Georgia Forms

Stewart County Memorandum of Purchase and Sale Agreement Form

Stewart County Memorandum of Purchase and Sale Agreement Form

Stewart 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.

Validated 5/20/2025 Preview Form
Stewart County Memorandum of Purchase and Sale Agreement Guide

Stewart County Memorandum of Purchase and Sale Agreement Guide

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

Validated 3/4/2025 Preview Form
Stewart County Completed Example of the Memorandum of Purchase and Sale Agreement Document

Stewart 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.

Validated 7/24/2025 Preview Form

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

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

Where to Record Your Documents

Clerk of Superior Court
Address:
102 Broad St
Lumpkin, Georgia 31815

Hours: 8:00 - 4:30 Monday - Friday

Phone: (229) 838-6220

Recording Tips for Stewart County:
  • Double-check legal descriptions match your existing deed
  • Recorded documents become public record - avoid including SSNs
  • Recording fees may differ from what's posted online - verify current rates
  • Bring extra funds - fees can vary by document type and page count

Cities and Jurisdictions in Stewart County

Properties in any of these areas use Stewart County forms:

  • Louvale
  • Lumpkin
  • Omaha
  • Richland

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Stewart County

How do I get my forms?

Forms are available for immediate download after payment. The Stewart 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 Stewart County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Stewart 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 Stewart 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 Stewart County?

Recording fees in Stewart County vary. Contact the recorder's office at (229) 838-6220 for current fees.

Have other questions? Contact our support team

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 Stewart 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 Stewart County.

Our Promise

The documents you receive here will meet, or exceed, the Stewart County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Stewart County Memorandum of Purchase and Sale Agreement form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

4.8 out of 5 - ( 4572 Reviews )

Daniel L.

February 11th, 2022

You could make instructions clearer on the download process and when download is complete. You could also group things together for 1 or 2 "big" downloads.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Patsy B.

February 19th, 2020

This website is very user friendly. I easily found the form I needed and was given an example for filling it out. Highly recommend this website!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

David W.

March 10th, 2021

Thanks to all of you. You provide a great service! Dave in Ca.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Joseph H.

May 21st, 2019

Form needed was accessed easily and printed for use

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Hamed T.

January 12th, 2022

Easy Process! Realy recommend them for E-Recording!

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

William C.

September 9th, 2020

Good service, great price, the website is a bit hard to maneuver in places.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Larry G.

July 20th, 2022

After purchasing the Quit Claim Deed, I felt I had purchased something I could have gotten free somewhere else. But after reviewing all the other information Deed.com provided, I realized you saved me a lot of time that would have been wasted on research. Money well spent.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Tim G.

April 23rd, 2020

Pretty good all in all. I do wish I could download forms to a word doc instead of a .pdf. Word is more 'accessable'.

Reply from Staff

Thank you!

Annette L.

July 6th, 2023

Wow -- amazingly fast turnaround and excellent customer service and communication. Thank you for saving me hours of time and effort!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Jeremiah W.

August 2nd, 2020

Very helpful information and great forms.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Jean K.

February 25th, 2021

The website worked fine and I would have been happy to pay the extra money except the deed I needed was "not available". Ended up calling the courthouse anyway.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Josephine H.

October 28th, 2019

Wonderful site. Pretty complete and super easy to use. Thank you.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Joseph N.

September 17th, 2020

The site is easy to navigate and exceptional services. Unfortunately, they could find no information on a tract of land that I own, and they canceled the search and refunded my payment.

Reply from Staff

Sorry we were unable to help you find what you were looking for Joseph.

Truc T.

October 19th, 2021

great DIY site.

Reply from Staff

Thank you!

Christopher W.

July 29th, 2022

Completed in 1 day and no problems filing a deed in another county. Price was less than the gas I would have used, not to mention my time. Thanks

Reply from Staff

Thank you!