Code of Alabama

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7-9A-619
Section 7-9A-619 Transfer of record or legal title. (a) "Transfer statement." In
this section, "transfer statement" means a record authenticated by a secured party
stating: (1) that the debtor has defaulted in connection with an obligation secured by specified
collateral; (2) that the secured party has exercised its post-default remedies with respect
to the collateral; (3) that, by reason of the exercise, a transferee has acquired the rights
of the debtor in the collateral; and (4) the name and mailing address of the secured party,
debtor, and transferee. (b) Effect of transfer statement. A transfer statement entitles the
transferee to the transfer of record of all rights of the debtor in the collateral specified
in the statement in any official filing, recording, registration, or certificate-of-title
system covering the collateral. If a transfer statement is presented with the applicable fee
and request form to the official or office responsible for maintaining the system, the...

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7-9A-518
Section 7-9A-518 Claim concerning inaccurate or wrongfully filed record. (a) Statement with
respect to record indexed under person's name. A person may file in the filing office an information
statement with respect to a record indexed there under the person's name if the person believes
that the record is inaccurate or was wrongfully filed. (b) Contents of statement under subsection
(a). An information statement under subsection (a) must: (1) identify the record to which
it relates by the file number assigned to the initial financing statement to which the record
relates; (2) indicate that it is an information statement; and (3) provide the basis for the
person's belief that the record is inaccurate and indicate the manner in which the person
believes the record should be amended to cure any inaccuracy or provide the basis for the
person's belief that the record was wrongfully filed. (c) Statement by secured party of record.
A person may file in the filing office an information...
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7-9A-320
Section 7-9A-320 Buyer of goods; Alabama Farmers Credit Protection Fund. (a) Buyer in ordinary
course 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...
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40-22-2
Section 40-22-2 Mortgages, deeds of trust, etc., generally. No mortgage, deed of trust, contract
of conditional sale, or other instrument of like character which is given to secure the payment
of any debt which conveys any real or personal property situated within this state or any
interest therein or any security agreement or financing statement provided for by the Uniform
Commercial Code, except a security agreement or a financing statement relating solely to security
interests in accounts, contract rights, or general intangibles, as such terms are defined
in the Uniform Commercial Code, and except for the re-recordation of corrected mortgages,
deeds, or instruments executed for the purpose of perfecting the title to real or personal
property, specifically, but not limited to, corrections of maturity dates thereof, shall be
received for record or for filing in the office of any probate judge of this state unless
the following privilege or license taxes shall have been paid upon such...
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7-9A-312
Section 7-9A-312 Perfection of certain security interests by filing; temporary perfection.
(a) Perfection by filing permitted. A security interest in chattel paper, negotiable documents,
instruments, or investment property may be perfected by filing. (b) Control or possession
of certain collateral. Except as otherwise provided in Section 7-9A-315(c) and (d) for proceeds:
(1) a security interest in a deposit account may be perfected only by control under Section
7-9A-314; (2) and except as otherwise provided in Section 7-9A-308(d), a security interest
in a letter-of-credit right may be perfected only by control under Section 7-9A-314; and (3)
a security interest in money may be perfected only by the secured party's taking possession
under Section 7-9A-313. (c) Goods covered by negotiable document. While goods are in the possession
of a bailee that has issued a negotiable document covering the goods: (1) a security interest
in the goods may be perfected by perfecting a security interest...
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35-11-46
Section 35-11-46 Duties of filing officer. (a) If a notice of a federal lien, a refiling of
a notice of federal lien, or a notice of revocation of any certificate described in subsection
(b) is presented for filing, the filing officer shall cause the notice to be marked, held,
and indexed in accordance with the provisions of Section 7-9A-519 of the Uniform Commercial
Code, as if the notice were a financing statement within the meaning of that Code, and if
the filing officer is the judge of probate, the filing officer also shall cause the notice
to be cross-indexed in the real estate mortgage records under the name of the person against
whose interest the lien applies in the same fashion as if such person were the mortgagor in
a mortgage of real estate and also under the name of the person claiming the lien as if such
person were the mortgagee thereunder. (b) If a certificate of release, nonattachment, discharge,
or subordination of any lien is presented to the filing officer for...
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7-9A-523
Section 7-9A-523 Information from filing office; sale or license of records. (a) Acknowledgment
of filing written record. If a person that files a written record requests an acknowledgment
of the filing, the filing office shall send to the person an image of the record showing the
number assigned to the record pursuant to Section 7-9A-519(a)(1) and the date and time of
the filing of the record. However, if the person furnishes a copy of the record to the filing
office, the filing office may instead: (1) note upon the copy the number assigned to the record
pursuant to Section 7-9A-519(a)(1) and the date and time of the filing of the record; and
(2) send the copy to the person. (b) Acknowledgment of filing other record. If a person files
a record other than a written record, the filing office shall communicate to the person an
acknowledgment that provides: (1) the information in the record; (2) the number assigned to
the record pursuant to Section 7-9A-519(a)(1); and (3) the date and...
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7-9A-625
Section 7-9A-625 Remedies for secured party's failure to comply with article. (a) Judicial
orders concerning noncompliance. If it is established that a secured party is not proceeding
in accordance with this article, a court may order or restrain collection, enforcement, or
disposition of collateral on appropriate terms and conditions. (b) Damages for noncompliance.
Subject to subsections (c), (d), and (f), a person is liable for damages in the amount of
any loss caused by a failure to comply with this article. Loss caused by a failure to comply
may include loss resulting from the debtor's inability to obtain, or increased costs of, alternative
financing. (c) Persons entitled to recover damages; statutory damages in consumer-goods transaction.
Except as otherwise provided in Section 7-9A-628: (1) a person that, at the time of the failure,
was a debtor, was an obligor, or held a security interest in or other lien on the collateral
may recover damages under subsection (b) for its loss;...
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7-9A-628
Section 7-9A-628 Nonliability and limitation on liability of secured party; liability of secondary
obligor. (a) Limitation of liability of secured party for noncompliance with article. Unless
a secured party knows that a person is a debtor or obligor, knows the identity of the person,
and knows how to communicate with the person: (1) the secured party is not liable to the person,
or to a secured party or lienholder that has filed a financing statement against the person,
for failure to comply with this article; and (2) the secured party's failure to comply with
this article does not affect the liability of the person for a deficiency. (b) Limitation
of liability based on status as secured party. A secured party is not liable because of its
status as secured party: (1) to a person that is a debtor or obligor, unless the secured party
knows: (A) that the person is a debtor or obligor; (B) the identity of the person; and (C)
how to communicate with the person; or (2) to a secured party or...
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7-9A-709
Section 7-9A-709 Priority. (a) Law governing priority. This article determines the priority
of conflicting claims to collateral. However, if the relative priorities of the claims were
established before January 1, 2002, former Article 9 determines priority. (b) Priority if
security interest becomes enforceable under Section 7-9A-203. For purposes of Section 7-9A-322(a),
the priority of a security interest that becomes enforceable under Section 7-9A-203 of this
article dates from January 1, 2002 if the security interest is perfected under this article
by the filing of a financing statement before January 1, 2002, which would not have been effective
to perfect the security interest under former Article 9. This subsection does not apply to
conflicting security interests each of which is perfected by the filing of such a financing
statement. (Act 2001-481, p. 647, ยง1.)...
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