When you default on a deed of trust, what is the first notice given?

In the context of a default on a deed of trust, the first notice that is typically given is constructive notice. This type of notice occurs when the default has been recorded in the public records, effectively informing the public that the property is under distress. Constructive notice serves as a legal means of notifying potential buyers and interested parties that there may be issues with the title, which is crucial in protecting the rights of the lender.

The concept of constructive notice is fundamental in real estate, as it establishes that the public is presumed to have knowledge of this recorded information, regardless of whether they have actually seen it. This is important because it ensures the integrity of real estate transactions and allows interested parties to proceed with caution when dealing with properties in foreclosure or distress.

The other options represent different concepts related to real estate and lending but do not specifically represent the first notice given when there is a default on a deed of trust. A 5-day failure to pay indicates a timeframe but is not a formal notice. Actual notice refers to information that a party has received directly, which may come later in the process. A writ of execution is a court order to enforce a judgment, typically occurring after a court action has been taken, and not as the initial notice of default