Secured Transactions

ORS 79.0320
UCC 9-320. Buyer of goods


Except as otherwise provided in subsection (5) of this section, a buyer in ordinary course of business, other than a person buying farm products from a person engaged in farming operations, takes free of a security interest created by the buyer’s seller, even if the security interest is perfected and the buyer knows of its existence.


Except as otherwise provided in subsection (5) of this section, a buyer of goods from a person who used or bought the goods for use primarily for personal, family or household purposes takes free of a security interest, even if perfected, if the buyer buys:


Without knowledge of the security interest;


For value;


Primarily for the buyer’s personal, family or household purposes; and


Before the filing of a financing statement covering the goods.


To the extent that it affects the priority of a security interest over a buyer of goods under subsection (2) of this section, the period of effectiveness of a filing made in the jurisdiction in which the seller is located is governed by ORS 79.0316 (UCC 9-316. Effect of change in governing law) (1) and (2).


A buyer in ordinary course of business buying oil, gas or other minerals at the wellhead or minehead or after extraction takes free of an interest arising out of an encumbrance.


Subsections (1) and (2) of this section do not affect a security interest in goods in the possession of the secured party under ORS 79.0313 (UCC 9-313. When possession by or delivery to secured party perfects security interest without filing). [2001 c.445 §40]
Chapter 79

Notes of Decisions

Where creditor with prior perfected secured interest opts not to exercise elective remedies against debtor, creditor maintains security interest and subsequent garnishor takes subject to creditor so that may trace and recapture collateral funds from garnishor. Davis v. F.W. Financial Services, Inc., 260 Or App 191, 317 P3d 916 (2013), Sup Ct review denied


Last accessed
Jun. 26, 2021