5. Buyers of Consumer Goods. Subsection (b) [Maine cite subsection (2)], which derives from former Section 9-307(2), deals with buyers of collateral that the debtor-seller holds as "consumer goods" (defined in Section 9-102 [Maine cite section 9- 1102]). Under Section 9-309(1) [Maine cite section 9-1309, subsection (1)], a purchase-money interest in consumer goods, except goods that are subject to a statute or treaty described in Section 9-311(a) [Maine cite section 9-1311, subsection (1)] (such as automobiles that are subject to a certificate-of-title statute), is perfected automatically upon attachment. There is no need to file to perfect. Under subsection (b) [Maine cite subsection (2)] a buyer of consumer goods takes free of a security interest, even though perfected, if the buyer buys (1) without knowledge of the security interest, (2) for value, (3) primarily for the buyer's own personal, family, or household purposes, and (4) before a financing statement is filed.

As to purchase money security interests which are perfected without filing under Section 9-309(1) [Maine cite section 9-1309, subsection (1)]: A secured party may file a financing statement, although filing is not required for perfection. If the secured party does file, all buyers take subject to the security interest. If the secured party does not file, a buyer who meets the qualifications stated in the preceding paragraph takes free of the security interest.

As to security interests for which a perfection step is required: This category includes all nonpurchase-money security interests, and all security interests, whether or not purchase- money, in goods subject to a statute or treaty described in Section 9-311(a) [Maine cite section 9-1311, subsection (1)], such as automobiles covered by a certificate-of-title statute. As long as the required perfection step has not been taken and the security interest remains unperfected, not only the buyers described in subsection (b) [Maine cite subsection (2)] but also the purchasers described in Section 9-317 [Maine cite section 9- 1317] will take free of the security interest. After a financing statement has been filed or the perfection requirements of the applicable certificate-of-title statute have been complied with (compliance is the equivalent of filing a financing statement; see Section 9-311(b) [Maine cite section 9-1311, subsection (2)]), all subsequent buyers, under the rule of subsection (b) [Maine cite subsection (2)], are subject to the security interest.

The rights of a buyer under subsection (b) [Maine cite subsection (2)] turn on whether a financing statement has been