Code of Alabama

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7-1-201
in size than the surrounding text, or in contrasting type, font, or color to the surrounding
text of the same or lesser size; and (B) Language in the body of a record or display in larger
type than the surrounding text, or in contrasting type, font, or color to the surrounding
text of the same size, or set off from surrounding text of the same size by symbols or other
marks that call attention to the language. (11) "Consumer" means an individual who
enters into a transaction primarily for personal, family, or household purposes. (12)
"Contract," as distinguished from "agreement," means the total legal obligation
that results from the parties' agreement as determined by this title as supplemented by any
other applicable laws. (13) "Creditor" includes a general creditor, a secured creditor,
a lien creditor, and any representative of creditors, including an assignee for the benefit
of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator
of an...
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32-8-2
Section 32-8-2 Definitions. For the purpose of this chapter, the following terms shall have
the meanings respectively ascribed to them in this section, except where the context clearly
indicates a different meaning: (1) CURRENT ADDRESS. A new address different from the address
shown on the application or on the certificate of title. The owner, within 30 days after the
address is changed from that shown on the application or on the certificate of title, shall
notify the department of the change of address in the manner prescribed by the department.
(2) DEALER. A person licensed as an automobile or motor vehicle dealer, or travel trailer
dealer and engaged regularly in the business of buying, selling, or exchanging motor vehicles,
trailers, semitrailers, trucks, tractors or other character of commercial or industrial motor
vehicles, or travel trailers in this state, and having in this state an established place
of business. (3) DEPARTMENT. The Department of Revenue of this state. (4)...
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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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7-9A-703
Section 7-9A-703 Security interest perfected before January 1, 2002. (a) Continuing priority
over lien creditor: Perfection requirements satisfied. A security interest that is enforceable
immediately before January 1, 2002, and would have priority over the rights of a person that
becomes a lien creditor at that time is a perfected security interest under this article if,
on January 1, 2002, the applicable requirements for enforceability and perfection under this
article are satisfied without further action. (b) Continuing priority over lien creditor:
Perfection requirements not satisfied. Except as otherwise provided in Section 7-9A-705, if,
immediately before January 1, 2002, a security interest is enforceable and would have priority
over the rights of a person that becomes a lien creditor at that time, but the applicable
requirements for enforceability or perfection under this article are not satisfied on January
1, 2002, the security interest: (1) is a perfected security interest...
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7-9A-324
Section 7-9A-324 Priority of purchase-money security interests. (a) General rule: Purchase-money
priority. Except as otherwise provided in subsection (g), a perfected purchase-money security
interest in goods other than inventory or livestock has priority over a conflicting security
interest in the same goods, and, except as otherwise provided in Section 7-9A-327, a perfected
security interest in its identifiable proceeds also has priority, if the purchase-money security
interest is perfected when the debtor receives possession of the collateral or within 20 days
thereafter. (b) Inventory purchase-money priority. Subject to subsection (c) and except as
otherwise provided in subsection (g), a perfected purchase-money security interest in inventory
has priority over a conflicting security interest in the same inventory, has priority over
a conflicting security interest in chattel paper or an instrument constituting proceeds of
the inventory and in proceeds of the chattel paper, if so...
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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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7-9A-311
Section 7-9A-311 Perfection of security interests in property subject to certain statutes,
regulations, and treaties. (a) Security interest subject to other law. Except as otherwise
provided in subsection (d), the filing of a financing statement is not necessary or effective
to perfect a security interest in property subject to: (1) a statute, regulation, or treaty
of the United States whose requirements for a security interest's obtaining priority over
the rights of a lien creditor with respect to the property preempt Section 7-9A-310(a); (2)
Chapter 8 or Chapter 20 of Title 32 or another statute of this state which provides for a
security interest to be indicated on a certificate of title as a condition or result of the
security interest's obtaining priority over the rights of a lien creditor with respect to
the collateral, or any central filing system created by another statute of this state governing
perfection of a security interest in collateral that is subject to this article;...
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7-9A-313
Section 7-9A-313 When possession by or delivery to secured party perfects security interest
without filing. (a) Perfection by possession or delivery. Except as otherwise provided in
subsection (b), a secured party may perfect a security interest in tangible negotiable documents,
goods, instruments, money, or tangible chattel paper by taking possession of the collateral.
A secured party may perfect a security interest in certificated securities by taking delivery
of the certificated securities under Section 7-8-301. (b) Goods covered by certificate of
title. With respect to goods covered by a certificate of title issued by this State, a secured
party may perfect a security interest in the goods by taking possession of the goods only
in the circumstances described in Section 7-9A-316(d). (c) Collateral in possession of person
other than debtor. With respect to collateral other than certificated securities and goods
covered by a document, a secured party takes possession of collateral in...
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7-9A-320
of business. Except as otherwise provided in subsection (e), a buyer in ordinary course of
business, other than a person buying farm products from a person engaged in farming operations,
takes free of a security interest created by the buyer's seller, even if the security interest
is perfected and the buyer knows of its existence. (b) Buyer of consumer goods. Except as
otherwise provided in subsection (e), a buyer of goods from a person who used or bought the
goods for use primarily for personal, family, or household purposes takes free of a
security interest, even if perfected, if the buyer buys: (1) without knowledge of the security
interest; (2) for value; (3) primarily for the buyer's personal, family, or household
purposes; and (4) before the filing of a financing statement covering the goods. (c) Effectiveness
of filing for subsection (b). To the extent that it affects the priority of a security interest
over a buyer of goods under subsection (b), the period of effectiveness...
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7-9A-507
Section 7-9A-507 Effect of certain events on effectiveness of financing statement. (a) Disposition.
A filed financing statement remains effective with respect to collateral that is sold, exchanged,
leased, licensed, or otherwise disposed of and in which a security interest or agricultural
lien continues, even if the secured party knows of or consents to the disposition. (b) Information
becoming seriously misleading. Except as otherwise provided in subsection (c) and Section
7-9A-508, a financing statement is not rendered ineffective if, after the financing statement
is filed, the information provided in the financing statement becomes seriously misleading
under Section 7-9A-506. (c) Change in debtor's name. If the name that a filed financing statement
provides for a debtor becomes insufficient as the name of the debtor under Section 7-9A-503(a)
so that the financing statement becomes seriously misleading under Section 7-9A-506: (1) the
financing statement is effective to perfect a...
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