Title 11, Chapter 9, Section 320
( 11-9-320)
Buyer of goods. (a) Buyer in ordinary course of business. Except as otherwise
provided in subsection (e) of this Code 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. (b) Buyer of consumer goods. Except as otherwise provided in
subsection (e) of this Code 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: (1) Without knowledge of the security interest; (2) For value; (3) Primarily for the buyer's personal, family, or household
purposes; and (4) Before the filing of a financing statement covering the goods. (c) Effectiveness of filing for subsection (b) of this Code section. To the extent that it affects the priority of a security interest over a buyer of goods under subsection (b) of this Code section, the period of effectiveness of a filing made in the jurisdiction in which the seller is located is governed by subsections (a) and (b) of Code Section 11-9-316. (d) Buyer in ordinary course of business at wellhead or minehead. 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. (e) Possessory security interest not affected. Subsections (a) and (b) of this Code section do not affect a security interest in goods in the possession of the secured party under Code Section 11-9-313. |