Using Probate Leads is Illegal?

Question

I'm new to REI and I just read something on my local county website that using probate leads for commercial purposes is illegal in my state. Has anyone else run into this - either in SC or in any other states?

Mark Pedroza · Answer

@Mary Mancinelli

There are no laws as far as I know in working free probate leads. I'm doing it just about everyday in CA. (Sacramento, Placer and San Francisco counties).

Whether or not the probate file has commercial property or not Probate, NOD's, Trustee Sales, etc., are all public information..

Mary Mancinelli · Answer

@Javier Fernandez did you ever figure out the answer to this question? I'am in SC as well. Have you been working probate cases?

Mary Mancinelli · Answer

Hey did you ever figure this out? I am trying to work probate leads in SC as well and I was told the same thing.

Javier Fernandez · Answer

Thanks Brian P! I appreciate the feedback.

Brian P. · Answer

If there is such a law I doubt it is enforceable. But just for argument if there was a obituary you could claum that was the source of the lead and tell the state to go to...

Also if the state specifically states probate files but doesn't mention death certificates etc, again another source. Probate is an open public file for many reasons, most of them "commercial" including the lead services that mine and sell the leads daily. if this law were enforceable you would see the state applying the same status to many other public records to avoid public records statutes which may be another soucee to offset what some idiot passed.

Mike H. · Answer

I'd be surprised if that could be even remotely enforceable.

Unless you're paying them for the leads, how would they know where you got the lead? I would check with an attorney. But I don't see how they can ever pass a law that you can't mail to anyone for any reason.

There's a freedom of speech issue when it comes to mail. Phone calls are different. But I've never seen anything like that when it comes to mail.

Again, if you're getting the leads from them directly, thats another story. They can very well put some language in there that by getting information from their site, you're agreeing to certain restrictions on that data.

But if you were to go to an outside listsource for that information, I don't think they'd have a leg to stand on in terms of pursuing that. I'd still check with an attorney though. Just because its easy defend doesn't mean it would be worth the hassle of having to defend it. :-)

Javier Fernandez · Answer

Thank you both for the insight. Much appreciated!

Jerry W. · Answer

@Javier I have never heard of probate leads being used for comercial activities being illegal.  Perhaps there is an attorney from your state who can chime in on that.  I can understand how lawmakers could find the practice offensive, but I am surprised anyone would go far enopugh to make a law on it.  County websites are usually very good sources of information on local law.  Perhaps you could contact your local county attorney through that website to get a clarification on it.

Bill Gulley · Answer

Welcome to BP! :)

I've not seen that but for many, if it's not illegal it should be :)

Mail a letter to the property owners owning the 4 houses in a row, then it's a mass mailing.

Contact the estate attorney, administrator or executor, perhaps through more skilled inquiries than "can I buy the house" you can find out what will happen.

When I'm interested in such stuff I try to get a center of influence to family to introduce me, like a neighbor or one who does business with them, I don't go to the funeral home. :)

Using Probate Leads is Illegal?

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