can catch up, refinance, or sell. State law sets how long this lasts, from weeks to over a year.
You: Reach the owner and make an offer.
A sale date is set
A notice of sale is published with the auction date.
You: You can still buy, but time is short.
The auction
Pre-foreclosure ends. The home sells to the highest bidder, or goes back to the lender.
You: Bid with cash, or buy from the lender later.
Pre-foreclosure: your window to buy from the owner
Where to find them
Where the notice is filed depends on whether your state runs foreclosures through the courts. Search “[your state] judicial foreclosure” to find out.
Through the courts
Look for a foreclosure lawsuit
Common in states like Florida, New York, New Jersey, and Illinois.
- Search the county court records for new foreclosure cases.
- Check the county recorder for a “lis pendens”, a notice that a lawsuit was filed.
Without the courts
Look for a notice of default
Common in states like California, Texas, Georgia, and Arizona.
- Search the county recorder for a notice of default or notice of sale.
- Check the county clerk or local newspaper for upcoming sales.
Examples
- Hillsborough County, FL court recordsThrough the courts: search new foreclosure cases.
- Maricopa County, AZ recorded documentsWithout the courts: search for a notice of sale.
- Hillsborough County, FL official recordsThrough the courts: search for a lis pendens.
- Harris County, TX foreclosure noticesWithout the courts: upcoming sales posted by the county clerk.
Either way, look up each property in the county’s property records next. Note the owner’s mailing address and the home’s assessed value.
Which deal fits
It comes down to one question.
Does the owner have equity?
Yes
Buy from the owner
The loan is paid off at closing and the owner keeps what’s left. You can inspect and negotiate.
No, they owe more
Short sale
The lender agrees to take less than it’s owed. Expect slow approval and lots of paperwork.
Too late
Auction
Cash only, usually as-is, and often without seeing inside first.
Buying from the owner is the only option where you set the terms with the person who lives there. It is also the only one where you can see inside before you commit.
Before you buy
Tick these off for each property. Your progress stays saved in this browser.
Rules to know
Owners facing foreclosure are protected in ways most sellers are not. Keep these in mind before you reach out.
Some states regulate the deal
California, Maryland, Minnesota, and others have laws for buying a home in foreclosure from the person living in it. They can require specific contract wording and give the owner days to cancel.
Don’t offer to save the home
Promising to stop a foreclosure, or charging for help, counts as foreclosure rescue. It is tightly regulated. Offer to buy, nothing more.
Keep your first letter short and kind
The owner is likely getting a lot of mail. Say who you are, that you want to buy, and how to reach you. It helps to mention they can talk to a free HUD-approved housing counselor.
Get pre-foreclosure alerts by email
New notices are filed every month, and each one has a short window. eFormative checks for new filings monthly and emails you the properties that match what you want.
To set it up, send an email like this one.
Send me pre-foreclosures in [your county].
New here? Start free first, then send it.
Questions
How long does pre-foreclosure last?
It depends on the state. It can be a couple of months where foreclosures skip the courts, and more than a year where they go through a judge.
Is there a free pre-foreclosure list?
The filings are public and many counties let you search them online for free. There is rarely a ready-made list, so you search the records or use a service that collects them.
Is it legal to contact an owner in pre-foreclosure?
Yes. The filing is public record. Some states add rules for buying from the owner, so read the rules section above before you make an offer.
Can the owner stop the foreclosure?
Yes. Owners can catch up on payments, refinance, sell, or agree on a plan with the lender. That is why many pre-foreclosures never reach auction.
What is the difference between pre-foreclosure and foreclosure?
In pre-foreclosure the owner still owns the home and can sell it. Once the auction happens, the home is foreclosed and belongs to the winning bidder or the lender.