Indiana Memorandum of Contract
County Specific Legal Forms Validated as recently as April 23, 2026 by our Forms Development Team
About the Indiana Memorandum of Contract
How to Use This Form
- Select your county from the list on the left
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
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A "Memorandum of Contract" in Indiana is a legal document used to provide public notice of a contract or agreement concerning real estate without revealing the full details of the contract. When recorded in the county where the property is located, it serves as a way to notify third parties, such as potential buyers or lenders, that there is an existing contract or agreement related to the property.
IN Code § 36-2-11-20 Sec. 20. (a) As used in this section, "contract" means an agreement for a seller to sell real estate to a purchaser that provides for the purchaser to pay the purchase price to the seller in periodic installments, with the seller retaining record title to the real estate and the purchaser acquiring equitable title to the real estate.
Purpose: The primary purpose of a Memorandum of Contract is to secure the parties' interests by making the existence of a contract public without disclosing the full contract terms. Use this form for real property purchase agreements.
IN Code § 36-2-11-20 (g) A memorandum of a lease or a memorandum of contract may be recorded in lieu of the lease or contract itself if the memorandum is executed and acknowledged by the parties and contains:
(1) the names of the parties;
(2) the term of the lease or contract;
(3) any option of the lessee to renew or extend the term of the lease or of the purchaser to renew or extend the term of the contract; and
(4) the specific legal description of the real estate, or a survey or plot plan authorized under subsection (i) showing the location of the real estate.
(h) A memorandum recorded under this section may also contain any other agreement made between the parties in the lease or contract.
Statutory Basis: Indiana has statutes governing the recording of documents affecting real estate. Indiana Code § 32-21-4 provides general guidelines for recording instruments, including those affecting real estate interests. Specific requirements may vary based on the type of contract and the county.
Effect of Recording: Once recorded, the memorandum places a cloud on the title, meaning any future buyers or creditors will be aware of the existing contract. This can protect the parties from unauthorized transactions or encumbrances.
For use in Indiana only.
Termination: If the underlying contract is terminated, parties typically record a document to release the memorandum, clearing the title.
How to Use This Form
- Select your county from the list above
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
What Others Like You Are Saying
"It's too early for me to tell because I just uploaded the document today and it hasn't been recorded…"
"Love Deeds.com! I was a little confused as to how to go about Quitclaiming, but you made it very eas…"
"This was crazy easy to do...such a fantastic service! Thank you!"
"Thank you, thie was very helpful. I did find the forms I needed.Very easy to use.,"
"great response!! Thank you"
Common Uses for Memorandum of Contract
- Clear title after a contract for deed has been fulfilled
- Remove a recorded land contract lien after final payment
- Establish a contract for deed for commercial property
- Structure a property sale with a down payment and monthly terms
- Release a land contract from public record after the buyer completes all payments
- Document the abandonment of a buyer's interest in a land contract
- Establish a buyer's equitable interest in a property under contract
Compare other Indiana deed forms and documents
Important: County-Specific Forms
Our memorandum of contract forms are specifically formatted for each county in Indiana.
After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.