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Updated over 1 year ago on . Most recent reply

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David Lamb
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Tone of Distressed Letters? Cease and Desist?

David Lamb
Posted

I am very sympathetic to those who are facing foreclosure and other distressed situations.  I try to convey that in my direct marketing materials.  With that said, I just received a call from a lawyer representing a person I sent a mailer giving me "notice" that my letter was causing her "extreme distress" and advising me to "cease and desist" with further marketing otherwise she would go after me for "harassment."  To be sure, I have only sent her 2 letters and made 1 phone call over a 6 week period.  And, I believe that the content is sympathetic but direct, i.e.  "I'm sorry you are going through tough times; I want to work with you to help save your home from foreclosure please call to discuss options."

Sooooo, I guess my question is based on your experience what is the best tone to strike with these letters?  Do I just simply say, "I want to buy your house if interested" and keep it general or make it more personalized, "foreclosures are tough, I would like to help."  Secondly, I know these things are tough hence the call from the lawyer but wtf? Any experience and/or thoughts on the "notice" "cease and desist" "causing extreme distress." Doubtful that this prospect will want to work with me so I wont send her more materials but I was taken aback by the call and "notice."  Opinions?

Thank you all!

Dave

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Jay Hinrichs
#1 All Forums Contributor
  • Real Estate Consultant
  • Summerlin, NV
65,175
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Jay Hinrichs
#1 All Forums Contributor
  • Real Estate Consultant
  • Summerlin, NV
Replied
Quote from @Joe S.:
Quote from @David Lamb:
Quote from @Joe S.:
Quote from @David Lamb:

I am very sympathetic to those who are facing foreclosure and other distressed situations.  I try to convey that in my direct marketing materials.  With that said, I just received a call from a lawyer representing a person I sent a mailer giving me "notice" that my letter was causing her "extreme distress" and advising me to "cease and desist" with further marketing otherwise she would go after me for "harassment."  To be sure, I have only sent her 2 letters and made 1 phone call over a 6 week period.  And, I believe that the content is sympathetic but direct, i.e.  "I'm sorry you are going through tough times; I want to work with you to help save your home from foreclosure please call to discuss options."

Sooooo, I guess my question is based on your experience what is the best tone to strike with these letters?  Do I just simply say, "I want to buy your house if interested" and keep it general or make it more personalized, "foreclosures are tough, I would like to help."  Secondly, I know these things are tough hence the call from the lawyer but wtf? Any experience and/or thoughts on the "notice" "cease and desist" "causing extreme distress." Doubtful that this prospect will want to work with me so I wont send her more materials but I was taken aback by the call and "notice."  Opinions?

Thank you all!

Dave

For starters some people are angry that you know that they’re behind in house payments and facing foreclosure. So the fact that you are telling them that you know they’re in foreclosure is like telling a drunk you know they’re drunk. If you’ve never told a drunk, they’re drunk, then you probably wouldn’t understand what I’m saying. 


 Haha.  Yes, I have and well said.


 Maybe my analogy was too restricted for all viewers, so try this one… Have you ever tried Telling a fat person that they are fat?

How did that one turn out?


Also not all spouses tell the other whats up and the letters set off world war 3.

AS an active courthouse step buyer.. I would often find the letters sent to these folks stacked up and left on the counters..  I would say someone in our market that has gone into foreclosure will receive no less than 200 direct mail peices.. from RE brokers Lenders and foreclosure buyers Most foreclosure buyers have a canned pitch.. that goes something Like this..  "I too was in foreclosure years ago so I know what your going through"  that is a very common so when folks losing the home see the same pitch multiple times they know its just BS.  Then you have the letters that get very religious trying to appeal to the Christian side of things.. Etc etc.  We door knocked and did not send letters  .. as we found it much more effective belly to belly.

AS for lawyer contacting you unless they are going to do it on a retainer I cant see someone who is in default paying for this.
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