UNITED STATESSECURITIES AND ~~STATES~~EXCHANGE COMMISSIONWashington, D.C. 20549FORM 8-KCURRENT REPORTPURSUANT TO SECTION 13 OR 15(d) OF THESECURITIES EXCHANGE ACT OF 1934Date of Report (Date of earliest event reported): January 29, 2009NEXITY FINANCIAL CORPORATION(Exact Name of Registrant as Specified in Charter)

SECURITIES AND EXCHANGE COMMISSION

Delaware	000-51273	63-0523669
(State or Other Jurisdiction of Incorporation)	(Commission File Number)	(IRS Employer Identification No.)

Washington, D.C. 20549

3680 Grandview Parkway, Suite 200 Birmingham, Alabama	35243
(Address of Principal Executive Offices)	(Zip Code)

~~FORM~~ Registrant's telephone 8number, including area code: (205) 298-K6391Not Applicable(Former Name or Former Address, if Changed Since Last Report)

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d) OF THE

SECURITIES EXCHANGE ACT OF 1934

Date of Report (Date of earliest event reported): June 20, 2008

NEXITY FINANCIAL CORPORATION

(Exact name of registrant as specified in its charter)

Delaware		000-51273		63-0523669
(State or other jurisdiction of incorporation)		(Commission File Number)		(IRS Employer Identification No.)

3500 Blue Lake Drive, Suite 330 Birmingham, Alabama		35243
(Address of principal executive offices)		(Zip Code)

Registrant’s telephone number, including area code: (205) 298-6391

Not Applicable

(Former name or former address, if changed since last report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

¨ ⃞ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

¨ ⃞ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

¨ ⃞ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

¨ ⃞ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Item 1 3.01. Notice ~~Entry~~of ~~Into~~Delisting or Failure to Satisfy a ~~Material~~Continued ~~Definitive~~Listing Rule ~~Agreement~~or Standard; Transfer of Listing.

~~The~~ On ~~information~~January 29, 2009, the Board of Directors of Nexity Financial ~~provided~~ Corporation in(the ~~Item 2~~“Company”) unanimously voted to delist its common stock, par value $.0301 isper ~~hereby~~share ~~incorporated~~(the “Common Stock”), from the NASDAQ Global Market (“NASDAQ”), where it trades under the symbol “NXTY”, by filing ~~reference~~a ~~herein~~Form 25 with the Securities and Exchange Commission (“SEC”) and to voluntarily terminate the registration of its Common Stock under the Securities Exchange Act of 1934, as amended (the “Act”), by filing a Form 15 with the SEC. In connection therewith, the Company notified NASDAQ on January 30, 2009 of the Company’s intention to file a Form 25 on or about February 9, 2009. The Company anticipates that trading of its Common Stock will be suspended on February 9, 2009 and the Form 25 will become effective and the Common Stock delisted ten (10) days following its filing.

~~Item~~ Also, 2on or about February 9, 2009, the filing date of the Form 25, the Company intends to file a Form 15 with the SEC to voluntarily effect the deregistration of its Common Stock.03 The Company is eligible to deregister by filing Form 15 and thereby exit the Securities and Exchange Commission period reporting system because it has fewer than 300 holders of record of its Common Stock. Upon ~~Creation~~the filing of athe ~~Direct~~Form 15, ~~Financial~~the ~~Obligation~~Company’s orreporting anobligations ~~Obligation~~to file reports under anthe ~~Off~~Act, including Forms 10-~~Balance~~K, ~~Sheet~~10-Q ~~Arrangement~~and 8-K, will immediately be suspended. The Company expects the deregistration to become effective ninety (90) days after filing the Form 15 with the SEC. The Company does not intend to arrange for the listing or quotation of aits ~~Registrant~~securities on any other securities exchange or quotation system.

~~Nexity Financial Corporation (the “Corporation”) sponsored the creation of Nexity Capital Trust III (the “Trust”).~~ The ~~Trust~~Company isintends ato ~~newly~~continue ~~formed Delaware~~reporting ~~statutory~~to ~~trust,~~its ~~which~~shareholders ~~will serve~~ as required ~~special~~by ~~purpose~~Delaware ~~finance~~law ~~subsidiary.~~and ~~The Corporation is~~ the ~~owner~~Company’s ~~of all of the common securities of the Trust~~bylaws.

On ~~June 20,~~January ~~2008~~30, ~~the Trust issued $9~~2009,~~500,000~~ ~~of trust preferred Securities and on June 25, 2008,~~ the ~~Trust~~Company issued ~~$500,000~~a ofpress ~~trust~~release ~~preferred~~announcing ~~securities~~its intention ~~(together the “Capital Securities”) in a private placement~~ to ~~institutional~~ ~~investors~~voluntarily ~~pursuant~~withdraw toits anCommon ~~applicable~~Stock ~~exemption~~ from registration. under ~~The Capital Securities mature July 1, 2038, are redeemable at~~ the ~~Corporation’s~~Act ~~option on any quarterly interest payment date with the prior approval of the Federal Reserve,~~ and ~~require quarterly distributions by the Trust~~ to ~~the~~delist ~~holders~~its ofCommon ~~the~~Stock ~~Capital~~from ~~Securities, at a rate of~~ the ~~three-month LIBOR plus 4~~NASDAQ.~~00%,~~ A ~~provided~~copy ~~that the rate~~ of ~~distribution shall not be less than 6.00% nor greater than 10.00%.~~ ~~The Corporation has irrevocably and unconditionally guaranteed~~ the ~~Capital~~press ~~Securities~~release ~~and,~~is toattached ~~the~~hereto ~~extent~~as ~~not~~Exhibit ~~paid~~99.1 ~~by the Trust, accrued~~ and ~~unpaid~~is ~~distributions on the Capital Securities and the redemption price payable to the Capital Securities~~hereby ~~holders.~~ incorporated ~~The proceeds of the Capital Securities, along with the proceeds of $309,000 from the issuance of common securities (the “Common Securities”)~~ by ~~the Trust to the Corporation, were used to purchase $10,309,000 of the Corporation’s floating rate junior subordinated notes (the “Notes”)~~reference. ~~The Corporation will use the proceeds from the sale of the Notes for general corporate purposes and to fund capital contributions to Nexity Bank to support the~~ Bank’s growth and working capital needs. The Corporation believes additional capital at this time to be advisable for Nexity Bank because of uncertainties in the economy and continued weakness in the residential and commercial real estate markets.

~~The Notes were issued pursuant to an indenture dated June 20, 2008 (the “Indenture”), between the Corporation, as issuer, and~~ Wilmington Trust Company, as trustee. Like the Capital Securities, the Notes bear interest at a rate equal to the three-month LIBOR plus 4.00%, provided that the rate of distribution shall not be less than 6.00% nor greater than 10.00%. The interest Item ~~payments by the Corporation on the Notes will be used to pay the quarterly distributions payable by the Trust to the holders of the Capital Securities~~ 9. ~~However, the Corporation may defer interest payments on the Notes so long as no event of default, as described below, has occurred under the Notes for up to 20 consecutive quarters~~01. Financial InStatements ~~the~~and ~~event the Corporation properly defers interest payments on the Notes, the Trust will be entitled to defer distributions otherwise due on the Capital Securities~~Exhibits.

The Notes are subordinated to any other indebtedness of the Corporation that, by its terms, is not similarly subordinated. The Notes mature on July 1, 2038, but may be redeemed at the Corporation’s option, subject to the prior approval of the Board of Governors of the Federal Reserve System, to the extent required under applicable guidelines or policies, at any quarterly payment date.

(d)	Exhibits

	Exhibit No.	Description

	99.1	Press Release dated January 30, 2009.

The Notes may be declared immediately due and payable at the election of the trustee or holders of at least 25% of aggregate principal amount of outstanding Notes upon the occurrence of certain events of default.

The Corporation also entered into a Guarantee Agreement dated June 20, 2008 pursuant to which it has agreed to guarantee the payment by the Trust of distributions on the Capital Securities, and the payment of the principal amount of the Capital Securities when due, either at maturity or on redemption, but only if and to the extent that the Trust fails to pay distributions on or the principal amount of the Capital Securities after having received interest payments or principal payments on the Notes from the Corporation for the purpose of paying those distributions or the principal amount of the Capital Securities.

Item 9.01 Financial Statements and Exhibits.

ExhibitNumber		Description
10.1		Amended and Restated Trust Agreement of Nexity Capital Trust III dated June 20, 2008 by and among Wilmington Trust Company, as Delaware Trustee and Property Trustee, Nexity Financial Corporation, as sponsor, and the Administrators listed therein.
10.2		Indenture dated as of June 20, 2008, between Nexity Financial Corporation, as Issuer, and Wilmington Trust Company, as Trustee.
10.3		Guarantee Agreement dated June 20, 2008, by and between Nexity Financial Corporation and Wilmington Trust Company.

SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereto duly authorized.

Dated: June 26, 2008

Dated:	January 30, 2009
		NEXITY FINANCIAL CORPORATION


		/s/ John J. Moran
		By:	John J. Moran
		Its:	Executive Vice President and
			Chief Financial Officer

~~NEXITY FINANCIAL CORPORATION /s/ John J. Moran By: John J. Moran Its: Executive Vice President and Chief Financial Officer~~ 3

EXHIBIT INDEX

Exhibit No.	Description

99.1	Press Release dated January 30, 2009.

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