Constructive Notice

B. Constructive Notice "You Should Have Known"This is a legal concept (a "legal fiction"). The law assumes that once a document is entered into the public record, the entire world knows about it—whether they actually looked at it or not.You take your deed to the Clerk of the Circuit Court and file it. Once recorded, it is public information. If a buyer buys a house with a lien on it because they didn't check the records, the judge will say, "Too bad. You had Constructive Notice. You should have looked.""First in Time, First in Right"In a conflict between two buyers, the one who records their deed first usually wins (in "Race-Notice" states). This is why title companies rush to the courthouse immediately after closing.