Peoples Bank v. SAIIA Construction, LLC (In re B & M Properties, LLC)

MEMORANDUM OPINION

GUIN, District Judge.

This cause is before the court on Motion for Rehearing by Appellee SAIIA Construction, LLC, (doc. 10). Having considered the submissions of counsel, the previous ruling of the court, and the applicable law, the court finds that this motion is due to be denied. The adjudication of the lien perfection at issue must be litigated in the Circuit Court of Cullman County, Alabama, where it was originally filed.

The requirements for lien perfection have been unchanged for almost one hundred years. In Sorsby v. Woodlawn, the Alabama Supreme Court relied on the…