Code of Alabama
Ala. Code § 7-9-102 (2026)
Policy and Subject Matter of Article.
✓ official Alabama Legislature (ALISON) text, current July 2026
Repealed by Act 2001-481, p. 647, § 4, effective January 1, 2002.
(Acts 1965, No. 549, p. 811; Acts 1981, No. 81-312, p. 399.)
Notes of Decisions
Cited in 26
cases, 1979–2006 · leading case: Wadsworth v. Yancey Bros. Co., 423 So. 2d 1343 (Ala. 1982).
Wadsworth v. Yancey Bros. Co., 423 So. 2d 1343 (Ala. 1982). “" Official Comment 2, Ala.Code § 7-9-102 (1975). The U.C.C. does not directly address the issue of the rights of the holder of chattel paper in the underlying collateral.”
Greene v. Assocs. (In Re Green), 248 B.R. 583 (Bankr. N.D. Ala. 2000). “” Ala. Code § 7-9-102 (l)(a) (1997). Section 7-9-105(1)(£) defines a “security agreement” to mean “an agreement which creates or provides for a security interest.”
Charles R. Hall Motors, Inc. v. Lewis, 137 F.3d 1280 (11th Cir. 1998). “” Ala.Code § 7-9-102(a) (1993); see Thompson, 550 F.”
Gen. Elec. Credit Corp. v. Strickland Div. of Rebel Lumber Co., 437 So. 2d 1240 (Ala. 1983). “" Those indicia did not support a finding that Terry was acting as Strickland's agent in selling the buildings, but, to the contrary, supported a finding that Strickland's "consignment agreement" was the functional equivalent of GECC's floor plan with Terry.”
Jester v. State, 668 So. 2d 822 (Ala. Civ. App. 1995). “" Ala. Code 1975, § 7-9-102(1)(a). "[T]he question of whether a security agreement is established calls for two independent inquiries which may be stated as follows: " 'The court must first resolve, as a question of law , whether the language embodied in the writing objectively…”
Rent-A-Ctr. v. Shelby (In Re Shelby), 127 B.R. 682 (Bankr. N.D. Ala. 1991). “(emnphasis added) The official comment to Ala. Code § 7-9-102 states very specifically: “When it is found that a security interest as defined in Section 7-1-201(37) was intended, this Article (Article 9 on secured transactions) applies regardless of the form of the transaction…”
Toomey Equip. Co. v. Com. CREDIT, ETC., 386 So. 2d 1155 (Ala. Civ. App. 1980). “" Furthermore, § 7-9-102 (1)(b) extends coverage to "any sale of accounts, contract rights or chattel paper.”
Mattheiss v. Title Loan Express (In Re Mattheiss), 214 B.R. 20 (Bankr. N.D. Ala. 1997). “Section § 7-9-102 is entitled Policy and subject matter of article: (1) Except as otherwise provided in Section 7-9-104 on excluded transactions, this article applies: (a) To any transaction (regardless of its form) which is intended to create a security interest in personal…”
Lawson State Cmty. Coll. v. First Cont'l Leasing Corp., 529 So. 2d 926 (Ala. 1988). “Code (1975), § 7-1-201 (37) and § 7-9-102. These sections establish that a "lease" allowing the lessee to purchase at a "nominal consideration" the subject-matter of the lease is to be considered a security agreement rather than a "true" lease.”
Yeager v. Gen. Motors Acceptance Corp., 719 So. 2d 210 (Ala. 1998). “Yeager claims that his automobile lease is a "transaction," as that word is used in § 7-9-102(1)(a), because, he says, the security deposit made pursuant to the automobile lease agreement was money deposited to secure payment of the amounts due under the lease agreement.”
Morgan v. Farmers & Merchants Bank, 856 So. 2d 811 (Ala. 2003). “" Ala. Code 1975, § 7-9-102(1) and (2): "(1) Except as otherwise provided in Section 7-9-104 on excluded transactions, this article applies: "(a) To any transaction (regardless of its form) which is intended to create a security interest in personal property or fixtures…”
Com. Union Bank v. John Deere Indus. Equip. Co., 387 So. 2d 787 (Ala. 1980). “Section 7-9-102, Code 1975, the scope provision for Article 9, states: (1) .”
— Ala. Code § 7-9-102(1) — 2 cases
Morgan v. Farmers & Merchants Bank, 856 So. 2d 811 (Ala. 2003). “" Ala. Code 1975, § 7-9-102(1) and (2): "(1) Except as otherwise provided in Section 7-9-104 on excluded transactions, this article applies: "(a) To any transaction (regardless of its form) which is intended to create a security interest in personal property or fixtures…”
Greene v. Assocs. (In Re Green), 248 B.R. 583 (Bankr. N.D. Ala. 2000). “” Ala. Code § 7-9-102 (l)(a) (1997). Section 7-9-105(1)(£) defines a “security agreement” to mean “an agreement which creates or provides for a security interest.”
— Ala. Code § 7-9-102(1)(a) — 4 cases
Jester v. State, 668 So. 2d 822 (Ala. Civ. App. 1995). “" Ala. Code 1975, § 7-9-102(1)(a). "[T]he question of whether a security agreement is established calls for two independent inquiries which may be stated as follows: " 'The court must first resolve, as a question of law , whether the language embodied in the writing objectively…”
Yeager v. Gen. Motors Acceptance Corp., 719 So. 2d 210 (Ala. 1998). “Yeager claims that his automobile lease is a "transaction," as that word is used in § 7-9-102(1)(a), because, he says, the security deposit made pursuant to the automobile lease agreement was money deposited to secure payment of the amounts due under the lease agreement.”
Sharer v. Creative Leasing, Inc., 612 So. 2d 1191 (Ala. 1993).
Gen. Elec. Credit Corp. v. Alford & Assoc., 374 So. 2d 1316 (Ala. 1979).
— Ala. Code § 7-9-102(1)(b) — 1 case
Wadsworth v. Yancey Bros. Co., 423 So. 2d 1343 (Ala. 1982). “" Official Comment 2, Ala.Code § 7-9-102 (1975). The U.C.C. does not directly address the issue of the rights of the holder of chattel paper in the underlying collateral.”
— Ala. Code § 7-9-102(2) — 6 cases
Greene v. Assocs. (In Re Green), 248 B.R. 583 (Bankr. N.D. Ala. 2000). “” Ala. Code § 7-9-102 (l)(a) (1997). Section 7-9-105(1)(£) defines a “security agreement” to mean “an agreement which creates or provides for a security interest.”
Wadsworth v. Yancey Bros. Co., 423 So. 2d 1343 (Ala. 1982). “" Official Comment 2, Ala.Code § 7-9-102 (1975). The U.C.C. does not directly address the issue of the rights of the holder of chattel paper in the underlying collateral.”
Jester v. State, 668 So. 2d 822 (Ala. Civ. App. 1995). “" Ala. Code 1975, § 7-9-102(1)(a). "[T]he question of whether a security agreement is established calls for two independent inquiries which may be stated as follows: " 'The court must first resolve, as a question of law , whether the language embodied in the writing objectively…”
In Re James Estil Atchison, Sr. & Ruth Atchison, Debtors. Merchants Bank v. James Estil Atchison, Sr. & Ruth Atchison, 832 F.2d 1236 (11th Cir. 1987).
Birmingham Trust Nat'l Bank v. Herren (In Re Herren), 10 B.R. 252 (Bankr. N.D. Ala. 1981).
— Ala. Code § 7-9-102(3) — 1 case
Crownover v. Turner (In Re Blackwell), 43 B.R. 398 (Bankr. N.D. Ala. 1984).
— Ala. Code § 7-9-102(5) — 1 case
Farmers Coop. of Ashford, Inc. v. People's Cmty. Bank of Ashford, 775 So. 2d 817 (Ala. Civ. App. 1998).
— Ala. Code § 7-9-102(a) — 1 case
Charles R. Hall Motors, Inc. v. Lewis, 137 F.3d 1280 (11th Cir. 1998). “” Ala.Code § 7-9-102(a) (1993); see Thompson, 550 F.”
— Ala. Code § 7-9-102(l)(a) — 4 cases
Greene v. Assocs. (In Re Green), 248 B.R. 583 (Bankr. N.D. Ala. 2000). “” Ala. Code § 7-9-102 (l)(a) (1997). Section 7-9-105(1)(£) defines a “security agreement” to mean “an agreement which creates or provides for a security interest.”
White v. Dawson (In Re Dawson), 52 B.R. 444 (Bankr. N.D. Ala. 1984).
Southtrust Bank of Alabama v. Toffel (In Re Blackerby), 53 B.R. 649 (Bankr. N.D. Ala. 1985).
Crownover v. Turner (In Re Blackwell), 43 B.R. 398 (Bankr. N.D. Ala. 1984).
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