Code of Alabama
Ala. Code § 7-9-313 (2026)
Priority of Security Interests in Fixtures.
✓ 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Repealed by Act 2001-481, p. 647, § 4, effective January 1, 2002.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 8
cases, 1979–2000 · leading case: Coffee Cnty. Bank v. Hughes, 423 So. 2d 831 (Ala. 1982).
Coffee Cnty. Bank v. Hughes, 423 So. 2d 831 (Ala. 1982). “This appeal involves the priority of a creditor's security interest under Code 1975, § 7-9-313 (Acts 1965, No. 549, p. 811), 1 to chattel property which allegedly became a fixture to real property subject to a mortgage.”
In Re Morphis, 30 B.R. 589 (Bankr. N.D. Ala. 1983). “1982) [analysis of Ala.Code § 7-9-313(2)]. II. APPLICABILITY OF SECTION 1322(b)(2) Section 1322(b)(2) of the Bankruptcy Code provides: “Subject to subsections (a) and (c) of this section, the plan may — (2) modify the rights of secured claims, other than a claim secured only bv…”
Waters v. Union Bank of Repton, 370 So. 2d 957 (Ala. 1979). “See § 7-9-313 (3). 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.”
Citizens Bank v. Coffee Cnty. Bank, 431 So. 2d 1203 (Ala. 1983). “"Assuming that there was a right to property because of the default of the debtor and all the financing papers were properly filed and the security interest was protected do we have or does there exist the immediate right of possession in the plaintiff when Section 7-9-313…”
First Nat. Bank of Franklin Cty. v. Smith, 447 So. 2d 705 (Ala. 1984). “" After it was amended in 1981, § 7-9-402 read, in pertinent part: "(5) A financing statement covering timber to be cut or covering crops growing or to be grown, or a financing statement filed as a fixture filing (section 7-9-313) where the debtor is not a utility, must show…”
Greene v. Assocs. (In Re Green), 248 B.R. 583 (Bankr. N.D. Ala. 2000). “As to security interests in fixtures created under the law applicable to real estate, see Section 7-9-313(1). 1. Except for sales of accounts and chattel paper, the principal test whether a transaction comes under this article is: Is the transaction intended to have effect as…”
Davis-Hunt Cotton Co., Inc. v. Bank Indep., 541 So. 2d 5 (Ala. 1989). “” A security interest in crops is perfected by filing a financing statement that includes the following information: “A financing statement covering timber to be cut or covering crops growing or to be grown, or a financing statement filed as a fixture filing (section 7-9-313)…”
Crownover v. Turner (In Re Blackwell), 43 B.R. 398 (Bankr. N.D. Ala. 1984). “This article does not apply: (j) Except to the extent that provision is made for fixtures in section 7-9-313, to the creation or transfer of an interest in or lien on real estate, including a lease or rents thereunder; or Ala.”
— Ala. Code § 7-9-313(1) — 1 case
Greene v. Assocs. (In Re Green), 248 B.R. 583 (Bankr. N.D. Ala. 2000). “As to security interests in fixtures created under the law applicable to real estate, see Section 7-9-313(1). 1. Except for sales of accounts and chattel paper, the principal test whether a transaction comes under this article is: Is the transaction intended to have effect as…”
— Ala. Code § 7-9-313(2) — 1 case
In Re Morphis, 30 B.R. 589 (Bankr. N.D. Ala. 1983). “1982) [analysis of Ala.Code § 7-9-313(2)]. II. APPLICABILITY OF SECTION 1322(b)(2) Section 1322(b)(2) of the Bankruptcy Code provides: “Subject to subsections (a) and (c) of this section, the plan may — (2) modify the rights of secured claims, other than a claim secured only bv…”
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