Code of Alabama
Ala. Code § 7-9-402 (2026)
Formal Requisites of Financing Statement; Amendments; Mortgage as Financing Statement.
✓ 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Repealed by Act 2001-481, p. 647, § 4, effective January 1, 2002.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 1987, No. 87-410, p. 595, §1.)
Notes of Decisions
Cited in 16
cases, 1982–2000 · leading case: Griswold v. United States, 59 F.3d 1571 (11th Cir. 1995).
Griswold v. United States, 59 F.3d 1571 (11th Cir. 1995). “See Ala.Code § 7-9-402(1); Fla.Stat. ch. 679.”
First Nat. Bank of Franklin Cty. v. Smith, 447 So. 2d 705 (Ala. 1984). “The financing statement in Gold Kist , or the other hand, was prima facie defective because it failed to name the owner of the property, a requirement of § 7-9-402. Since the description in question is not deficient on its face, the bank should have been afforded the opportunity…”
Citizens Bank v. Preuit Est., 425 So. 2d 470 (Ala. Civ. App. 1982). “The first issue raised on appeal is whether the financing statement as filed by the Bank, containing an incorrect serial number, sufficiently describes the collateral as required by § 7-9-402, Code 1975. Section 7-9-402 (5) provides: "A financial statement substantially…”
Mcrae v. Sec. Pac. Hous. Serv., 628 So. 2d 429 (Ala. 1993). “A real estate mortgage which is effective as a fixture filing under subsection (6) of section 7-9-402 remains effective as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real estate.”
Gold Kist, Inc. v. Farmers & Merchants Bank, 425 So. 2d 452 (Ala. 1983). “" Code 1975, § 7-9-402 (1). (Emphasis added.) As can be seen from these two provisions, in the case of crops, the description of the real estate is required to create a security interest; and for perfection, both the name of the record owner and the description of the real…”
Matter of Childers, 44 B.R. 23 (Bankr. N.D. Ala. 1984). “Thus, the Court is of the opinion that the UCC-1 financing statement which perfected the Bank’s security interest in the inventory, fixtures and equipment in both of the debtor’s businesses is not misleading and is effective pursuant to Section 7-9-402 of the Code of Alabama…”
In Re Whitten, 49 B.R. 220 (Bankr. N.D. Ala. 1985). “ny in this case is adjudged not to have been timely filed and not to be an allowed claim in this case, that the oral request by this creditor’s attorney for the Court to order that the claim be allowed is denied, and that a copy of this order shall be sent through the United…”
Leasing Serv. Corp. v. Hobbs Equip. Co., 707 F. Supp. 1276 (N.D. Ala. 1989). “Code § 7-9-402 provides in part: The notice itself indicates merely that the secured party who has filed may have a security interest in the collateral described.”
SouthTrust Bank of Sand Mountain v. Fricks (In Re Fricks), 58 B.R. 883 (Bankr. N.D. Ala. 1986). “) § 9-402(1), Ala.Code § 7-9-402(1) (1975, rev.vol.1984), bears only the signature of Richard Fricks as debtor, and was filed in the county of the debtors’ residence.”
Dresser Indus., Inc. v. Dixie Fuels, Inc. (In Re Dixie Fuels, Inc.), 48 B.R. 514 (Bankr. N.D. Ala. 1985). “Alabama Code Section 7-9-402 (1984 Supp.) sets forth the requirements for a valid financing statement and provides in pertinent part: Section 7-9-402.”
Ex Parte People's Cmty. Bank of Ashford, 775 So. 2d 819 (Ala. 2000). “Hurst , 176 N.W.2d 166 , 167 (Iowa 1970). While it is possible for a financing statement and a security agreement to be one and the same document, "[a] financing statement which does no more than meet the requirements of [Ala.”
Leasing Serv. Corp. v. Hobbs Equip. Co., 894 F.2d 1287 (11th Cir. 1990). “Ala.Code § 7-9-402. 4 The official comments explain that section 7-9-402 adopts a system of notice filing.”
— Ala. Code § 7-9-402(1) — 4 cases
Griswold v. United States, 59 F.3d 1571 (11th Cir. 1995). “See Ala.Code § 7-9-402(1); Fla.Stat. ch. 679.”
SouthTrust Bank of Sand Mountain v. Fricks (In Re Fricks), 58 B.R. 883 (Bankr. N.D. Ala. 1986). “) § 9-402(1), Ala.Code § 7-9-402(1) (1975, rev.vol.1984), bears only the signature of Richard Fricks as debtor, and was filed in the county of the debtors’ residence.”
Leasing Serv. Corp. v. Hobbs Equip. Co., 707 F. Supp. 1276 (N.D. Ala. 1989). “Code § 7-9-402 provides in part: The notice itself indicates merely that the secured party who has filed may have a security interest in the collateral described.”
Dresser Indus., Inc. v. Dixie Fuels, Inc. (In Re Dixie Fuels, Inc.), 48 B.R. 514 (Bankr. N.D. Ala. 1985). “Alabama Code Section 7-9-402 (1984 Supp.) sets forth the requirements for a valid financing statement and provides in pertinent part: Section 7-9-402.”
— Ala. Code § 7-9-402(5) — 1 case
Davis-Hunt Cotton Co., Inc. v. Bank Indep., 541 So. 2d 5 (Ala. 1989).
— Ala. Code § 7-9-402(7) — 2 cases
Matter of Childers, 44 B.R. 23 (Bankr. N.D. Ala. 1984). “Thus, the Court is of the opinion that the UCC-1 financing statement which perfected the Bank’s security interest in the inventory, fixtures and equipment in both of the debtor’s businesses is not misleading and is effective pursuant to Section 7-9-402 of the Code of Alabama…”
Matter of Kitchen Trend of Homewood, Inc., 55 B.R. 553 (Bankr. N.D. Ala. 1985).
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