Tone of Distressed Letters? Cease and Desist?

Question

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

Kevin Sobilo · Answer

@David Lamb, it sounds like your approach is fine. I would look at the effectiveness of what you do, not the nonsense the oddball responder spews. As long as you are approaching people in a respectful way that you feel good about you can't help how people will respond sometimes.

As an agent, I used to send prospecting letters to FSBOs. I would send a series of 4 mailers giving them free information they might find helpful to sell their home by themselves while setting myself up as someone with expertise who was just a phone call away to help.

One of the letters I sent explained that a common misconception with FSBOs is that they can sell a house "as-is" and not disclose material defects. I explained how that was not true by state law and provided them with a blank seller's disclosure form they could use.

I once got a VERY VERY angry emailed response from someone who accused me of trying to scare people into listing their homes because what I was saying wasn't true. It was a very angry response.

I did respond to that email with the specific section of state law showing the disclosure requirement. They then came to appreciate I wasn't lying and trying to scare anyone and apologized.

You won't probably get any apologies but as long as you know you're on the right side of things doing things the right way. You have nothing to regret.

Chris Seveney · Answer

@David Lamb

Two questions -

1. what state is it in?

2. Are you falsely advertising and being predatory as you state “try and help you save their home” - how can you help them save their home, or you trying to get them to sell you the home at below market rate.

Eric James · Answer

Tell her to register her name on the "do not mail list".  lol

David Lamb · Answer

Yeah, I really appreciate that Kevin.  I'm not sure why I got so peeved but I did.  I really believe in what we do and the services we provide and I have pretty thick skin.  So, his call and my response kind of took me back a bit. After cooling down, I thought about it and decided to share the experience with others so that collectively we are better prepared to address these types of responses and determine how best to respond to them.  Admittedly, I failed on that last part but getting better! :)

V.G Jason · Answer

I'm not fat, just big boned.

I would just respect the lawyer's ask, and cease talking to them. You tried your shot, why waste more energy and time in this? The approach is fine, some will just respond this way. Keep it moving.

Joe S. · Answer

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?

Joe S. · Answer

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.

David Lamb · Answer

Haha.  Yes, I have and well said.

Tone of Distressed Letters? Cease and Desist?

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