Alabama's new title-fraud law reaches recorded liens — and will put HOA filings in front of owners
Alabama's new title-fraud law reaches recorded liens — and will put HOA filings in front of owners
2026-09-10 · Alabama · Legislation
Alabama's Property Protection Act of 2026 is aimed at deed thieves. Two of its provisions land squarely on how community associations record and enforce liens.
SB 292 became Act 2026-536, signed by Governor Ivey on April 15, 2026 and effective October 1, 2026.1 It passed the Senate 30–1 in March and cleared both chambers on April 9, the final day of the session. Its House twin, HB 426, had passed the House 104–0 and died in Senate Judiciary.
The act adds an entire new chapter to Title 35 — §§ 35-21-1 through 35-21-12 — plus Chapter 19J of Title 8 and new sections in Titles 8, 12 and 13A. It is the only new Title 35 real-property chapter created in this legislative window.
Nullifying a false recorded instrument
The act amends Ala. Code § 13A-9-22(e), which governs nullifying or expunging a false or fraudulent lien, deed or other instrument from the probate record. That is the mechanism a property owner uses to attack a recorded encumbrance — and, by the same token, the mechanism an association's recorded lien must survive if an owner invokes it.
The amended procedure requires that a probate judge's order granting expungement contain specified information, requires written notice to the party who filed the instrument with a 14-day window to respond, and provides that if the judge does not grant the petition within 28 days, the petitioner may proceed further.
Owner notification of new recordings
New § 12-13-55 authorises each judge of probate, in cooperation with the Alabama Securities Commission, to establish a free real property owner notification service that alerts owners whenever a document is recorded against their name or property.
In participating counties, that means an association's lien filing will reach the owner as an automated alert — on the day it is recorded, independent of whatever notice the association sends.
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