Sarah Hansen, Industry Observer in Utah (None)

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Rainmaker
670,590
Brian L. Sirota, Esq.
Bristar Realty (Realtor/Attorney) - Orange, CA
For Solutions: (714) 501-7660

Actual Notice:   Notice provided directly and expressly.   

Constructive Notice:   Notice given indirectly, through public records.  In real estate, perhaps the most important type of constructive notice occurs via the recordation of documents.

Another common type of constructive notice occurs by posting an event in the newspaper--property auctions, registration of fictitious business names, etc.

In certain legal situations (such as the recording of a deed), the world is charged with having constructive notice

Apr 19, 2018 04:17 PM
Ambassador
2,491,588
Fred Griffin Tallahassee Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

Examples:

 Recording by the Clerk of Court of deeds, mortgages, other documents is constructive notice (Public Record).

 You being served a subpoena or notice of deposition by a deputy sheriff is actual notice.   A tenant being served eviction papers is actual notice.

Apr 19, 2018 04:39 PM
Rainmaker
3,730,638
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Study hard.  Take practice tests.  Good luck with your upcoming exam.

Apr 19, 2018 03:15 PM
Rainmaker
3,708,679
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Constructive notice is when the faccts imply receipt. Actual notice is exactly that, no denial! 

Apr 19, 2018 03:06 PM
Rainmaker
3,564,658
Nina Hollander
Coldwell Banker Realty - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

No idea... have never done it in 25 years.

Apr 19, 2018 02:24 PM
Rainmaker
5,003,005
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

What Roy Kelley stated.

Apr 19, 2018 02:59 PM
Rainmaker
2,570,053
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Lien rights, property management, evictions and contract enforcement all use pre-determined notice to enforce failure

Apr 19, 2018 02:39 PM
Rainmaker
5,976,293
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Follow the rules in your state.

Apr 19, 2018 02:12 PM
Rainmaker
3,571,767
Richard Weeks
Dallas, TX
REALTOR®, Broker

If I represent a buyer and they close on a property I have actual notice that they own the property.  When that buyer records the deed to the property that is constructive notice, they give notice to the world that they own the property.

Apr 20, 2018 04:53 AM
Rainmaker
87,820
Jeff Perlis Prime Properties
Prime Properties - Lake Arrowhead, CA
Experience Your Own Transformation!

So, why do you ask a question if the answer is always going to be the same? You could just google it.

Apr 19, 2018 09:41 PM
Ambassador
3,766,599
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

Good luck with your studies.

Apr 19, 2018 09:01 PM
Rainmaker
1,077,121
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

LOL nobody directs traffic here  but nice try.

What Brian L. Sirota, Esq. said. 

Apr 19, 2018 06:36 PM
Rainmaker
5,442,068
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

I've not had any experience with constructive and/or actual notice....

Apr 19, 2018 05:14 PM
Rainmaker
1,316,042
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Check your state regs, read the paragraph in the text book, or get John Henderson's exam prep book... heck that'll teach you more than your classes will.

Apr 19, 2018 04:03 PM
Rainmaker
492,529
Greg Large
ERA Real Solutions - Grove City, OH
A Tradition of Trust

When it is needed.

Apr 19, 2018 03:55 PM
Rainmaker
4,441,366
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Only taught in class, not used in actual business, at least in mine.

Apr 23, 2018 07:24 AM
Rainmaker
2,902,440
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

Another Utah real estate school must now be in session.   I wish you all the best with your studies. 

Apr 20, 2018 09:10 AM
Rainmaker
4,798,978
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Please don't limit your possible answers with conditions.  Especially when you are asking a question that has been asked innumerable times before.

Apr 20, 2018 05:40 AM
Rainmaker
3,067,302
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Brian L. Sirota, Esq. nailed this one!

Apr 20, 2018 04:45 AM
Rainmaker
4,432,971
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Brian has answered

Apr 20, 2018 03:17 AM
Ambassador
4,841,781
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

I have nothing new to add beyond your current responses, good luck with your studies.

Apr 19, 2018 10:08 PM
Ambassador
4,307,764
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Brian L. Sirota, Esq. has a great answer Sarah Hansen

Apr 19, 2018 10:07 PM
Ambassador
3,985,488
Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

Constructive is public filings, actual is posting or delivering directly.

Apr 19, 2018 08:00 PM