Code of Alabama

Ala. Code § 32-8-61 (2026)

Perfection of Security Interests.

✓ official Alabama Legislature (ALISON) text, current July 2026

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(a) Unless excepted by this section, a security interest in a vehicle 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 vehicle unless perfected as provided in this article.

(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 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.

(Acts 1973, No. 765, p. 1147, §19; Acts 1977, No. 252, p. 329, §2; Acts 1981, No. 81-312, p. 399, §7-11-109(2); Acts 1987, No. 87-412, p. 606; Act 2001-313, p. 405, §1.)

Notes of Decisions

Cited in 24 cases (1 in the last 5 years), 1979–2022 · leading case: In re Riddlesprigger, 603 B.R. 824 (2019).

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In re Riddlesprigger, 603 B.R. 824 (2019). · cites it 2× “Ala. Code 32-8-61 ; In re Jones , 544 B.R.”

Mattheiss v. Title Loan Express (In Re Mattheiss), 214 B.R. 20 (Bankr. N.D. Ala. 1997). · cites it 8× “Code § 7-9-305 or on the title under the Ala.Code § 32-8-61. *29 While growth of the title pawn industry was a precipitating factor for passage of Alabama’s new pawnshop act, Section 5-19A-2(6) of the Pawnshop Act defines “Pledged goods” in the following way: Tangible personal…”

In Re Davis, 269 B.R. 914 (Bankr. M.D. Ala. 2001). · cites it 10× “Alabama Code § 32-8-61, provides as follows: (a) Unless excepted by this section, a security interest in a vehicle 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…”

In re Jones, 544 B.R. 692 (Bankr. M.D. Ala. 2016). · cites it 2× “CODE § 32-8-61. If delivery of the required documents and fee is proffered within 30 days of the creation of the security agreement, perfection of the security interest relates back to its creation; otherwise, it becomes perfected on the date of delivery.”

Geddes v. Mayhall Enter., LLC (In Re Jones), 304 B.R. 462 (N.D. Ala. 2003). · cites it 4× “Likewise, it can be argued that title pawns of automobiles are not governed by Ala.Code § 32-8-61 which requires secured parties to be noted on the certificate of title, but even if the Alabama Uniform Certificate of Title Act does apply to pawn transactions, this transaction…”

W.T. Vick Lumber Co. v. Chadwick (In Re W.T. Vick Lumber Co.), 179 B.R. 283 (Bankr. N.D. Ala. 1995). · cites it 5× “Code § 32-8-61 (1975)) controls the definition of “contemporaneous” for security interests perfected by certificate of title.”

Greene v. Assocs. (In Re Green), 248 B.R. 583 (Bankr. N.D. Ala. 2000). · cites it 6× “Ala. Code § 32-8-61 (1999). Between Greene and The Associates, the perfection of a security interest in the Mustang is not disputed.”

Southtrust Bank of Alabama v. Toffel (In Re Blackerby), 53 B.R. 649 (Bankr. N.D. Ala. 1985). · cites it 4× “The Bank properly perfected its security interest in the automobile by having its lien noted on the face of the certificate of title in compliance with Alabama Code Section 32-8-61 (1983). 1 The security agreement portion of the instrument evidencing Loan # 1 contained the…”

Green Tree — Al LLC v. Dominion Resources, L.L.C., 104 So. 3d 177 (Ala. Civ. App. 2011). · cites it 2× “Compliance with the certificate-of-title statute — specifically, former § 32-8-61 (b) and its successor § 32-20-41(b) — ensures the priority of the lien on the manufactured home over the owner or encumbrancer of the real property on which the manufactured home sits.”

Hepner v. AmeriCredit Fin. Servs., Inc. (In Re Baker), 338 B.R. 470 (Bankr.D. Colo. 2005). “, § 40-3-50(b)(2) (“The security interest is perfected as of the time of its creation if the initial delivery of the application or notice to the commissioner or local tag agent is completed within 20 days----”); Ala.Code § 32-8-61(b) (1975) (The security interest “is perfected…”

Rieser v. Randolph Cnty. Bank (In Re Masters), 137 B.R. 254 (Bankr. S.D. Ohio 1992). “In Alabama, under Ala.Code § 32-8-61(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 security…”

Patterson v. Spradlin (In Re Patterson), 185 B.R. 354 (Bankr. N.D. Ala. 1995). · cites it 2× “” The defendant failed to comply with section 32-8-61 in that the defendant effectuated a change in the Certificate of Title to his name after default.”

Show all 24 citing cases →

— Ala. Code § 32-8-61(a) — 4 cases

Greene v. Assocs. (In Re Green), 248 B.R. 583 (Bankr. N.D. Ala. 2000). “Ala. Code § 32-8-61 (1999). Between Greene and The Associates, the perfection of a security interest in the Mustang is not disputed.”

In Re Davis, 269 B.R. 914 (Bankr. M.D. Ala. 2001). “Alabama Code § 32-8-61, provides as follows: (a) Unless excepted by this section, a security interest in a vehicle 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…”

Shropshire v. Oakwood Acceptance Corp. (In Re Shropshire), 284 B.R. 145 (Bankr. N.D. Ala. 2002).

Harwell v. Warren (In re Warren), 20 B.R. 1 (Bankr. N.D. Ala. 1980).

— Ala. Code § 32-8-61(b) — 10 cases

In re Jones, 544 B.R. 692 (Bankr. M.D. Ala. 2016). “CODE § 32-8-61. If delivery of the required documents and fee is proffered within 30 days of the creation of the security agreement, perfection of the security interest relates back to its creation; otherwise, it becomes perfected on the date of delivery.”

W.T. Vick Lumber Co. v. Chadwick (In Re W.T. Vick Lumber Co.), 179 B.R. 283 (Bankr. N.D. Ala. 1995). “Code § 32-8-61 (1975)) controls the definition of “contemporaneous” for security interests perfected by certificate of title.”

Green Tree — Al LLC v. Dominion Resources, L.L.C., 104 So. 3d 177 (Ala. Civ. App. 2011). “Compliance with the certificate-of-title statute — specifically, former § 32-8-61 (b) and its successor § 32-20-41(b) — ensures the priority of the lien on the manufactured home over the owner or encumbrancer of the real property on which the manufactured home sits.”

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