Code of Alabama
Ala. Code § 7-9-203 (2026)
Attachment and Enforceability of Security Interest; Proceeds; Formal Requisites.
✓ 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Repealed by Act 2001-481, p. 647, § 4, effective January 1, 2002.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; Acts 1995, No. 95-668, p. 1381, §4; Acts 1996, No. 96-742, p. 1241, §2.)
Notes of Decisions
Cited in 38
cases, 1979–2012 · leading case: Mattheiss v. Title Loan Express (In Re Mattheiss), 214 B.R. 20 (Bankr. N.D. Ala. 1997).
Mattheiss v. Title Loan Express (In Re Mattheiss), 214 B.R. 20 (Bankr. N.D. Ala. 1997). “Code § 7-9-203(1) provides the following: (1) Subject to the provisions of Section 7-4-210 on the security interest of a collecting bank and Section 7-9-113 on a security interest arising under the article on sales, or the article on leases, a security interest is not…”
Waters v. Union Bank of Repton, 370 So. 2d 957 (Ala. 1979). “This follows from the fact that between debtor and creditor, a security agreement is effective according to its terms under § 7-9-201 , if the provisions of § 7-9-203 and § 7-9-204 are met. Section 7-9-203 provides in pertinent part that: [A] security interest is not enforceable…”
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). “1976) (quoting Ala.Code § 7-9-203 comment 5 (1984)), aff'd sub nom.”
Southtrust Bank of Alabama v. Toffel (In Re Blackerby), 53 B.R. 649 (Bankr. N.D. Ala. 1985). “Code Section 7-9-203 (1984). 3 . The fact that Loan # 2 was expressly made on an unsecured basis provides an alternative basis for the Court's ruling on this point.”
Ledbetter v. Darwin Dobbs Co., Inc., 473 So. 2d 197 (Ala. Civ. App. 1985). “For the bank's security interest to attach, thereby becoming enforceable against the debtor or third parties, the bank must have a signed security agreement which adequately describes the vehicle, § 7-9-203 (1)(a), value must have been given, § 7-9-203 (1)(b), and Ledbetter must…”
Hoc, Inc. v. McAllister, 211 B.R. 976 (N.D. Ala. 1997). “Under the applicable portions of Ala.Code 1975, § 7-9-203(1), a security agreement is enforceable if (a) the debtor has signed a written security agreement, and (b) value has been given by the secured party for the security interest and the debtor has acquired rights in the…”
Baxter v. SouthTrust Bank of Dothan, 584 So. 2d 801 (Ala. 1991). “See Ala. Code 1975, § 7-9-203(1). There was no conversion of Baxter's property, for SouthTrust took possession of no fixtures or personal property that Baxter either owned or had any right to possess.”
In Re McAllister, 211 B.R. 976 (N.D. Ala. 1997). “Under the applicable portions of Ala.Code 1975, § 7-9-203(1), a security agreement is enforceable if (a) the debtor has signed a written security agreement, and (b) value has been given by the secured party for the security interest and the debtor has acquired rights in the…”
HOC, Inc. v. McAllister (In re McAllister), 215 B.R. 217 (Bankr. N.D. Ala. 1996). “Ala.Code 1975, § 7-9-203(1), a security agreement, is enforceable if (a) the debtor has signed a written security agreement, (b) value has been given by the secured party for the security interest and (c) the debtor has acquired rights in the collateral.”
In Re Jones, 206 B.R. 569 (Bankr. M.D. Ala. 1997). “2 Alabama Code section 7-9-203. (1975) defines such an interest as created when “the collateral is in the possession of the secured party pursuant to agreement, .”
State v. Pressley, 100 So. 3d 1058 (Ala. Civ. App. 2012). “In Jester , this court did not dwell on the requirement that a security agreement be written because, in that case, the father and son had executed a written agreement that complied with the requirements of the Article 9 statute of frauds, former § 7-9-203, Ala.Code 1975…”
Gen. Elec. Credit Corp. v. Strickland Div. of Rebel Lumber Co., 437 So. 2d 1240 (Ala. 1983). “Therefore, we feel that Strickland's consignment agreement was an attempt to create a security interest and, therefore, was governed by Article 9 of the U.”
— Ala. Code § 7-9-203(1) — 15 cases
Mattheiss v. Title Loan Express (In Re Mattheiss), 214 B.R. 20 (Bankr. N.D. Ala. 1997). “Code § 7-9-203(1) provides the following: (1) Subject to the provisions of Section 7-4-210 on the security interest of a collecting bank and Section 7-9-113 on a security interest arising under the article on sales, or the article on leases, a security interest is not…”
Baxter v. SouthTrust Bank of Dothan, 584 So. 2d 801 (Ala. 1991). “See Ala. Code 1975, § 7-9-203(1). There was no conversion of Baxter's property, for SouthTrust took possession of no fixtures or personal property that Baxter either owned or had any right to possess.”
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). “1976) (quoting Ala.Code § 7-9-203 comment 5 (1984)), aff'd sub nom.”
Patterson v. Spradlin (In Re Patterson), 185 B.R. 354 (Bankr. N.D. Ala. 1995).
State v. Pressley, 100 So. 3d 1058 (Ala. Civ. App. 2012). “In Jester , this court did not dwell on the requirement that a security agreement be written because, in that case, the father and son had executed a written agreement that complied with the requirements of the Article 9 statute of frauds, former § 7-9-203, Ala.Code 1975…”
— Ala. Code § 7-9-203(1)(a) — 2 cases
In Re McAllister, 211 B.R. 976 (N.D. Ala. 1997). “Under the applicable portions of Ala.Code 1975, § 7-9-203(1), a security agreement is enforceable if (a) the debtor has signed a written security agreement, and (b) value has been given by the secured party for the security interest and the debtor has acquired rights in the…”
Ex Parte People's Cmty. Bank of Ashford, 775 So. 2d 819 (Ala. 2000).
— Ala. Code § 7-9-203(3) — 1 case
Walls v. Gen. Motors Acceptance Corp., 602 So. 2d 414 (Ala. Civ. App. 1992).
— Ala. Code § 7-9-203(4) — 1 case
In Re Jones, 206 B.R. 569 (Bankr. M.D. Ala. 1997). “2 Alabama Code section 7-9-203. (1975) defines such an interest as created when “the collateral is in the possession of the secured party pursuant to agreement, .”
— Ala. Code § 7-9-203(a) — 1 case
Mattheiss v. Title Loan Express (In Re Mattheiss), 214 B.R. 20 (Bankr. N.D. Ala. 1997). “Code § 7-9-203(1) provides the following: (1) Subject to the provisions of Section 7-4-210 on the security interest of a collecting bank and Section 7-9-113 on a security interest arising under the article on sales, or the article on leases, a security interest is not…”
— Ala. Code § 7-9-203(b) — 1 case
Southtrust Bank of Alabama v. Toffel (In Re Blackerby), 53 B.R. 649 (Bankr. N.D. Ala. 1985). “Code Section 7-9-203 (1984). 3 . The fact that Loan # 2 was expressly made on an unsecured basis provides an alternative basis for the Court's ruling on this point.”
— Ala. Code § 7-9-203(l)(a) — 7 cases
Hoc, Inc. v. McAllister, 211 B.R. 976 (N.D. Ala. 1997). “Under the applicable portions of Ala.Code 1975, § 7-9-203(1), a security agreement is enforceable if (a) the debtor has signed a written security agreement, and (b) value has been given by the secured party for the security interest and the debtor has acquired rights in the…”
HOC, Inc. v. McAllister (In re McAllister), 215 B.R. 217 (Bankr. N.D. Ala. 1996). “Ala.Code 1975, § 7-9-203(1), a security agreement, is enforceable if (a) the debtor has signed a written security agreement, (b) value has been given by the secured party for the security interest and (c) the debtor has acquired rights in the collateral.”
Southtrust Bank of Alabama v. Toffel (In Re Blackerby), 53 B.R. 649 (Bankr. N.D. Ala. 1985). “Code Section 7-9-203 (1984). 3 . The fact that Loan # 2 was expressly made on an unsecured basis provides an alternative basis for the Court's ruling on this point.”
In Re Jones, 206 B.R. 569 (Bankr. M.D. Ala. 1997). “2 Alabama Code section 7-9-203. (1975) defines such an interest as created when “the collateral is in the possession of the secured party pursuant to agreement, .”
State v. Pressley, 100 So. 3d 1058 (Ala. Civ. App. 2012). “In Jester , this court did not dwell on the requirement that a security agreement be written because, in that case, the father and son had executed a written agreement that complied with the requirements of the Article 9 statute of frauds, former § 7-9-203, Ala.Code 1975…”
— Ala. Code § 7-9-203(l)(c) — 1 case
Matter of 4-R Mgmt., Inc., 208 B.R. 232 (Bankr. N.D. Ala. 1997).
— Ala. Code § 7-9-203(l)(e) — 1 case
Matter of 4-R Mgmt., Inc., 208 B.R. 232 (Bankr. N.D. Ala. 1997).
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