Escambia County Memorandum and Notice of Agreement Form

Last validated June 19, 2026 by our Forms Development Team

Escambia County Memorandum and Notice of Agreement Form

Escambia County Memorandum and Notice of Agreement Form

Fill in the blank Memorandum and Notice of Agreement form formatted to comply with all Alabama recording and content requirements.

Document Last Validated 6/19/2026
Escambia County Memorandum and Notice of Agreement Guide

Escambia County Memorandum and Notice of Agreement Guide

Line by line guide explaining every blank on the Memorandum and Notice of Agreement form.

Document Last Validated 5/26/2026
Escambia County Completed Example of the Memorandum and Notice of Agreement Document

Escambia County Completed Example of the Memorandum and Notice of Agreement Document

Example of a properly completed Alabama Memorandum and Notice of Agreement document for reference.

Document Last Validated 5/13/2026

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Escambia County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Escambia County Judge of Probate

Address:
Courthouse - 314 Belleville Ave #206 / PO Box 557
Brewton, Alabama 36426 / 36427

Hours: 8:00 to 4:00 M-F

Phone: (251) 867-0301

Recording Tips for Escambia County:
  • Ensure all signatures are in blue or black ink
  • Documents must be on 8.5 x 11 inch white paper
  • Recording fees may differ from what's posted online - verify current rates
  • Make copies of your documents before recording - keep originals safe
  • Ask about their eRecording option for future transactions

Cities and Jurisdictions in Escambia County

Properties in any of these areas use Escambia County forms:

  • Atmore
  • Brewton
  • Flomaton
  • Huxford

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Escambia County

How do I get my forms?

Forms are available for immediate download after payment. The Escambia County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Escambia County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Escambia County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Escambia County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Escambia County?

Recording fees in Escambia County vary. Contact the recorder's office at (251) 867-0301 for current fees.

Questions answered? Let's get started!

An Alabama Memorandum and Notice of Agreement is used to place a limited public record of a real estate contract in the county probate records without recording the full agreement. In Alabama, this matters because once a memorandum is recorded, it becomes part of the grantor-grantee index and can affect title until it is released. The Alabama version must meet probate recording standards, include required recitals, and properly reference the property and parties, or it may be rejected or fail to provide the intended notice.

What the Alabama Memorandum and Notice of Agreement does

An Alabama Memorandum and Notice of Agreement provides public notice that a buyer or other party has an equitable interest in a property based on an underlying agreement, such as a purchase contract, option, or land contract. It is commonly used during the period between contract execution and closing, allowing the essential facts—such as the parties and property—to be recorded while keeping detailed terms private. Once recorded, it signals to third parties that the property is subject to an existing agreement.

Alabama statutory framework and recording status

In Alabama, instruments affecting real property may be recorded in the office of the Judge of Probate in the county where the property is located (Ala. Code § 35-4-62). Recording provides constructive notice of the instrument’s contents (Ala. Code § 35-4-63), and Alabama’s recording statute protects later purchasers and lenders without notice (Ala. Code § 35-4-90). Because a memorandum places the world on notice of an agreement, it can impact title searches and priority, even though it does not itself transfer ownership.

Execution requirements for an Alabama memorandum

To be recorded, the Alabama Memorandum and Notice of Agreement must be properly executed. The party placing the notice—often the buyer—should sign the instrument. Alabama requires that execution be attested by at least one witness when the signer writes his or her name, unless the document is properly acknowledged before a notary (Ala. Code § 35-4-20). A valid acknowledgment satisfies the execution requirement for recording (Ala. Code § 35-4-23).

Names of the parties should match the underlying agreement and be consistent with how parties are identified in the public record. If multiple buyers or entities are involved, each interest being placed on record should be reflected in the execution of the memorandum.

Alabama-specific traps that cause recording or title problems

  • Marital-status recital: Alabama requires a statement of the grantor’s or conveying party’s marital status before recording (Ala. Code § 35-4-73). Even for a memorandum, this recital is often required by probate offices.
  • Preparer identification: The instrument must include the name and address of the preparer (Ala. Code § 35-4-110). Missing this information is a frequent reason for rejection.
  • Legal description accuracy: The property description must be sufficient for indexing and identification. If the description references a subdivision or plat, the recorded plat information should be included (Ala. Code § 35-4-74).
  • County-specific recording location: The memorandum must be recorded in the county where the property is located. Recording in the wrong county does not provide effective notice for the subject property.
  • Partial or vague references to the agreement: The memorandum should clearly identify the existence of the agreement without ambiguity. Overly vague memoranda can create confusion in title searches.
  • Exact name matching: Party names should match the underlying agreement and any related recorded documents to avoid indexing inconsistencies in Alabama’s grantor-grantee system.
  • Execution defects: Missing acknowledgment or witness compliance can prevent the probate office from accepting the document for recording.

Recording process in Alabama

The Alabama Memorandum and Notice of Agreement is recorded with the Judge of Probate in the county where the property is located. Recording promptly after execution helps ensure that the buyer’s interest is reflected in the public record before other claims or conveyances are recorded. Once indexed, the memorandum becomes part of the title chain and is typically reviewed by title companies and attorneys during subsequent transactions.

Recording fees apply, and Alabama probate offices may assess recordation taxes depending on the nature of the instrument presented under Title 40, Chapter 22. The probate office determines applicable fees and any required tax stamps at the time of filing (Ala. Code §§ 40-22-1, 40-22-2).

Vesting considerations in Alabama

Although a memorandum does not transfer title, it reflects an interest tied to the parties named in the underlying agreement. Alabama requires clear identification of parties in recorded instruments, and survivorship rights are not implied unless expressly stated in the creating instrument (Ala. Code § 35-4-7). Aligning the memorandum with the ownership and party structure in the agreement helps ensure the recorded notice accurately reflects the intended interest.

What is included in the download package

The Alabama Memorandum and Notice of Agreement package includes the form, detailed instructions, and a completed example. It is designed for Alabama probate recording requirements, addressing acknowledgment or witness compliance, preparer identification, marital-status recitals, and proper property description formatting for recording.

Important: Your property must be located in Escambia County to use these forms. Documents should be recorded at the office below.

This Memorandum and Notice of Agreement meets all recording requirements specific to Escambia County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Escambia County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

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