Elkhart County Memorandum of Contract Form

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

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

Elkhart County Completed Example of the Memorandum of Contract Document
Example of a properly completed Indiana Memorandum of Contract document for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional Indiana and Elkhart County documents included at no extra charge:
Where to Record Your Documents
Elkhart County Recorder
Goshen, Indiana 46526
Hours: Mon 8:00 to 5:00; Tue-Fri 8:00 to 4:00
Phone: (574) 535-6756
Recording Tips for Elkhart County:
- Check that your notary's commission hasn't expired
- Documents must be on 8.5 x 11 inch white paper
- Double-check legal descriptions match your existing deed
- Avoid the last business day of the month when possible
Cities and Jurisdictions in Elkhart County
Properties in any of these areas use Elkhart County forms:
- Bristol
- Elkhart
- Goshen
- Middlebury
- Millersburg
- Nappanee
- New Paris
- Wakarusa
Hours, fees, requirements, and more for Elkhart County
How do I get my forms?
Forms are available for immediate download after payment. The Elkhart 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 Elkhart County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Elkhart 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 Elkhart 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 Elkhart County?
Recording fees in Elkhart County vary. Contact the recorder's office at (574) 535-6756 for current fees.
Questions answered? Let's get started!
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.
Important: Your property must be located in Elkhart County to use these forms. Documents should be recorded at the office below.
This Memorandum of Contract meets all recording requirements specific to Elkhart County.
Our Promise
The documents you receive here will meet, or exceed, the Elkhart 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 Elkhart 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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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.
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The process was easy and cost was reasonable. My only suggestion is to allow user the ability to shorten the space between the county and state and the space after the month. I needed to draw a line at the courthouse before they would file it.
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Rebecca H.
May 22nd, 2021
I thought the forms were reasonably priced, the instructions included in the packet were thorough, and the examples helpful. Thank you for the additional CDR forms too. I contacted the Recorder's office via email with a question and Jennifer Bowser answered promptly. Job well done! However, when I delivered the deed and Real Property Transfer Declaration to the Clerk's office in Lafayette, the clerk was unfamiliar with the Declaration document being submitted and it took some time to convince her to submit the form without charging the recording fee. She even tried to phone the recorder's office for clarification, but no one answered. There then was an additional form at that office that I had to complete called Recording Request/Transmittal Form. I would suggest including that form with instructions in your on-line packet to speed up the process when a Deed is delivered to the County Clerk's satellite office. I do not expect every clerk to know all the particulars of recording requirements but a little knowledge wouldn't hurt.
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