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7-9A-333
Section 7-9A-333 Priority of certain liens arising by operation of law. (a) "Possessory
lien." In this section, "possessory lien" means an interest, other than a security
interest or an agricultural lien: (1) which secures payment or performance of an obligation
for services or materials furnished with respect to goods by a person in the ordinary course
of the person's business; (2) which is created by statute or rule of law in favor of the person;
and (3) whose effectiveness depends on the person's possession of the goods. (b) Priority
of possessory lien. A possessory lien on goods has priority over a security interest in the
goods unless the lien is created by a statute that expressly provides otherwise. (c) Priority
of landlord's lien. Priority conflicts between a landlord's lien for rent arising by operation
of law, other than an agricultural lien, and a security interest in goods brought on leased
premises shall be determined as follows: (1) If the security interest attaches after...
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11-40-62
Section 11-40-62 Definitions. As used in this article, the following words and phrases shall
have the following meanings: (1) INTERESTED PARTY. Includes the following parties: a. The
person who last appears as owner of the real property in the county office of the judge of
probate's property records. b. The current mortgagee of record of the property or assignee
of record of the mortgagee. c. The current holder of a beneficial interest in a deed of trust
recorded against the real property. d. A tax certificate holder. e. A tax sale purchaser that
holds a deed of purchase in accordance with Section 40-10-29. f. Any party having an interest
in the real property, or in any part thereof, legal or equitable, in severalty or as tenant
in common, whose identity and addresses are reasonably ascertainable from the records of the
Class 2 municipality or records maintained in the county office of the judge of probate or
as revealed by a full title search, consisting of 50 years or more. g. An...
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27-41-24
Section 27-41-24 Particular investments - Loans secured by pledges of securities or pledges
or assignments of life insurance policies. An insurer may invest in loans with a maturity
not in excess of five years from the date thereof which are secured by pledge of securities
eligible for investment under this chapter or by the pledge or assignment of life insurance
policies issued by insurers authorized to transact insurance in this state. On the date made,
no such loan shall exceed in amount 75 percent of the market value of the collateral pledged;
except, that loans upon the pledge of United States government bonds and loans upon the pledge
or assignment of life insurance policies shall not exceed 95 percent of the market value of
the bonds or the cash surrender value of the policies pledged. The amount so loaned shall
be included in the maximum amount of funds permitted under this chapter to be invested in
a single person. (Acts 1977, No. 408, p. 530, §24.)...
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35-10-90
Section 35-10-90 Short title; application; definitions. (a) This article shall be known as
the Alabama Residential Mortgage Satisfaction Act. This article applies only to mortgages
securing residential real property located in this state which is used primarily for personal,
family, or household purposes and is improved by one to four dwelling units. Without limitation,
this article does not apply to mortgages on commercial or other types of property. This article
also does not apply to a security interest exclusively in one or more fixtures as defined
in Title 7, Article 9A. (b) For purposes of this article, the following terms shall have the
following meanings: (1) ENTITLED PERSON. The person or persons liable for payment or performance
of the obligation secured by the real property described in a security instrument. (2) EQUITY
LINE SECURITY INSTRUMENT. A security instrument securing, in whole or in part, indebtedness
created under a line of credit, a revolving or open-end credit...
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40-29-30
Section 40-29-30 Legal effect of certificate of sale of personal property and deed of real
property. (a) Certificate of sale of property other than real property. In all cases of a
sale of property (other than real property) pursuant to Section 40-29-26, the certificate
of such sale: (1) AS EVIDENCE. Shall be prima facie evidence of the right of the officer to
make such sale, and conclusive evidence of the regularity of his proceedings in making the
sale; and (2) AS CONVEYANCES. Shall transfer to the purchaser all right, title, and interest
of the party delinquent in and to the property sold; and (3) AS AUTHORITY FOR TRANSFER OF
CORPORATE STOCK. If such property consists of stocks, shall be notice when received, to any
corporation, company, or association of such transfer, and shall be authority to such corporation,
company, or association to record the transfer on its books and records in the same manner
as if the stocks were transferred or assigned by the party holding the same, in...
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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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10A-2-7.33
Section 10A-2-7.33 Corporation without notice of infancy may treat infant as having capacity
to vote, transfer, etc. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE JANUARY
1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. A corporation may treat an infant who
holds stock or other securities of the corporation in his or her own name as having capacity
to vote or to give consent in person or by proxy in respect thereof, to transfer and to convey
the same and to make elections and exercise rights relating to the stock or securities, unless
the corporation has notice of the infancy by delivery to it or to its transfer agent of a
written notice stating that the holder is an infant. (Acts 1957, No. 546, p. 766, §1; §10-6-1;
amended and renumbered by Act 2009-513, p. 967, §114.)...
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41-14-35
Section 41-14-35 Security for deposits or accounts. (a) All public deposits, as defined in
Chapter 14A, of the state shall be secured to the extent and in the manner provided in Chapter
14A by any combination of the following securities and instruments, which may be issued and
held in either definitive or book-entry form: Direct obligations of the State of Alabama or
any other state of the United States; obligations of the United States government or that
are fully guaranteed as to payment of principal and interest by the United States; obligations
issued or guaranteed by any agency or instrumentality of the United States, including, without
limitation, the Government National Mortgage Association or any successor thereto, any Federal
Farm Credit Bank or any successor thereto, the Federal Housing Finance Board or any successor
thereto, the Federal Home Loan Bank System or any successor thereto, or any Federal Home Loan
Bank or any successor thereto; debt obligations, including, without...
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8-3-13
Section 8-3-13 Surety may require creditor to bring action against principal; discharge of
surety upon failure to bring action. (a) A surety upon any contract for the payment of money
or for the delivery or payment of personal property may require the creditor or anyone having
the beneficial interest in the contract, by notice in writing, to bring an action thereon
against the principal debtor or against any cosurety to such contract. (b) If an action is
not brought thereon in three months after the receipt of such notice and prosecuted with diligence
according to the ordinary course of law, the surety giving such notice is discharged from
all liability as surety or his aliquot proportion of the debt, as the case may be. (c) One
surety may give the notice in behalf of his cosureties. (d) The remedy secured by this section
does not apply to bonds or other contracts with collateral conditions, nor to the bonds of
executors, administrators, guardians, or public officers. (Code 1852,...
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32-20-32
Section 32-20-32 Involuntary transfer of interest. (a) If the interest of an owner in a manufactured
home passes to another other than by voluntary transfer, the transferee, except as hereinafter
provided in subsection (b), shall promptly mail or deliver to a designated agent the last
certificate of title, if available, and proof of the transfer, together with his or her application
for a new certificate in the form the department prescribes. If the interest of an owner in
a manufactured home passes to another other than by voluntary transfer, and the manufactured
home is permanently affixed to the real property and the owner of the manufactured home and
the real property are the same then the transferee, except as hereinafter provided in subsection
(b), shall promptly mail or deliver to a designated agent the last certificate of title, if
available, and proof of the transfer, together with his or her application for a certificate
of cancellation in the form the department prescribes....
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