Latest / In Focus with Carolyn Hutcheson / Property Act - May 12, 2026
Transcript
- 0:00Support comes from the Rosa Parks Museum on Troy University's Montgomery campus,
- 0:05located on the spot of Mrs. Parks' historic 1955 arrest, and featuring
- 0:11exhibits that chronicle the history of the Montgomery bus boycott.
- 0:16More information at Troy.edu slash Rosa Parks.
- 0:21From Troy Public Radio, this is In Focus, and I'm Carolyn Hutcheson.
- 0:31In April, the Alabama legislature passed a property protection bill regarding real estate
- 0:38fraud.
- 0:39Amanda Sen, director of the Alabama Securities Commission, visits the exchange today to explain
- 0:45how the act works.
- 0:50Amanda, welcome back to Troy Public Radio.
- 0:53Again, Carolyn, always glad to be with you.
- 0:56Well, last Wednesday night during the storm, you had quite an exciting plane flight.
- 1:01Well, Carolyn, I was traveling back from Washington, D.C., meeting with our congressional delegation,
- 1:07and our pilot had hoped to beat some storms, but we wound up circling over them for over
- 1:14an hour before we could land.
- 1:15So while you guys were experiencing torrential rain, pop-up tornadoes and storms, we were
- 1:21flying above the clouds, and probably in the safest spot.
- 1:26Glad you arrived safely, and thanks to the skill of the pilot.
- 1:29He was an outstanding pilot.
- 1:31Any other pilot may have just turned around and gone back to Washington, D.C. or Atlanta,
- 1:36depending on your flight, but he was very calm.
- 1:39He kept us up to date, and he told us we had plenty of expensive fuel on our jet so that
- 1:44we could continue to circle for as long as we needed.
- 1:47Well, since you are safely back, what concerns do you want to share with the listeners?
- 1:53Well, Carolyn, you know we like to talk about fraud on this show, so today I'd like to talk
- 1:59about a particular type of fraud referred to as seller impersonation fraud or title
- 2:04fraud, what most of our consumers refer to under a new bill passed just this year in
- 2:10our Alabama legislature.
- 2:12So who does this affect?
- 2:14It's referred to sort of colloquially as title fraud, but the name of the act is the Alabama
- 2:21Property Protection Act of 2026, and this came up as a result of some consumer complaints
- 2:29in Alabama that people's homes or real property had been sold or was attempting to be sold
- 2:37out from under them unbeknownst to them by a fraudster who had used sophisticated AI
- 2:43tools to get a property listed.
- 2:46This type of fraud has been in the news lately affecting homeowners, landowners.
- 2:52It must be very upsetting to them.
- 2:55What was the scope of this title fraud?
- 2:58It was the entire real estate industry.
- 3:01They work with their clients and their consumers, and they were hearing it.
- 3:06Probate judges across the state were concerned.
- 3:08They wanted to protect their residents and their communities from title fraud.
- 3:13I know our title association and our lawyers that work in real estate are all very concerned,
- 3:19so it was certainly a cooperative effort by those that are involved in the real estate
- 3:25world that want to be sure that the Alabama public is not victimized by these fraudsters
- 3:31who attempt to sell property.
- 3:33We want homeowners and landowners to feel safe owning property in Alabama.
- 3:39During the recent regular session of the Alabama legislature, not this call session, what actually
- 3:45happened with your bill proposal?
- 3:49Those individuals I just mentioned, stakeholders, got together and Senator Orr worked with several
- 3:55groups to produce a bill, again, that provides for investigations into these matters.
- 4:02The Alabama Securities Commission is responsible for investigating and being able to take action.
- 4:08It provides criminal penalties for those who do attempt to sell property that does not
- 4:13belong to them.
- 4:15It provides a streamlined adjudication process so that people, if their property is listed
- 4:22or eventually sold, to unwind that quickly, as these transactions can take years sometimes
- 4:30in courts that are just backlogged with so many cases right now, to unwind, so a streamlined
- 4:35process.
- 4:36It also creates a fund for any fees and fines that are collected in these cases that will
- 4:43be deposited into a fund for people who are harmed by real estate type frauds or title
- 4:50frauds.
- 4:51This sounds like a really important step in protecting people who are involved in real
- 4:57estate, so it's a big step forward expediting the process.
- 5:02At the moment, what should Alabama property owners be doing to actually protect themselves
- 5:09since this is a type of fraud that is escalating?
- 5:13Property owners, real estate professionals, lawyers need to continue to be on high alert
- 5:20as artificial intelligence is allowing fraudsters to literally impersonate every player in this
- 5:26field.
- 5:28Always conduct due diligence.
- 5:29If you have properties that you own anywhere across the United States, befriend someone
- 5:34that lives nearby.
- 5:35Ask them to check on your property from time to time to make sure there's not a for sale
- 5:39sign, which is what we have received in complaints from the public.
- 5:43They said, oh my gosh, I got a call and there's a sign in my yard and the piece of property
- 5:49that my house is for sale.
- 5:51Get people to continue to check on your properties.
- 5:54Most of these involve absentee owners, so somebody, their house is vacant for a while,
- 5:58maybe the person's in the military or they've just owned real estate that they plan to develop
- 6:04down the road.
- 6:05Check on that from time to time.
- 6:07They're also in some probate jurisdictions, probate courts.
- 6:11For example, Montgomery County probate judge has a program, it's called the REACT program,
- 6:18that allows homeowners to put a notice in their file and they'll receive phone calls
- 6:23should any transaction be initiated or any action being taken in connection with their
- 6:28file or their property.
- 6:29And through this bill, the Alabama Securities Commission hopes to be able to provide this
- 6:34software to other jurisdictions that may not have the resources to have the software or
- 6:40just assist them in providing a notice type program in their jurisdiction.
- 6:45Amanda, you continue telling us that AI is causing mischief in a lot of ways, and thankfully
- 6:53the Alabama Securities Commission is on top of this.
- 6:57If a property owner needs to file a claim with the ASC, how does that work?
- 7:04Yes, and I hope none of your listeners are subject to mischief.
- 7:07I like that.
- 7:08AI does cause so much mischief these days, although it has some really great uses, but
- 7:13for us.
- 7:14So if a homeowner or property owner has been subject to or received a call that their property
- 7:20has been listed, although the bill is not effective until October 1st, they can still
- 7:25contact us and we'll assist them, certainly, in either getting them to local law enforcement.
- 7:32We've already put a notice on our website, a summary of the bill, and there's a link
- 7:37to a copy of the bill.
- 7:38But after October 1st, we'll have a complaint process.
- 7:41So if they believe they've been harmed, contact us and we will help get them to the right
- 7:45person until the effective date of the new law.
- 7:48So the website, again, is ASC.alabama.gov.
- 7:53You mentioned earlier that AI is impersonating voices.
- 7:57So what do we do?
- 7:59It's so hard to know now because fraudsters can take audio bytes from anywhere on the
- 8:05internet.
- 8:06And I can promise you there's a sound byte for anyone that's ever clicked on anything
- 8:10online or been on social media.
- 8:13So we encourage everyone, pick up the phone and call the individual directly just to confirm
- 8:18or verify the identity, especially if it purports to be a professional.
- 8:23And certainly, if they're asking you for personal information or financial information, hang
- 8:28up and call your financial professional or sometimes it's a medical office that purports
- 8:33to call to collect personal information or identifying information, but hang up and call
- 8:39directly to verify.
- 8:40Or if it's a local business, drive to the local business and go in for yourself.
- 8:45And that's a sure way to verify identity if you're standing face to face with the person
- 8:50that has purportedly contacted you.
- 8:53That is valuable advice.
- 8:55Amanda, thank you for joining us today.
- 8:58Thank you.
- 8:59Always enjoy talking with you, Carolyn.
- 9:00That was Amanda Sen, Director of the Alabama Securities Commission.
- 9:05More information about the Alabama Property Protection Act can be found at the ASC.alabama.gov
- 9:12website.
- 9:14One useful tool for investors is to check out the Scam Alert section under Investor
- 9:21Education on that website.
- 9:24Thanks for joining us today for The Exchange from In Focus, which is a podcast wherever
- 9:30you get your podcasts.
- 9:32I'm Carolyn Hutcheson, and this is listener-supported Troy Public Radio.