Schultz v. Bank of the West, C.B.C.

I dissent.

The issue before us is whether a person who bought a used motor home acquired it free of a bank’s prior perfected security interest, under ORS 79.3070(1), a part of the Uniform Commercial Code (UCC). If so, the buyer took the motor home free of the bank’s perfected security interest. If not, the bank’s security interest in the motor home continues.

In answering that question, the majority fails to follow the applicable statutes in three key respects:(1) The majority fails to use the statutory definition of “sale,” ORS 72.1060, to inform the meaning of the related *91terms “seller” and…