Ala. Code
Code of Alabama

Ala. Code § 7-9A-604 (2026)

Procedure If Security Agreement Covers Real Property or Fixtures.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) Enforcement: Personal and real property. If a security agreement covers both personal and real property, a secured party may proceed:

(1) under this part as to the personal property without prejudicing any rights with respect to the real property; or

(2) as to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of this part do not apply.

(b) Enforcement: Fixtures. Subject to subsection (c), if a security agreement covers goods that are or become fixtures, a secured party may proceed:

(1) under this part; or

(2) in accordance with the rights with respect to real property, in which case the other provisions of this part do not apply.

(c) Removal of fixtures. Subject to the other provisions of this part, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property.

(d) Injury caused by removal. A secured party that removes collateral shall promptly reimburse any encumbrancer or owner of the real property, other than the debtor or obligor, for the cost of repair of any physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.

(Act 2001-481, p. 647, §1.)

Notes of Decisions
Cited in 2 cases, 2011–2016 · leading case: Green Tree — Al LLC v. Dominion Resources, L.L.C., 104 So. 3d 177 (Ala. Civ. App. 2011).
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Green Tree — Al LLC v. Dominion Resources, L.L.C., 104 So. 3d 177 (Ala. Civ. App. 2011). · cites it 2× “Ala.Code 1975, § 7-9A-604(c) & (d). If a manufactured home is affixed to real property and the owner of the real property and of the manufactured home are identical, the owner may request that the certificate of title to the manufactured home be canceled.”
In re Atchison, 557 B.R. 818 (Bankr. M.D. Ala. 2016). “If the lienholder does remove the affixed manufactured home pursuant to § 7-9A-604(c), damages are measured differently than they are measured for the removal of other fixtures not subject to a perfected security interest.”
— Ala. Code § 7-9A-604(c) — 2 cases
Green Tree — Al LLC v. Dominion Resources, L.L.C., 104 So. 3d 177 (Ala. Civ. App. 2011). “Ala.Code 1975, § 7-9A-604(c) & (d). If a manufactured home is affixed to real property and the owner of the real property and of the manufactured home are identical, the owner may request that the certificate of title to the manufactured home be canceled.”
In re Atchison, 557 B.R. 818 (Bankr. M.D. Ala. 2016). “If the lienholder does remove the affixed manufactured home pursuant to § 7-9A-604(c), damages are measured differently than they are measured for the removal of other fixtures not subject to a perfected security interest.”
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