Scripts · Pre-foreclosure
Pre-foreclosure scripts: what to say (and what never to say) when you reach the owner
The first time I called a pre-foreclosure owner, I had a script written for expireds. Thirty seconds in, I realized I was talking to a man who hadn't slept well in a month, and my "quick question about your home" sounded exactly like the dozen investor calls he'd already gotten that week. He was polite. He hung up anyway. He was right to.
Pre-foreclosure calls are not cold calls with a sadder list. The owner is under real pressure, the filing is public, and other people are calling them with offers that range from fair to predatory. Your job on the phone is to be the calm, honest person in that pile. Below are the scripts I'd use today, the lines I'd never say, and the checks to run before you dial.
New to these lists? Start with how to find pre-foreclosure leads (Notice of Default, lis pendens, and where the filings live), then come back here for what to say.
Before you dial: three checks
A good script can't fix a bad call. Before any pre-foreclosure number goes on your call sheet, I want three things true.
- You're calling the right person. The filing names the borrower and the property, not a phone number. Enrich the address so you have the owner of record and their current phones, not a stale number from an old listing. minutes
- The number is cleared to dial. Check every phone against the National Do Not Call Registry and your own internal do-not-call list, and respect the calling window (the FCC rules set it at 8 a.m. to 9 p.m. local time for the person you're calling; some states are tighter). If you work Florida, read the Florida TCPA rules for agents. minutes
- You know your state's distressed-property rules. Several states regulate "foreclosure consultants" and equity purchasers with their own contract and disclosure rules. If you're ever tempted to do more than list the home, talk to a real estate attorney first. once
Then dial by hand. No autodialer, no prerecorded voice, no blast texts. With this list especially, every call should be one person talking to one person.
The opener: say why you're calling
Most agents try to hide the reason. They open with "just checking in" or "I'm working with buyers in your area." Owners see through it immediately, because they know the filing is public and they've heard that line already. Name it, gently, and then hand them the wheel.
The respectful opener
"Hi, is this [owner name]? This is [your full name], I'm a real estate agent with [brokerage]. I'm calling about your home on [street]. I saw a notice in the public records, and I'm not calling to pressure you about anything. I help homeowners understand their options when they're thinking about selling. Is now an okay time, or would another time be better?"
Full name, brokerage, the reason, and permission. If they say it's not a good time, ask when is, write it down, and get off the phone. You've just done something most callers that week didn't: you respected their time.
If they're guarded
"That's completely fair, and I'm sure you've had a lot of calls. I'll be quick. I'm not a buyer and I'm not offering a loan. I list homes. If selling is ever something you want to look at, I can tell you what homes like yours are going for right now. If it's not, I'll leave you alone."
Saying what you're not matters on this list. Owners in pre-foreclosure are often the target of mortgage relief scams (the FTC's own page lists phony counseling, equity skimming, and "rescue" loans). Being clear that you list homes, and only list homes, separates you from all of that.
The listening questions
After the opener, stop pitching. You don't know yet whether this owner is negotiating with the lender, has already decided to sell, or is still processing the letter. Ask, then listen.
"Can I ask where things stand for you right now? Are you working something out with your lender, or is selling on the table?"
"If you did sell, where would you want to land? Another place in the area, closer to family, renting for a while?"
"Would it help if I put together what similar homes on your street have sold for, so you have real numbers to think with? No obligation either way."
That last one is your real close on the first call. You're not asking for the listing. You're offering something useful and earning the second conversation.
Point them to real help, even if it costs you the listing
Some owners will tell you they want to keep the house. Believe them. This is the moment that decides whether you're the agent they call back in three months or the one they block.
"That makes sense. If you haven't already, call your lender directly, and look up a HUD-approved housing counselor. They can walk you through options, often at little or no cost. If selling ever becomes part of the plan, I'd be glad to help. Can I check back in a few weeks?"
The CFPB's housing counselor search lists HUD-approved agencies by ZIP code. Send them the link if they ask. You're not giving financial advice; you're pointing them to the people whose job it is.
The voicemail
"Hi [owner name], it's [your full name] with [brokerage], about your home on [street]. I'm an agent, not a buyer or a lender. If you'd ever like to know what your home could sell for, call me at [number]. Again, [name], [number]. Take care."
Leave it live, in your own voice, under twenty seconds. Don't mention the filing on a voicemail. Someone else in the house may play it first, and that's not your news to share.
Objection answers
"How did you get my number?"
"Fair question. I look up property owners from public records for the homes I'm working on. If you'd rather I not call again, I'll take you off my list right now."
"I've had ten of you call this week."
"I believe it. Most of those calls are investors making offers. I'm on your side of the table. My job would be to sell it for as much as the market will pay. If that's ever useful, I'm here."
"I owe more than it's worth."
"That happens more than people think. Sometimes a lender will consider a short sale, but it's their decision and it takes paperwork. I'd suggest talking to your lender and a housing counselor or attorney about it. If you want, I can pull recent sales so you know where the value really is."
Notice what that answer doesn't do: it doesn't promise the lender will approve anything. You can't, so don't.
What never to say
- "I can stop the foreclosure." You can't. Only the lender, a court, or the owner's own actions change that timeline.
- "Sign the deed over and we'll sort it out." The FTC describes deed-transfer pitches as a hallmark of rescue and equity-skimming scams. Never go near it.
- "Stop talking to your lender." The FTC notes that companies telling homeowners to stop contacting their lender are breaking the law. You should be encouraging that call, not discouraging it.
- Any upfront fee. Under the FTC's Mortgage Assistance Relief Services rule, it's illegal for a company to charge upfront for promises of mortgage relief. Your commission comes at closing, like any listing.
- Fake urgency or fake buyers. "I have a buyer ready right now" when you don't. This owner has enough pressure.
- Their situation on a voicemail, a text, or a postcard anyone else could read.
Follow-up without hounding
With pre-foreclosure owners, the listing rarely comes from the first call. It comes from being the steady, informed voice when they're ready. A cadence I'd use:
- Day 1: the call, and the comparable sales you promised, by email if they gave it to you.
- About two weeks later: one short check-in. "Did the numbers help? Anything changed?"
- About a month later: one more, then go quiet unless they reach out.
- Any "please don't call": on your internal do-not-call list the same minute, and you never dial that number again.
Write every outcome on the record: what they said, what they want, when to call back, and how they prefer to be reached. For the whole path from list to closing, see from a cold list to a closed deal.
Where LeadCove fits
I built LeadCove because I was spending more time prepping lists than talking to people. You upload your pre-foreclosure addresses, Notice of Default or lis pendens pulls from your county, and each one comes back with the owner of record, their phones, and their emails, with every phone flagged against the National Do Not Call Registry and checked for known TCPA litigators before you dial. Misses don't use credits.
Then you work the list in the built-in CRM. Notes, call outcomes, do-not-call requests, and callback dates live on the same row, so the "check back in a few weeks" you promised actually happens. Starter is $29 a month for 15 credits after the 7-day trial; see how the 7-day trial works and the pricing section for Pro and Power.
Check one before you build the list. Take one address from this week's filings and run it through the property-owner lookup. You'll see the owner name, phones with DNC flags, and emails, before you read a single line of script.
This post is general information, not legal or financial advice. Telemarketing, do-not-call, and distressed-property rules change and vary by state, and your brokerage may have its own policies. For a specific situation, talk to an attorney licensed in your state.
Sources
- FTC: Mortgage Relief Scams: upfront-fee ban under the MARS Rule, deed-transfer and equity-skimming warning signs, and the rule against telling homeowners to stop contacting their lender (checked October 26, 2026).
- CFPB: Find a Housing Counselor: HUD-approved housing counseling agencies by ZIP code, often at little or no cost (checked October 26, 2026).
- 47 CFR 64.1200 (FCC TCPA rules): calling hours in (c)(1), national registry in (c)(2), and internal do-not-call lists in (d) (checked October 26, 2026).
- FCC: Stop Unwanted Robocalls and Texts: National Do Not Call Registry overview and state do-not-call lists.