32-20-25
Section 32-20-25 Issuance of certificate. (a) The department shall examine each application received and, when satisfied that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title to the manufactured home on the form prescribed by the department. (b) The department shall maintain a record of all certificates of title issued pursuant to the provisions of this chapter: (1) Under a distinctive title number assigned to the manufactured home. (2) Under the manufactured home identification number. (3) Under the name of the owner. (4) In the discretion of the department, by any other method the department determines. (Act 2009-746, p. 2236, §4.)...
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32-8-63
Section 32-8-63 Assignment by lienholder. (a) A lienholder may assign, absolutely or otherwise, his security interest in the vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the lienholder as the holder of the security interest and the lienholder remains liable for any obligations as lienholder until the assignee is named as lienholder on the certificate in the manner prescribed by the department. (b) The department shall file each assignment received by the department with the required fee, and note the assignee as lienholder upon the record of notices of security interests maintained by the department. (Acts 1973, No. 765, p. 1147, §21.)...
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32-20-21
Section 32-20-21 Issuance excluded. No certificate of title shall be issued for any of the following: (1) A manufactured home owned by the United States or any agency thereof. (2) A manufactured home owned by a manufacturer or licensed manufactured home dealer and held for sale. (3) A manufactured home owned by a nonresident of this state and not located in this state. (4) Manufactured homes designated 1999 and prior year models. (5) Modular homes. (6) A manufactured home situated in this state and permanently affixed to the real property on which it is placed and for which the certificate of title or the manufacturer's certificate of origin has been cancelled pursuant to subsection (b) of Section 32-20-20. (7) Any other manufactured homes as prescribed by the department. (Act 2009-746, p. 2236, §4; Act 2019-239, §1.)...
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32-20-28
Section 32-20-28 Grounds for refusal. The department shall refuse issuance of certificate of title if any required fee is not paid or if the department has reasonable grounds to believe that one of the following exists: (1) The applicant is not the owner of the manufactured home. (2) The application contains a false or fraudulent statement. (3) The applicant fails to furnish required information or documents or any additional information the department reasonably requires. (Act 2009-746, p. 2236, §4.)...
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32-8-67
Section 32-8-67 Filing and recording of notices of security interests; examination of record. (a) The department shall file each notice of security interest received by the department with the required fee and maintain a record of all notices of security interests filed by the department: (1) Alphabetically, under the name of the owner; (2) Under the vehicle identification number; (3) Under the certificate of title number; and (4) In the discretion of the department, by any other method it determines. (b) The department before issuing or reissuing a certificate of title shall check the name of the owner and the certificate of title number of the vehicle against the record provided for in subsection (a). (Acts 1973, No. 765, p. 1147, §30.)...
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32-8-68
Section 32-8-68 Recording and releasing security interests by electronic means. Notwithstanding any requirement in this chapter that a lien on a motor vehicle shall be noted on the face of the certificate of title, if there is one lien or more liens or encumbrances on the motor vehicle, the department may electronically transmit the lien to the first lienholder and notify the first lienholder of any additional liens. Subsequent lien satisfactions may be electronically transmitted to the department and shall include the name and address of the person satisfying the lien. If liens and lien releases are processed electronically and the last lien is satisfied, a title will be issued to the owner of the vehicle in a manner prescribed by the department. When a vehicle is subject to an electronic lien, the certificate of title for the vehicle shall be considered to be physically held by the lienholder for purposes of compliance with state or federal odometer disclosure requirements. A duly...
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35-12A-4
Section 35-12A-4 Notice to lienholders. A manufactured dwelling community owner shall also give a copy of the notice described in Section 35-12A-5 by certified or registered mail verified by return receipt to any lienholder of the manufactured dwelling as shown on the records of the office of the judge of probate in the county in which the manufactured dwelling is located, the Alabama Department of Revenue, or the Secretary of State. For purposes of this chapter, "lienholder" includes the holder of a security interest, mortgage, or other lien on the manufactured dwelling and "lien" includes a security interest, mortgage, or other lien. (Act 2003-516, 2nd Sp. Sess., p. 1537, §1; Act 2014-167, p. 475, §1.)...
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32-8-49
Section 32-8-49 Suspension or revocation of certificates. (a) The department shall suspend or revoke a certificate of title, subject to the appeal provisions of Chapter 2A of Title 40, when authorized by any other provision of law or if it finds: (1) The certificate of title was fraudulently procured or erroneously issued; or (2) The vehicle has been scrapped, dismantled or destroyed. (b) Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it. (c) When the department suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the department. (d) Should any person fail to comply with the provisions of subsection (c) of this section the department shall seize and impound the certificate of title which has been revoked. It shall also be the duty of any peace officer, on notification to...
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32-8-60
Section 32-8-60 Excepted liens and security interests. This chapter does not apply to or affect any of the following: (1) A lien given by statute or rule of law to a supplier of services or materials for the vehicle. (2) A lien given by statute to the United States, this state, or any political subdivision of this state. (3) A security interest in a vehicle created by a manufacturer or dealer who holds the vehicle for sale, but a buyer in the ordinary course of trade from the manufacturer or dealer takes title free of the security interest. (4) A lien on a utility trailer exempted under this chapter when the lien was created or established on or after January 1, 2004. (5) A lien on a manufactured home exempted under this chapter when the lien was created or established on or after January 1, 2010. (Acts 1973, No. 765, p. 1147, §18; Act 2003-345, p. 870, §1; Act 2009-746, p. 2236, §2.)...
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7-9A-334
Section 7-9A-334 Priority of security interests in fixtures and crops. (a) Security interest in fixtures under this article. A security interest under this article may be created in goods that are fixtures or may continue in goods that become fixtures. A security interest does not exist under this article in ordinary building materials incorporated into an improvement on land. (b) Security interest in fixtures under real-property law. This article does not prevent creation of an encumbrance upon fixtures under real property law. (c) General rule: Subordination of security interest in fixtures. In cases not governed by subsections (d) through (h), a security interest in fixtures is subordinate to a conflicting interest of an encumbrancer or owner of the related real property other than the debtor. (d) Fixtures purchase-money priority. Except as otherwise provided in subsection (h), a perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or...
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