In 2020, the Court of Appeal explained that: “Constructive notice of a lien or other interest in property arises from the proper recording of that interest.” Vasquez v. Constructive Notice from Properly Recorded Documents “Actual notice is defined as ‘express information of a fact,’ while constructive notice is that ‘which is imputed by law.’ A person generally has ‘notice’ of a particular fact if that person has knowledge of circumstances which, upon reasonable inquiry, would lead to that particular fact.” In re Marriage of Cloney (2001) 91 Cal.App.4th 429, 436–437. Exactly what constitutes actual or constructive notice requires a careful analysis of the law in California. Conversely, “it is an equally well-established principle of law that any purchaser of real property acquires the property subject to prior interests of which he or she has actual or constructive notice.” In re Marriage of Cloney (2001) 91 Cal.App.4th 429, 437. “The elements of bona fide purchase are payment of value, in good faith, and without actual or constructive notice of another’s rights.” Melendrez v.
#Notice to principal is notice to agent free
Accordingly, a bona fide purchaser without notice may seek a legal determination through a quiet title action that the title it obtained remains free and clear of any adverse interest in the property. “It is ‘black-letter law’ that a bona fide purchaser for value who acquires his or her interest in real property without knowledge or notice of another’s prior rights or interest in the property takes the property free of such unknown interests.” In re Marriage of Cloney (2001) 91 Cal.App.4th 429, 437. Status as Bona Fide Purchaser or Encumbrancer for Value The conflicted rules applied in these quiet title actions underlie the importance of hiring a qualified real estate attorney in California. Many conflicts arise from real property purchase disputes where a buyer, seller or other party claims priority over earlier purchasers and liens (encumbrances), including judgments. Contact an Experienced Quiet Title Dispute Lawyer in California Establishing Bona Fide Purchaser Status Under California’s Notice Rules
0 kommentar(er)
