a.Types of Notice to Subsequent Purchasers
i.Actual Notice occurs when you tell someone that you got a deed or they actually know of a previous deed
ii.Constructive Notice occurs when you go to the court house and record, the act of recorded in effect “puts the whole world on notice” of your deed
1.Don’t forget about the effect of the recording in the chain of title and the Woods and Morse exceptions for early and late recorded deeds
2.Constructive notice can occur when an earlier recorded deed gives reference to an earlier unrecorded deed (Harper)
3.Possession of the premises in a Contract for Sale can serve as constructive notice to subsequent purchasers (Waldorff) if:
a.Possession is unequivocal (continuous)
4.Doctrine of Marshalling dictates the order of distribution according to equitable principles in a foreclosure sale that protected the owner in Waldorff