Pottawattamie County Full Release of Memorandum of Contract Form

Additional Iowa and Pottawattamie County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Pottawattamie County

Properties in any of these areas use Pottawattamie County forms:

• Avoca
• Carson
• Carter Lake
• Council Bluffs
• Crescent
• Hancock
• Honey Creek
• Macedonia
• Mc Clelland
• Minden
• Neola
• Oakland
• Shelby
• Treynor
• Underwood
• Walnut

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Iowa Code Section 558: Conveyances
Iowa Code Chapter 558, titled "Conveyances," provides the general framework for the recording of real estate documents, including contracts, memoranda, and their releases. The key provisions relevant to releasing a memorandum of contract include the following:

Iowa Code Section 558.46 - Mandatory Recording of Installment Sales Contracts:

This section governs the recording of installment sales contracts for residential real estate, as well as the option to record a memorandum of contract instead of the full contract.

Once the contract is satisfied, either the seller or the buyer may record a release of the memorandum to indicate that the installment sales contract is no longer in effect, either due to the contract being fulfilled or mutually terminated.

The release of the memorandum must be recorded with the county recorder’s office where the original memorandum was recorded. This clears the record of the buyer's interest in the property.

Purpose of the Release:
Clear Title: Recording a release of the memorandum ensures that there are no lingering claims or interests related to the installment contract. This is important if the property is to be sold or refinanced in the future.

Fulfilling Obligations: Once the installment payments are completed and the contract terms are satisfied, the seller has an obligation to release the buyer from the contract and to remove any encumbrances from the public record.

Legal Protection: Recording a release protects both parties from future disputes regarding ownership or interest in the property.
Practical Example:

Example: A buyer has completed all installment payments under a contract for deed with the seller. The original contract was recorded via a memorandum of contract. Once the final payment is made, the seller is responsible for preparing and recording a release of the memorandum to indicate that the buyer has fulfilled all obligations under the contract and now holds clear title to the property.

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

This Full Release of Memorandum of Contract meets all recording requirements specific to Pottawattamie County.

Our Promise

The documents you receive here will meet, or exceed, the Pottawattamie County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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