Escrow & TitleIntermediateCalifornia Exam

What is 'actual notice' of a property interest?

ANotice given by recording a document in the public record
BDirect, personal knowledge of a fact or interestCorrect
CNotice by publication in a local newspaper
DNotice provided by the seller at closing

Why Direct, personal knowledge of a fact or interest Is Correct

Answer B: Direct, personal knowledge of a fact or interest

Actual notice is direct, personal knowledge of a fact — when someone actually knows something (as opposed to constructive notice, where they are presumed to know because it was recorded). Under California's race-notice statute, a buyer with actual notice of a prior unrecorded interest is not protected even if they record first.

Exam Tip: Escrow & Title

Escrow questions test the neutral third-party role and the sequence of closing events. Remember that the escrow agent acts as a dual agent for both buyer and seller and cannot advocate for either side.

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