Catoosa County Memorandum of Purchase and Sale Agreement Form

Catoosa County Memorandum of Purchase and Sale Agreement Form
Fill in the blank Memorandum of Purchase and Sale Agreement form formatted to comply with all Georgia recording and content requirements.

Catoosa County Memorandum of Purchase and Sale Agreement Guide
Line by line guide explaining every blank on the Memorandum of Purchase and Sale Agreement form.

Catoosa County Completed Example of the Memorandum of Purchase and Sale Agreement Document
Example of a properly completed Georgia Memorandum of Purchase and Sale Agreement document for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Georgia and Catoosa County documents included at no extra charge:
Where to Record Your Documents
Catoosa Clerk of Superior Court
Ringgold, Georgia 30736
Hours: 8:30 to 5:00 Monday through Friday
Phone: (706) 935-4231
Recording Tips for Catoosa County:
- Ask if they accept credit cards - many offices are cash/check only
- Bring extra funds - fees can vary by document type and page count
- Recording fees may differ from what's posted online - verify current rates
- Bring multiple forms of payment in case one isn't accepted
- Consider using eRecording to avoid trips to the office
Cities and Jurisdictions in Catoosa County
Properties in any of these areas use Catoosa County forms:
- Fort Oglethorpe
- Graysville
- Ringgold
- Varnell
Hours, fees, requirements, and more for Catoosa County
How do I get my forms?
Forms are available for immediate download after payment. The Catoosa 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 Catoosa County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Catoosa County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Catoosa 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 Catoosa County?
Recording fees in Catoosa County vary. Contact the recorder's office at (706) 935-4231 for current fees.
Questions answered? Let's get started!
In Georgia, recording a Memorandum of Purchase Agreement instead of the full Purchase Agreement is a common practice for several important reasons:
1. Privacy Protection
• Limited Disclosure: A Purchase Agreement contains many detailed terms that the parties may prefer to keep private, such as the purchase price, payment terms, or specific contingencies. By recording a Memorandum of Purchase Agreement, only essential details (e.g., parties involved, property description, and the existence of the agreement) are made public, keeping the sensitive terms confidential.
• Public Record Privacy: Recording the full Purchase Agreement would make all of its terms accessible to the public, which may not be desirable for either party, especially for large or high-profile transactions.
2. Notice to Third Parties (Constructive Notice)
• Protecting Buyer’s Interest: Recording a Memorandum serves as constructive notice to third parties that there is a pending contract on the property. This prevents the seller from selling the property to another buyer during the term of the Purchase Agreement. Once the Memorandum is recorded, any future potential buyers or lenders are put on notice of the existing purchase contract, protecting the buyer’s interest.
• Clouding Title: The recorded Memorandum clouds the title of the property, making it difficult for the seller to transfer or encumber the property without addressing the existing Purchase Agreement. It ensures that the buyer has an equitable claim on the property that must be resolved before any other transfer or claim.
3. Simplicity and Cost-Effectiveness
• Shorter Document: A Memorandum of Purchase Agreement is typically a much shorter document than the full agreement. This makes it easier and faster to record. Many counties charge recording fees based on the number of pages, so recording the shorter Memorandum can reduce costs compared to recording the entire Purchase Agreement.
• Avoiding Excess Paperwork: Georgia’s recording system allows for the recording of summary documents like Memoranda to provide notice without the administrative burden of recording lengthy contracts.
4. Flexibility in Negotiations
• Contingent Agreements: Sometimes, Purchase Agreements are contingent on certain conditions, such as financing or inspections. Recording the full Purchase Agreement might disclose these contingencies, which could undermine negotiations. A Memorandum, however, only discloses the fact that a contract exists without divulging details that could affect ongoing negotiations or contingencies.
5. Key Considerations:
• Recording in Public Records: The memorandum is typically recorded to prevent other parties from attempting to acquire an interest in the property without knowledge of the pending transaction. Georgia law allows for various real estate-related documents to be recorded with the county clerk of the superior court where the property is located.
6. Legal Sufficiency
• Binding Notice: Under Georgia law, recording a Memorandum of Purchase Agreement has the same effect as recording the full agreement in terms of providing legal notice. It is sufficient to establish that there is an agreement affecting the property, so there is no legal requirement to record the entire Purchase Agreement as long as the Memorandum fulfills the notice purpose.
• Recording a Memorandum of Purchase Agreement in Georgia offers privacy, efficiency, and legal protection without exposing the full details of the transaction. It serves the main purpose of notifying the public of the buyer’s interest in the property while keeping confidential terms private and saving on costs and effort. This is the preferred practice in real estate transactions where recording the entire Purchase Agreement would be unnecessary and potentially disadvantageous.
Relevant Statutes:
1. O.C.G.A. § 44-2-1 et seq. (Georgia Recording Statutes): These statutes govern the recording of deeds, leases, and other instruments affecting real property in Georgia. Under these statutes, certain documents, including those related to the conveyance or encumbrance of property, can be recorded to provide public notice.
2. O.C.G.A. § 44-14-61 (Filing of Liens): This statute refers to the recording of certain documents in relation to property interests. While primarily about liens, it underscores the general principle that documents affecting property rights (including purchase agreements or their memoranda) may be recorded.
3. O.C.G.A. § 44-5-30 (Conveyance of Land): This statute generally governs the requirements for transferring real property interests in Georgia. A memorandum related to a purchase agreement might be treated as notice under these general provisions when recorded.
4. O.C.G.A. § 44-14-162: Though focused on foreclosure, this section emphasizes the requirement to provide notice for transactions affecting real estate. A "Memorandum of Purchase Agreement" serves a similar notice function for sales agreements.
Important: Your property must be located in Catoosa County to use these forms. Documents should be recorded at the office below.
This Memorandum of Purchase and Sale Agreement meets all recording requirements specific to Catoosa County.
Our Promise
The documents you receive here will meet, or exceed, the Catoosa County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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June 25th, 2020
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March 20th, 2019
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October 1st, 2019
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July 22nd, 2020
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February 15th, 2019
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Toni M.
June 24th, 2019
I liked having the forms. Some may need to know they can look at the legal Description from online county records, then type up in Word document line by line, the degree sign in Word program is achieved by using alt and 248 on number pad. Then on the form page one write SEE Exibit A and title your Word program description as Exibit A. Goes without saying the legal description should be looked over many times and it is easier to do so if you format your Word the same lineage as the legal description online which is usually not text which is why you have to retype it.
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Charles W.
December 26th, 2022
in one of the reviews, the person said they wished that there was more room allowed for use in the grantor section. the reply was that they were sorry but there was only enough room for what was there considering margins, etc. that is not true. on the forms i downloaded there was plenty of extra room at the top of the page (about 2 inches) that was not being used.
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February 11th, 2025
Excellent Service, with quick turnaround times.
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May 13th, 2025
User friendly!
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Sara M.
February 4th, 2025
This makes work so much easier now that I don't have to drive to each county to record. Thank you.
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Thomas D.
January 6th, 2019
Can I use this for easement in gross ? Like to grant cousins easement to use river front property with riparian rights ?
Sorry, we are unable to give advice on specific legal situations.