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7-8-301
Section 7-8-301 Delivery. (a) Delivery of a certificated security to a purchaser occurs when:
(1) the purchaser acquires possession of the security certificate; (2) another person, other
than a securities intermediary, either acquires possession of the security certificate on
behalf of the purchaser or, having previously acquired possession of the certificate, acknowledges
that it holds for the purchaser; or (3) a securities intermediary acting on behalf of the
purchaser acquires possession of the security certificate, only if the certificate is in registered
form and is (i) registered in the name of the purchaser, (ii) payable to the order of the
purchaser, or (iii) specially indorsed to the purchaser by an effective indorsement and has
not been indorsed to the securities intermediary or in blank. (b) Delivery of an uncertificated
security to a purchaser occurs when: (1) the issuer registers the purchaser as the registered
owner, upon original issue or registration of transfer; or (2)...
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7-8-114
Section 7-8-114 Evidentiary rules concerning certificated securities. The following rules apply
in an action on a certificated security against the issuer: (1) Unless specifically denied
in the pleadings, each signature on a security certificate or in a necessary indorsement is
admitted. (2) If the effectiveness of a signature is put in issue, the burden of establishing
effectiveness is on the party claiming under the signature, but the signature is presumed
to be genuine or authorized. (3) If signatures on a security certificate are admitted or established,
production of the certificate entitles a holder to recover on it unless the defendant establishes
a defense or a defect going to the validity of the security. (4) If it is shown that a defense
or defect exists, the plaintiff has the burden of establishing that the plaintiff or some
person under whom the plaintiff claims is a person against whom the defense or defect cannot
be asserted. (Acts 1996, No. 96-742, p. 1241, §1.)...
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7-9A-338
Section 7-9A-338 Priority of security interest or agricultural lien perfected by filed financing
statement providing certain incorrect information. If a security interest or agricultural
lien is perfected by a filed financing statement providing information described in Section
7-9A-516(b)(5) which is incorrect at the time the financing statement is filed: (1) the security
interest or agricultural lien is subordinate to a conflicting perfected security interest
in the collateral to the extent that the holder of the conflicting security interest gives
value in reasonable reliance upon the incorrect information; and (2) a purchaser, other than
a secured party, of the collateral takes free of the security interest or agricultural lien
to the extent that, in reasonable reliance upon the incorrect information, the purchaser gives
value and, in the case of tangible chattel paper, tangible documents, goods, instruments,
or a security certificate, receives delivery of the collateral. (Act...
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35-8A-317
Section 35-8A-317 Other liens affecting the condominium. (a) Except as provided in subsection
(b), a judgment for money against the association if recorded is not a lien on the common
elements, but is a lien in favor of the judgment lienholder against all of the units in the
condominium at the time the judgment was entered. No other property of a unit owner is subject
to the claims of creditors of the association. (b) If the association has granted a security
interest in the common elements to a creditor of the association pursuant to Section 35-8A-312,
the holder of that security interest shall exercise its right against the common elements
before its judgment lien on any unit may be enforced. (c) Whether perfected before or after
the creation of the condominium, if a lien other than a deed of trust or mortgage, including
a judgment lien or lien attributable to work performed or materials supplied before creation
of the condominium, becomes effective against two or more units, the...
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35-8-17
Section 35-8-17 Liens in favor of association. The association shall have a lien on each unit
for any unpaid assessment duly made by the association for a share of common expenses, limited
common expenses or otherwise, together with interest thereon and, if authorized by the declaration
or bylaws, reasonable attorney's fees. Such lien shall be effective from and after the time
of recording in the public records of the county in which the unit is located of a claim of
lien stating the description of the unit, the name of the record owner, the amount due, and
the date when due. Such claim of lien shall include only sums which are due and payable when
the claim of lien is recorded and shall be signed and verified by an officer or agent of the
association. Upon full payment of all sums secured by the lien, the party making payment shall
be entitled to a recordable satisfaction of lien. All such liens shall be subordinate to any
lien for taxes, the lien of any mortgage of record, and any...
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7-8-208
Section 7-8-208 Effect of signature of authenticating trustee, registrar, or transfer agent.
(a) A person signing a security certificate as authenticating trustee, registrar, transfer
agent, or the like, warrants to a purchaser for value of the certificated security, if the
purchaser is without notice of a particular defect, that: (1) the certificate is genuine;
(2) the person's own participation in the issue of the security is within the person's capacity
and within the scope of the authority received by the person from the issuer; and (3) the
person has reasonable grounds to believe that the certificated security is in the form and
within the amount the issuer is authorized to issue. (b) Unless otherwise agreed, a person
signing under subsection (a) does not assume responsibility for the validity of the security
in other respects. (Acts 1965, No. 549, p. 811; repealed by Acts 1996, No. 96-742, p. 1241,
§1; added by Acts 1996, No. 96-742, p. 1241, §1.)...
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7-8-311
Section 7-8-311 (Effective Until January 1, 1997) Effect of unauthorized indorsement. Unless
the owner has ratified an unauthorized indorsement or is otherwise precluded from asserting
its ineffectiveness: (a) He may assert its ineffectiveness against the issuer or any purchaser
other than a purchaser for value and without notice of adverse claims who has in good faith
received a new, reissued or reregistered security on registration of transfer; and (b) An
issuer who registers the transfer of a security upon the unauthorized indorsement is subject
to liability for improper registration (Section 7-8-404). (Acts 1965, No. 549, p. 811.)...
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7-9A-310
Section 7-9A-310 When filing required to perfect security interest or agricultural lien; security
interests and agricultural liens to which filing provisions do not apply. (a) General rule:
Perfection by filing. Except as otherwise provided in subsection (b) and Section 7-9A-312(b),
a financing statement must be filed to perfect all security interests and agricultural liens.
(b) Exceptions: Filing not necessary. The filing of a financing statement is not necessary
to perfect a security interest: (1) that is perfected under Section 7-9A-308(d), (e), (f),
or (g); (2) that is perfected under Section 7-9A-309 when it attaches; (3) in property subject
to a statute, regulation, or treaty described in Section 7-9A-311(a); (4) in goods in possession
of a bailee which is perfected under Section 7-9A-312(d)(1) or (2); (5) in certificated securities,
documents, goods, or instruments which is perfected without filing, control, or possession
under Section 7-9A-312(e), (f), or (g); (6) in collateral...
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30-3-198
Section 30-3-198 Notice of lien. (a) The state Title IV-D agency, by or through any employee,
agent, or representative, shall file a notice of a lien against any real or personal property
of any noncustodial parent who resides or owns property in this state and owes past due child
support payments under 42 U.S.C.A. Section 666(a) (4) as follows: (i) liens against any real
property shall be filed in the office of the judge of probate where the real property is located;
(ii) liens against personal property, other than personal property subject to a certificate
of title, shall be filed in the office of the Secretary of State in the records where Uniform
Commercial Code financing statements are filed; and (iii) liens against personal property
which is subject to a certificate of title shall be filed in the office of the Alabama Department
of Revenue on such forms as may be prescribed by the Department of Revenue and upon delivery
to the Department of Revenue of the outstanding certificate...
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32-20-41
Section 32-20-41 Perfection of security interest. (a) Unless excepted by this section, a security
interest in a manufactured home for which a certificate of title is required by the terms
of this chapter is not valid against creditors of the owner or subsequent transferees or lienholders
of the manufactured home unless perfected as provided in this article or previously perfected
under the terms of Chapter 8 of this title. (b) A security interest is perfected by the delivery
to the department of the existing certificate of title, if any, an application for a certificate
of title containing the name and address of the lienholder and the date of his or her security
agreement and the required fee. It is perfected as of the time of its creation if the delivery
is completed within 30 days thereafter, otherwise, as of the time of the delivery. (Act 2009-746,
p. 2236, §4; Act 2017-442, §2 (b)(4).)...
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