Idaho Forms

Franklin County Memorandum of Contract Form

Franklin County Memorandum of Contract Form

Franklin County Memorandum of Contract Form

Fill in the blank Memorandum of Contract form formatted to comply with all Idaho recording and content requirements.

Document Last Validated 4/3/2025
Franklin County Memorandum of Contract Guide

Franklin County Memorandum of Contract Guide

Line by line guide explaining every blank on the Memorandum of Contract form.

Document Last Validated 7/8/2025
Franklin County Completed Example of the Memorandum of Contract Document

Franklin County Completed Example of the Memorandum of Contract Document

Example of a properly completed Idaho Memorandum of Contract document for reference.

Document Last Validated 2/14/2025

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

Immediate Download • Secure Checkout

Additional Idaho and Franklin County documents included at no extra charge:

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

Where to Record Your Documents

Franklin County Clerk
Address:
39 West Oneida St
Preston, Idaho 83263

Hours: 9:00am to 5:00pm M-F

Phone: (208) 852-1090

Recording Tips for Franklin County:
  • Check margin requirements - usually 1-2 inches at top
  • Make copies of your documents before recording - keep originals safe
  • Recorded documents become public record - avoid including SSNs
  • Bring extra funds - fees can vary by document type and page count

Cities and Jurisdictions in Franklin County

Properties in any of these areas use Franklin County forms:

  • Clifton
  • Dayton
  • Franklin
  • Preston
  • Thatcher
  • Weston

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Franklin County

How do I get my forms?

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

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

Recording fees in Franklin County vary. Contact the recorder's office at (208) 852-1090 for current fees.

Questions answered? Let's get started!

In Idaho, filing a Memorandum of Contract instead of a full Contract for Deed is often done to protect sensitive details of the contract while still providing notice of its existence. Here’s when you might file a Memorandum of Contract rather than the full contract:
Reasons to File a Memorandum of Contract:
1. Privacy Concerns: The full Contract for Deed may contain sensitive financial terms, personal information, or other proprietary details. A memorandum ensures confidentiality while still notifying the public of the agreement.
2. Public Notice: A Memorandum of Contract serves as constructive notice to third parties, such as potential buyers or creditors, that an agreement exists involving the property.
3. Simplified Recording: Memorandums are typically shorter and less detailed than the full contract, reducing recording fees and streamlining the filing process.
4. Avoiding Confusion: Filing the full Contract for Deed might create unintended legal implications or confusion, especially if specific terms are subject to further negotiation or amendment.

Situations to Consider Filing a Memorandum of Contract:
• Statute of Frauds (Idaho Code § 9-505): This statute mandates that certain agreements, including those for the sale of real property or interests therein, must be in writing to be enforceable. It specifies that such agreements are invalid unless there is a written note or memorandum signed by the party to be charged.
• When Selling on Terms: If you're using a Contract for Deed to sell real estate with financing, the Memorandum can signal the agreement without revealing terms like purchase price, interest rates, or payment schedules.
• Protecting Negotiations: If the details of the Contract for Deed are sensitive to competitive or personal concerns, a memorandum can suffice.
• Compliance with Legal Requirements: To comply with recording statutes in Idaho, ensuring that future purchasers or lenders are aware of the contract’s impact on title.

What Should a Memorandum of Contract Include?
A Memorandum of Contract should include:
• Names of the parties involved.
• Description of the property (legal description).
• Date of the agreement.
• Statement indicating the existence of a binding contract.
• Any additional terms as required by local statutes or personal preference (but usually limited).

Filing the Full Contract for Deed: In some cases, the full Contract for Deed might need to be recorded, such as:
• To fully protect the buyer's interest in the property.
• When parties want all terms of the agreement to be part of the public record.
• When required by financing entities or other legal circumstances.

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

This Memorandum of Contract meets all recording requirements specific to Franklin County.

Our Promise

The documents you receive here will meet, or exceed, the Franklin 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

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July 24th, 2021

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October 30th, 2020

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April 8th, 2021

3 stars for ease of use on the website. Subracted 2 stars for the forms being PDFs that you are unable to complete online, they have to be printed. Very inefficient.

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July 21st, 2021

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November 20th, 2022

No Search feature on the site? How do I look for forms?

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January 7th, 2019

Quick and easy process to get the documents, and helpful to see the example filled out.

Reply from Staff

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Darren G.

December 10th, 2021

Your beneficiary deed sample contains a error of the LDPS designation. I copied the designation of LPDS instead of the correct designation

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June 13th, 2025

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Reply from Staff

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November 24th, 2021

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January 8th, 2021

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