ALABAMA PROPERTY PROTECTION ACT EFFECTIVE OCTOBER 1, 2026

By: Hayes Ellett, Area Counsel, Fidelity National Financial

Quick Summary of What Settlement Agents Need to Know

Trigger:

• Only for Class III property, vacant or non-owner-occupied and unencumbered property

Document Validation:

• Unexpired government ID with photo, name and address
• Check expiration, photo, security features and alteration
• Confirm deed, recorder records or title history match the seller

Identify Verification Tools:

• Match the person to the ID, in person or by live video if remote
• Corroborate against public or private data sources
• Use a verification service: CertifID, ClosingLock, Qualia Clear and/or your underwriter’s system
• Confirm representative authority and wire instructions by known number

Document the Decision:

• Record the validation and verification methods used
• Note discrepancies and how each was resolved
• Save service reports and screenshots to the file
• Retain the full compliance record for five years

Listen to your Gut:

• Notify your underwriter if any questions and don’t hesitate to stop the transaction if identity or ownership does not align

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