9.B.3 Types of Notices

Constructive Notice

Constructive notice is based on the legal assumption that everyone has knowledge of a fact when it is a matter of public record. Constructive notice consists of properly recording the deed with the new title in the public records held at the county. After the deed is recorded, the new owner is registered in the title. Today, constructive notice is used more frequently than actual notice.

Actual Notice

Direct knowledge acquired in the course of a transaction, such as having actually seen the deed instrument or heard that there is a lien on the property. Oral notice

Lis Pendens

Lis pendens is Latin for 'suit pending.' Lis pendent are recorded in the public record, as are deeds. They are a form of constructive notice that a legal action (for example, a foreclosure) is pending on a property.

Acknowledgment

The formal declaration before a notary public by the grantor that the grantor's signing is a free act