How to find pre-foreclosures in public records
Pre-foreclosures start with a public filing. In Nevada and Utah it is a notice of default recorded with the county recorder. In Texas there is no notice of default on record, so you watch the notices of sale filed with the county clerk. In court-run states like Florida, you search the court docket for new foreclosure cases. Our weekly brief tracks new filings in the counties we cover.
Updated November 2026. A plain-language guide, not legal advice.
Learn how to buy with a local agent- Nevada and Utah
- Notice of default at the county recorder
- Texas
- Notice of sale filed with the county clerk
- Court-run states
- New foreclosure cases on the court docket
- Best first step
- Pick one county and check it every week
Step by step
The order most searches go in. Your state's filing rules and your county's search tools can change it.
See pre-foreclosures on the mapLearn how to buy with a local agent
Learn which filing starts the clock in your state
Trustee-sale states like Nevada and Utah record a notice of default before any sale. Texas skips that step on the public record and goes straight to a notice of sale. Court-run states start with a lawsuit, often with a lis pendens filed on the property.
Search the right office
Most county recorders let you search recent documents online by type and date. Look for notice of default, notice of trustee sale or lis pendens. In Texas, check the county clerk's foreclosure posting list. In Florida, search the clerk of court's case records for new foreclosure filings.
Read the notice for what matters
Each notice names the property, the lender or trustee and, for sale notices, the date and place of the sale. A notice of default also shows roughly how far behind the owner is, which tells you how much room there is to make a deal before the sale.
Check the value and what's owed
Compare recent sales nearby with the loans on record. Owners with real equity have the most options, including selling to you before the sale. Owners who owe more than the home is worth may need a short sale instead.
Reach the owner with respect
Send a short, honest letter that says who you are and what you can offer. Never pressure or promise to stop the foreclosure. If the owner wants help keeping the home, point them to a free HUD-approved housing counselor.
Write it up the right way
Some states have special rules for buying from an owner in foreclosure, including required contract wording and a right to cancel. Have an agent or attorney who knows your state write or review the offer.
What can go wrong
The notice is old news
Owners often catch up, sell or file bankruptcy. Check the record again before you spend time on a property.
Breaking state rules on owner deals
Buying from an owner in foreclosure can fall under state laws with strict contract and cancellation rules. A deal that skips them can be undone.
Missing other liens
A second mortgage, HOA lien or tax lien can change the math. Order a title search before you commit.
Who you need
Agent who works foreclosures
Sees bank-owned and HUD homes the day they list, and knows which ones sat.
Ask them: How many bank-owned or auction homes did you close last year?
Title company
Finds the liens that survive a sale before they become your problem.
Ask them: Can you run a title search before the auction date?
Real estate attorney
Reads auction terms, deeds and occupant rules in your state.
Ask them: What happens if someone is still living in the home after I buy it?
Courthouse or online, MLS or auction site, HUD or bank: a local agent can show you which route a home is on.
Sources: Nevada Revised Statutes, Chapter 107 (NRS 107.080), Utah Code 57-1-24, notice of default, Texas Property Code 51.002, sale notices, HUD housing counselor search
Experts we work with
Local agents who work distressed and off-market homes, and a lender to call before you bid. Ask through us and we'll introduce you by email.
Robert Meche
Broker and owner, SWR Group at Keller Williams
Collin County, TX, Dallas County, TX, Denton County, TX, Cooke County, TX
Buying somewhere else? Tell us the county and we'll point you to someone.
Recommended lender
Cole Boren
Branch Manager, CMG Home Loans
Cole has nearly three decades in mortgage lending. He helps buyers plan a purchase around the bigger picture: the cash they keep, the home they own now and the timing of the move.
- What you can qualify for now
- Buying before you sell
- Which loan fits the home you want
Cole Boren, NMLS #384591. CMG Home Loans, NMLS #1820. Equal Housing Opportunity. Licensing varies by state. Check his NMLS record.
Real Estate Intel recommends people we work with. You're free to use any agent or lender.
Questions buyers ask
Are pre-foreclosure records public?
Yes. Notices of default, notices of sale and court foreclosure cases are public records. How easy they are to search online depends on the county.
Why can't I find a notice of default in Texas?
Texas lenders send the notice of default to the borrower by mail, not to the public record. The first public filing is usually the notice of sale, filed with the county clerk and posted at least 21 days before the sale.
Is it legal to contact owners in pre-foreclosure?
Generally yes, but some states regulate foreclosure consultants and buyers who deal with owners in default. Be honest, don't pressure, and check your state's rules with an attorney.
Do list services replace the county records?
They save time, but they copy the same public filings and can lag or miss some. Use them to find leads, then confirm each one at the county.
Get your county's new default notices every week
New default notices, sale dates and homes that went back to the lender. Free, one email a week.