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.

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

Franklin County Completed Example of the Memorandum of Contract Document
Example of a properly completed Idaho Memorandum of Contract document for reference.
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:
Where to Record Your Documents
Franklin County Clerk
Preston, Idaho 83263
Hours: 9:00am to 5:00pm M-F
Phone: (208) 852-1090
Recording Tips for Franklin County:
- Ask if they accept credit cards - many offices are cash/check only
- Double-check legal descriptions match your existing deed
- Recorded documents become public record - avoid including SSNs
- Check margin requirements - usually 1-2 inches at top
Cities and Jurisdictions in Franklin County
Properties in any of these areas use Franklin County forms:
- Clifton
- Dayton
- Franklin
- Preston
- Thatcher
- Weston
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
Get your Franklin County Memorandum of Contract 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.
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April 1st, 2024
Absolutely perfect! Quitclaim deed form was easy to complete and the recorder had no issues with it whatsoever, a rarity around here! Thanks sooo much!
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August 28th, 2024
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December 16th, 2021
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April 24th, 2024
It was available to download immediately
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Shane T.
March 7th, 2020
The Transfer on Death Deed form package was very good. But like anything, could use some improvements. There is not enough space to fill more than one beneficiary with any level of additional detail like "as his sole and separate property" The area for the legal description could be a bit bigger and potentially fit many legal descriptions. Or it could be made to simply say "See Exhibit A" as is likely necessary for most anyway. The guide should indicate what "homestead property" means so the user doesn't have to research the legal definition. (which turns out to be obvious, at least in my state, if you live there, it's your homestead.) It would be helpful if an "Affidavit of Death" form were included in the package for instances where the current deed hasn't been updated to reflect a widowed owner as the sole owner before recording with only the one signature.
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February 26th, 2024
Ease and speed of recording are remarkable. This is especially true of deeds with problems: I often get feedback within minutes and can correct problems immediately and still complete the filing in the same day. I wish more counties accepted electronic filing! It would be helpful to list counties that do/do not accept electronic filing so I would not have to upload documents to find out my effort was fruitless.
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April 2nd, 2022
good so far. will wait to see what happens
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January 12th, 2022
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September 1st, 2020
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October 23rd, 2024
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June 9th, 2023
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December 23rd, 2020
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November 24th, 2024
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August 27th, 2021
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Saul N.
June 13th, 2023
Great and fast service. Would have been grate to have seen a little more detail or a pre-filled sample in the fields. Had a little confussion in some of the lines to fill out since the guide only explains a few of the lines not all of them. Otherwise, is really great to have this service with low cost. Thank you.
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