Public doesn’t mean permission. Learn how to handle foreclosure data, property records, and homeowner information the right way—legally, respectfully, and with integrity.
1. Why This Matters
Every foreclosure starts with a public filing: a Notice of Default (NOD) or Notice of Trustee’s Sale (NTS).
These documents are legally accessible—but how Realtors use them defines their ethics.
Misuse (like mass-mailing, sharing data, or selling leads) has led to DRE citations and civil penalties under AB 2424, Civ. Code §1798 (California Consumer Privacy Act), and Civ. Code §§2945–2945.11 (Foreclosure Consultant Act).
As KeepMyHouse.org teaches:
“Public information doesn’t mean public permission.”
2. What’s Public — and What Isn’t
Public Information:
- Recorded NODs, NTS filings, and trustee sale dates
- Property addresses and parcel data
- Deed of Trust and lien history
Protected Information:
- Borrower phone numbers and emails
- Social Security numbers, bank info, or payoff data
- Loan-modification or hardship documents
- Internal lender communications
Always verify whether data came from a public source or a third-party aggregator. The latter may require consent or subscription compliance.
3. Avoid “Data Scraping” and “Bulk Prospecting”
Using automated systems to mass-harvest foreclosure filings may violate privacy rules if you store, share, or resell that data.
Ethical best practices:
- Use official county recorder sites or verified vendors only.
- Never export homeowner contact lists for resale.
- Limit outreach to individualized, educational contact—not spam or solicitation.
AB 2424 specifically prohibits repeated or misleading contact about foreclosure relief.
4. The Right Way to Use Public Data
Your outreach should be informational, transparent, and compliant.
Example script:
“I noticed a recent filing of public record for your property. I’m a licensed Realtor focused on helping California homeowners understand their options. I’m not affiliated with your lender or trustee. Would you like me to send verified resources from KeepMyHouse.org about foreclosure timelines?”
This approach is legal, documented, and respectful.
5. Privacy and Storage Requirements
If your team stores homeowner data (address logs, communications, contact details):
- Use password-protected CRMs or encrypted files.
- Delete or anonymize data after 90 days of inactivity.
- Provide data access or deletion upon request (as required under California Consumer Privacy Act, §1798.100–1798.199).
- Maintain a written privacy policy explaining data use for marketing or education.
Transparency keeps both your DRE record and your conscience clean.
6. Disclosing Data Sources
When discussing foreclosure information, be upfront:
“All foreclosure data used for outreach comes from publicly recorded county documents and verified third-party databases. No private financial information is accessed.”
This type of preemptive disclosure disarms suspicion and builds credibility instantly.
7. Compliance Checklist for Every Outreach Campaign
Before contacting any homeowner in default, confirm:
- The data source is official and current.
- The homeowner has not opted out of prior communications.
- You’re using compliant language (no guarantees or urgency).
- You have a clear educational purpose.
- You can document every outreach attempt.
8. Why Responsible Data Use Builds Reputation
When homeowners realize that KeepMyHouse.org agents don’t misuse their information, they respond differently—calmer, more trusting, and more receptive.
Over time, your team becomes recognized not just for professionalism, but for data ethics—a rare badge of honor in real estate.
As the site’s motto goes:
“Informed outreach starts with informed restraint.”
Using data wisely isn’t just compliance—it’s compassion in practice. Realtors who treat public records like private lives earn both respect and results.
Not sure what the next step should be?
We help homeowners and Realtors understand available options.
