The Marshall County Probate Records and Recording Division offers the R.E.A.A.C.T. (Real Estate Activity Alert and Contact Tool) Program as a free service to alert property owners of potential property fraud. An email notification will be sent within 24 hours to subscribers when a deed, mortgage, lien, or other county-specified land record with subscriber's registered name on it has been recorded in the Probate Records and Recording Division official records.
What is Property Fraud?
According to the FBI, property fraud is one of the fastest growing white-collar crimes. Deed fraud can occur when someone records a fraudulent document in the official records, apparently changing the ownership of a property. Fraudulent mortgages and liens could also be recorded with respect to a property.
Often, this type of fraud can go undetected if the property owner does not periodically check the official records. Although checking does not prevent the actual fraudulent activity from taking place, it does provide an early warning of what may have otherwise gone undetected.
The Marshall County Probate Records and Recording Division may only review requirements for recording a document and has no authority to refuse to record a properly prepared document, even if the document may be fraudulent.
Even if proven fraudulent, no document can be removed from the official records without a judge's order from the courts.
Sign up
- Visit the R.E.A.A.C.T. Program registration page
- Enter your name and email address.
- Middle name is optional, but if supplied the R.E.A.A.C.T. program will look for instruments recorded with and without the middle name and with or without your middle initial.
- Select the Send Confirmation Email button.
- Click the link in the confirmation email to complete the verification process.
You may repeat the registration process as many times as needed for personal names or variations of names per email address. You may unregister at any time by following the same registration process, and you will receive an email to complete the alert removal.
- If You Receive an Alert
- If you receive an email notification from "R.E.A.A.C.T. Alert," a document has been recorded that matches the name you registered. You can view the document to confirm if it is potential fraud or another type of record.
- The alert will provide you with the document's information.
- Search Online to view the document.
- ACT QUICKLY!
- If you suspect you are a victim of fraud, contact the Marshall County Sheriff's Office at (256)-582-2034 or your Local Enforcement Agency.
- Please consult an attorney to confirm your ownership in the property or to determine whether you need to take other appropriate legal action to reverse the fraudulent recording.
- Neither the Probate Court, Property Tax, or Appraisal offices can take legal action on your behalf to reverse the fraudulent activity. Therefore, you may want to consult an attorney to confirm your ownership in the property or take other appropriate action.
If you dispute a lien that has been recorded against your property, contact the lien filer.
- Warning Signs of Deed Fraud
When you receive a notification or become aware of:
- A recorded document on your property where you never signed the document or your signature was forged;
- A recorded document on your property where ownership in your property, or a portion thereof, was transferred or sold to another party without your knowledge;
- A recorded document on your property where the signer of the document was deceased at the time the document was executed;
- A loan was taken out on your property without your knowledge; and/or
- Changes or alterations were made to a recorded document after you signed it.
Also, if you:
- Stop receiving your property tax bill or notices;
- Receive a Notice of Default or Notice of Trustee's Sale when you own your own home outright (free and clear of a mortgage loan), or when you have a mortgage and you are not delinquent on your loan payments;
- Receive loan documents in the mail for a loan that was obtained without your knowledge; and/or
- Receive real estate documents in the mail for a transaction on your property that was conducted without your knowledge.
- What can a criminal/thief/scammer do with your home title/deed?
Illegally rent out the property and take regular monthly payments from unsuspecting tenants. The criminal could also put the home up as "rent-to-own" so the tenant believes he/she is paying off the home when really the criminal is just taking the tenant's money.
- Open a home equity line of credit (HELOC) in the victim's name. This type of loan fraud enables the thief to take out equity against the victim's home (and not make loan payments).
- Sell the home to a legitimate buyer and pocket the money. This is a common approach for unoccupied vacation homes or rental properties.
- Refinance the mortgage to case out the equity (known as a reverse mortgage scam). Quite often, this crime leaves the owners without a home. Worse still, the bank or mortgage lender will more than likely put a lien on the property, which could result in foreclosure.
Property Fraud FAQ
Why do fraudulent documents get recorded?
The Probate Court must record all documents that meet the requirements under Alabama law. If a document is properly executed and presented with payment, it is the responsibility of the Probate Records and Recording Division to record the document. The Probate Records and Recording Division has no legal authority to deny the filing of a document under Alabama law.
What is the R.E.A.A.C.T. ?
The R.E.A.A.C.T. (Real Estate Activity Alert and Contact Tool) Program is a free service offered by the Marshall County Probate Court Recording Office to help members of the public protect their property from fraud by monitoring the documents being recorded in the Probate Records and Recording Division.
How does this monitoring system work?
- Sign up for this free service online
- Enter the personal name to monitor
- Provide the email address where you would like to receive the alerts,
- Monitor additional names by repeating the process
- You will receive an alert promptly after any land, lien, deed or mortgage document is recorded in Marshall County matching the name(s) you choose to monitor
- This alert allows you to be informed of any recording activity taking place and to take timely action if you determine the activity is fraudulent.
Can I sign up even if I don't own property in Marshall County?
Yes, if a document is recorded with the name you choose to monitor, you will receive an alert.
Does this service alert me of documents being recorded in other counties?
No, this service only alerts subscribers of documents being recorded in the Marshall County Probate records.
If I have a common name, what will distinguish my alerts from another person's?
There is nothing that will distinguish one name from another. Therefore, a person with a common name, like Jim Jones, may receive alerts for documents recorded with the same name. View the document using our online Official Records search to determine if the recorded document is relevant to you or your property.
Can I include a middle name when entering a name to be monitored?
Yes, you can add a middle name. If you choose to do this, the R.E.A.A.C.T program will monitor your name with and without the middle name as well as with and without your middle initial.
How are people committing fraud in this way?
Fraud can be committed in a number of ways by recording documents in public records. For example, someone can create a fraudulent document that will deed your home to him/her/others and then record that document in the Official Records.
How can I sign up for this service?
Signing up is quick and easy! Simply follow these steps:
- Sign up for this free service online
- Click 'Continue' to begin the registration process
- Enter the name you would like to monitor
- Enter an email address you would like the alerts sent to
You may repeat the process to monitor additional names. If you entered an email address, you will receive a confirmation message.
What documents do I need to gather before signing up for this service?
The only information you need to provide is your first and last name along with your email address. Nothing else is needed when signing up for the service.
Is any special hardware or software needed to sign up online?
No, simply register online using your internet browser. All features of the Property Fraud Alert website have been verified to work with the following browsers:
- Internet Explorer — version 9 or greater
- Chrome — all versions
- Firefox — all versions
I received an alert – now what? How can I view the document?
The alert email will provide you with information pertaining to the document in the Marshall County Probate Court's official records. You can easily review the recording information online to determine if this document is of concern to you.
If you suspect you are a victim of fraud, contact law enforcement. You may also need to contact an attorney to determine whether you need to take legal action to undo the fraudulent recording.