Ex Parte People's Community Bank of Ashford
Ex Parte People's Community Bank of Ashford
Opinion
Farmer's Cooperative of Ashford (the "Co-op") sued People's Community Bank of Ashford (the "Bank"), alleging that the Bank had improperly received insurance proceeds and money from the sale of crops that, the Co-op alleges, should have been paid to it because of a security interest it claims in the crops. The Bank moved for a summary judgment, arguing that the Co-op had no enforceable security interest in, and therefore no priority to, any of the disputed crops or the proceeds of those crops. The trial court agreed and entered a summary judgment in favor of the Bank. *Page 821
The Court of Civil Appeals reversed and remanded, holding that the evidence created a genuine issue of material fact as to the priority of the security interests. See Farmers Cooperative ofAshford, Inc. v. People's Community Bank of Ashford,
"All crops growing or to be grown by [Harper], including but not limited to 120 acres of Peanuts (251,178 Quota lbs.), all additional Peanuts, 365 acres of Cotton, Plus any and all other crops that may be grown by [Harper], also includes any UNDER MARKETING of Peanuts, also secured by all of the debtors [sic] farm equipment and for a more particular description see exhibit `B' attached, also secured by the debtors [sic] Real Estate, and for a more particular description see mortgage recorded in the office of the Probate Judge, Houston Co. Al., Book 1171, Page 095."
Based on that security agreement, the Bank filed a financing statement in the probate court. The financing statement described the collateral as:
"All 1996 crops growing or to be grown by [Harper], including but not limited to 120 acres [of] peanuts (251,178 quota lbs.), all additionals, 365 acres of cotton and any and all other crops, also any unrer [sic] marketing, also assignment of any and all crop insurance, and for a more particular description of where the crops are to be grown see exhibit attached."
The Bank also filed a financing statement with the secretary of state. All three of these documents referenced farms 1996, 2002, 2014, 2058, 2121, 2139, and 2233 as the "more particular description of where the [collateral] crops are to be grown."
The Co-op alleges that in May 1996, in order to purchase soybean seed, fertilizer, and chemicals on "open accounts," Harper gave the Co-op a security interest in the crops grown on nine other farms. Harper, however, did not sign a security agreement, nor were any other documents produced that granted the Co-op a security interest in the crops. Nevertheless, the Co-op filed in the probate court a financing statement that represented that the Co-op had a security interest in the nine other farms. Specifically, the financing statement reads, in pertinent part,
"The Financing Statement Covers the Following Types (or items) of Property: All crops grown by Russell J. Harper on the following farms: #1451, 1553, 1586 owned by Paula Lamp Ben Whitton, #1489 owner Hugh Fellows, #1838 owner Oris Harper, ##1984 [sic] owner E. L. Jerigan, #2011 owner Eddie B. Watford, #2036 owner Flouize Harrison, #2143 owner Basil Crooms."
Harper also signed and filed with H H Insurance Agency ("H H") an "Assignment of Indemnity" advising Cigna Property and Casualty Company that he was assigning to the Bank any rights and interest to any indemnity payment payable to him under an insurance policy covering his 1996 crops. Sometime later, the Co-op alleges, Harper asked an H H agent to obtain a release from the Bank for the nine farms identified in the financing statement regarding the assignment of the crop insurance so that the Co-op could be added in the Bank's place. The crop-insurance contract, however, was never amended, and it lists the Bank as the only loss payee.
In 1996, Harper sold some of his crops, apparently paying off part of his Bank loan *Page 822 with some of the proceeds.1 Harper also suffered crop losses that year and filed a claim with Cigna for his losses. After Cigna deducted unpaid premiums from the claimed losses, it issued a check made payable to both Harper and the Bank in the amount of $11,315.00. Harper endorsed the check over to the Bank.
In January 1997, the Co-op sued the Bank,2 alleging that the Bank had improperly received money from the sale of crops and from insurance proceeds that, the Co-op alleges, should have been paid to the Co-op because of its alleged security interest. The Bank moved for a summary judgment, arguing that the Co-op had no enforceable security interest in, and no priority with respect to, any crops or proceeds of crops from any of Harper's farms. The trial court agreed and granted the Bank's motion for summary judgment. The Court of Civil Appeals reversed and remanded, holding that the evidence created a genuine issue of material fact as to the relative priorities of the security interests in the crops.
The Bank argues that the trial court correctly granted its motion for summary judgment because, it says, Harper did not sign a security agreement granting the Co-op a security interest in the disputed crops. Thus, the Bank concludes, the Co-op's alleged security interest was not enforceable and the Co-op had no right to the crops or to insurance proceeds. The Court of Civil Appeals did not address this issue, concluding instead that, because the Bank's security interest and the Co-op's security interest covered crops grown on different farms, there was a genuine issue of material fact as to the relative priorities of the security interests. See Farmers Cooperative of Ashford, 775 So.2d at 819. This distinction, however, is material only if the Co-op had a security interest in any of Harper's crops. If the Co-op had no security interest in any of the crops, then it has no specifically enforceable claim against the disputed proceeds and the trial court properly entered the summary judgment in favor of the Bank.
The enforceability of a security interest is governed by Ala. Code 1975, § 7-9-203, which in 1996 read as follows:
"(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 *Page 823 on sales or the article on leases, a security interest is not enforceable against the debtor or third parties with respect to the collateral and does not attach unless:"(a) The collateral is in the possession of the secured party pursuant to agreement, or the debtor has signed a security agreement which contains a description of the collateral and in addition, when the security interest covers crops growing or to be grown or timber to be cut, a description of the land concerned; and
"(b) Value has been given; and
"(c) The debtor has rights in the collateral"
(Emphasis added.) Thus, a security interest is not enforceable unless (1) the debtor has signed a security agreement;3 (2) value has been given; and (3) the debtor has rights in the collateral.
The Co-op presented no evidence indicating that Harper ever signed a security agreement.4 The only evidence offered by the Co-op was a financing statement, signed by Harper, that the Co-op had filed in the probate court. A financing statement, however, is ineffective unless it is supported by a valid security agreement. See In re Metzler,
REVERSED AND REMANDED.
Hooper, C.J., and Maddox, Houston, Cook, Lyons, Brown, Johnstone, and England, JJ., concur.
Reference
- Full Case Name
- Ex Parte People's Community Bank of Ashford. (In Re: Farmers Cooperative of Ashford, Inc. v. People's Community Bank of Ashford).
- Cited By
- 3 cases
- Status
- Published