Code of Alabama

Ala. Code § 7-9A-709 (2026)

Priority.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) Law governing priority. This article determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before January 1, 2002, former Article 9 determines priority.

(b) Priority if security interest becomes enforceable under Section 7-9A-203. For purposes of Section 7-9A-322(a), the priority of a security interest that becomes enforceable under Section 7-9A-203 of this article dates from January 1, 2002 if the security interest is perfected under this article by the filing of a financing statement before January 1, 2002, which would not have been effective to perfect the security interest under former Article 9. This subsection does not apply to conflicting security interests each of which is perfected by the filing of such a financing statement.

(Act 2001-481, p. 647, §1.)

Notes of Decisions
Cited in 1 case, 2005–2005 · leading case: Mims v. First Citizens Bank, 913 So. 2d 1098 (Ala. Civ. App. 2005).
Mims v. First Citizens Bank, 913 So. 2d 1098 (Ala. Civ. App. 2005). “Pursuant to § 7-9A-709(a), Ala. Code 1975, "if the relative priorities of the [conflicting] claims [to collateral] were established before January 1, 2002, former Article 9 determines priority.”
— Ala. Code § 7-9A-709(a) — 1 case
Mims v. First Citizens Bank, 913 So. 2d 1098 (Ala. Civ. App. 2005). “Pursuant to § 7-9A-709(a), Ala. Code 1975, "if the relative priorities of the [conflicting] claims [to collateral] were established before January 1, 2002, former Article 9 determines priority.”
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