Gem County Memorandum of Contract Form

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

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

Gem 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 Gem County documents included at no extra charge:
Where to Record Your Documents
Gem County Clerk-Auditor-Recorder
Emmett, Idaho 83617-3096
Hours: 8:00 a.m. – 5:00 p.m. Monday-Friday
Phone: (208) 365-4561
Recording Tips for Gem County:
- Check that your notary's commission hasn't expired
- Ask if they accept credit cards - many offices are cash/check only
- Bring extra funds - fees can vary by document type and page count
- Request a receipt showing your recording numbers
- Ask about accepted payment methods when you call ahead
Cities and Jurisdictions in Gem County
Properties in any of these areas use Gem County forms:
- Emmett
- Letha
- Ola
- Sweet
Hours, fees, requirements, and more for Gem County
How do I get my forms?
Forms are available for immediate download after payment. The Gem 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 Gem County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Gem 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 Gem 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 Gem County?
Recording fees in Gem County vary. Contact the recorder's office at (208) 365-4561 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 Gem County to use these forms. Documents should be recorded at the office below.
This Memorandum of Contract meets all recording requirements specific to Gem County.
Our Promise
The documents you receive here will meet, or exceed, the Gem 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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Sorry for the inconvenience Roger. Unfortunately, not all jurisdictions in the country have progressed to the point of being able to accept all document types for e-recording.