Clay County Full Release of Real Estate Contract Form

Clay County Full Release of Real Estate Contract Form
Fill in the blank Full Release of Real Estate Contract form formatted to comply with all Iowa recording and content requirements.

Clay County Full Release of Real Estate Contract Guide
Line by line guide explaining every blank on the Full Release of Real Estate Contract form.

Clay County Completed Example of the Full Release of Real Estate Contract Document
Example of a properly completed Iowa Full Release of Real Estate Contract document for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Iowa and Clay County documents included at no extra charge:
Where to Record Your Documents
Clay County Recorder
Spencer, Iowa 51301
Hours: 8:00am to 4:30pm M-F
Phone: (712) 262-1081
Recording Tips for Clay County:
- Ensure all signatures are in blue or black ink
- Request a receipt showing your recording numbers
- Check margin requirements - usually 1-2 inches at top
Cities and Jurisdictions in Clay County
Properties in any of these areas use Clay County forms:
- Dickens
- Everly
- Fostoria
- Gillett Grove
- Greenville
- Peterson
- Royal
- Spencer
- Webb
Hours, fees, requirements, and more for Clay County
How do I get my forms?
Forms are available for immediate download after payment. The Clay 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 Clay County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Clay 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 Clay 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 Clay County?
Recording fees in Clay County vary. Contact the recorder's office at (712) 262-1081 for current fees.
Questions answered? Let's get started!
Iowa Code 558.46 primarily addresses the mandatory recording of residential real estate installment sales contracts (commonly known as contracts for deed or land contracts). This law has implications for both the initial recording of these contracts (or a memorandum of the contract) and the release of such contracts once their terms are fulfilled or terminated.
Here’s how Iowa Code 558.46 affects the recording of a release of contract:
1. Recording a Release of the Contract (or Memorandum):
When the installment sales contract is fulfilled (i.e., the buyer completes all payments and other contractual obligations) or terminated (if the parties mutually agree to end the contract early), a Release of Contract or a Release of Memorandum of Contract must be recorded. The process and obligations for recording a release are influenced by Iowa Code 558.46 in the following ways:
Release of Buyer’s Interest: Once the contract has been fulfilled or terminated, the seller must execute a release to formally release the buyer’s interest recorded under the contract or memorandum. Recording a release clears the property title of the buyer’s claim or interest, ensuring that the property’s record reflects the new, accurate status (whether ownership has been transferred to the buyer or the contract was terminated).
Clearing the Public Record: Just as the contract or memorandum must be recorded to give public notice of the buyer’s interest, the release must also be recorded to update the public record and ensure that no ongoing encumbrance or claim related to the installment contract remains on the property title.
-If the buyer has completed the contract (i.e., all installment payments and obligations are met), the release confirms the transfer of full title to the buyer.
-If the contract has been terminated (either by mutual agreement or default), the release serves to remove the memorandum of contract from the public record.
Seller’s Responsibility: According to 558.46, the seller is responsible for recording the original contract or memorandum. Similarly, the seller is typically responsible for recording the release of contract upon fulfillment or termination of the agreement. Failure to do so could leave the property’s title clouded or encumbered, potentially complicating future transactions.
-Sellers should ensure timely recording of the release to avoid legal disputes, title issues, or claims of breach of contract by the buyer.
Buyer’s Right to Protect Their Interest: While 558.46 places the obligation of recording on the seller, buyers also have an interest in ensuring the contract or memorandum is recorded (initially) and released (upon fulfillment or termination). If the seller fails to record the release, the buyer may take action to record it to protect their interest in the property or to clear their name from any continuing liability under the contract.
2. Legal and Practical Implications of Non-Compliance:
Non-compliance with the mandatory recording requirements under 558.46—whether it involves recording the original contract, memorandum, or the release—can have several consequences:
Legal Penalties: If the seller fails to record the initial contract or a release upon fulfillment or termination, they may face legal penalties. Under Iowa Code, sellers can be fined or held liable for damages resulting from a failure to record.
Clouded Title: If the release is not recorded, the buyer's interest in the property may still appear on the public record, creating a cloud on the title. This can prevent the seller from selling or refinancing the property in the future or complicate the buyer’s ability to sell the property after fulfilling the contract.
Title Insurance Issues: Title insurers may refuse to issue a clear title insurance policy if the contract for deed or memorandum is still on record without a corresponding release. This can delay or prevent the sale of the property.
Third-Party Claims: Failure to record a release may leave the property vulnerable to third-party claims or liens, as the public record still reflects that the installment sales contract is in effect.
3. Ensuring a Proper Release:
To properly release a memorandum of contract or the entire contract, the following steps should be taken:
Prepare the Release of Memorandum of Contract: The release document should include references to the original memorandum of contract (e.g., names of the parties, the date of the contract, and the legal description of the property) and should state that the contract has been fully performed or terminated.
Signatures: The release should be signed by the seller (and in some cases, both parties) and notarized.
Record the Release: The release must be filed with the county recorder’s office where the original memorandum of contract was recorded. This clears the property’s title and removes any record of the buyer’s interest in the property.
Important: Your property must be located in Clay County to use these forms. Documents should be recorded at the office below.
This Full Release of Real Estate Contract meets all recording requirements specific to Clay County.
Our Promise
The documents you receive here will meet, or exceed, the Clay 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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