Cass County Memorandum of Contract Form

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

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

Cass County Completed Example of the Memorandum of Contract Document
Example of a properly completed Iowa Memorandum of Contract document for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional Iowa and Cass County documents included at no extra charge:
Where to Record Your Documents
Cass County Recorder
Atlantic, Iowa 50022
Hours: 8:00 to 4:30 M-F
Phone: (712) 243-1692
Recording Tips for Cass County:
- Ask if they accept credit cards - many offices are cash/check only
- White-out or correction fluid may cause rejection
- Bring extra funds - fees can vary by document type and page count
- Recording fees may differ from what's posted online - verify current rates
- Check margin requirements - usually 1-2 inches at top
Cities and Jurisdictions in Cass County
Properties in any of these areas use Cass County forms:
- Anita
- Atlantic
- Cumberland
- Griswold
- Lewis
- Marne
- Massena
- Wiota
Hours, fees, requirements, and more for Cass County
How do I get my forms?
Forms are available for immediate download after payment. The Cass 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 Cass County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Cass 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 Cass 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 Cass County?
Recording fees in Cass County vary. Contact the recorder's office at (712) 243-1692 for current fees.
Questions answered? Let's get started!
In Iowa, under Iowa Code Section 558.46, a Memorandum of Contract can be used as a legal alternative to recording the entire real estate installment sales contract, particularly for residential property. The law provides that when certain residential real estate installment sales contracts are entered into, either the full contract or a memorandum of the contract must be recorded. Below are the key uses and implications of using a Memorandum of Contract under Iowa Code 558.46:
Key Uses of a Memorandum of Contract in Iowa:
1. Public Notice of Buyer’s Interest: The primary purpose of recording a Memorandum of Contract is to put the public on notice that the buyer has an interest in the property under an installment sales contract (contract for deed). This helps protect the buyer from claims by third parties, such as future buyers, lienholders, or creditors, who may otherwise be unaware of the buyer’s interest in the property.
Once recorded, the memorandum provides notice that a contract exists, without revealing all details of the transaction.
2. Satisfying the Recording Requirement: Iowa law under 558.46 requires that certain residential real estate installment sales contracts must be recorded to protect the interests of the parties and ensure transparency in property transactions.
The statute allows for either the entire contract or a memorandum of the contract to be recorded, giving parties the option to record a summary document rather than the full agreement
3. Privacy Protection: A key benefit of using a Memorandum of Contract is that it allows the parties to keep sensitive financial details (e.g., the purchase price, installment payment terms, interest rate) private. While the memorandum must include essential information (like the names of the parties, property description, and date of the agreement), it does not need to disclose the entire contents of the contract.
This allows the parties to protect the privacy of their financial arrangements while still complying with the recording requirement.
4. Avoiding Legal Disputes: Recording the memorandum serves as a protective measure to prevent legal disputes over the property. It establishes that a valid contract exists, preventing the seller from attempting to sell the property to another party without the buyer’s knowledge.
It can also be useful if the seller fails to comply with their obligations under the contract, as the recorded memorandum establishes the buyer’s rights.
5. Complying with Iowa’s Legal Framework: Recording either the entire contract or a memorandum ensures compliance with Iowa law and avoids potential legal issues related to the failure to record. Under Iowa Code 558.46, if the contract is not recorded within 90 days of execution, the seller may be subject to fines and penalties, and the buyer may take steps to record the contract or memorandum to protect their interest.
Information Typically Included in a Memorandum of Contract: (If a real estate contract is required to be recorded under this section, the requirement is satisfied by recording either the entire real estate contract or a memorandum of the contract containing at least the names and addresses of all parties named in the contract, a description of all real property and interests in the real property subject to the contract, the length of the contract, and a statement as to whether the seller is entitled to the remedy of forfeiture and as to the dates upon which payments are due. Mandatory recording of certain residential real estate installment sales contracts. 558.46(4))
Example Scenario of Use:
A buyer enters into a contract for deed to purchase a residential property in Iowa. Rather than record the entire contract, which contains sensitive financial information, the buyer and seller agree to record a Memorandum of Contract. The memorandum includes the essential details, such as the names of the parties, the date of the contract, and the property description. This ensures that the buyer's interest is protected and the public is on notice, while keeping financial details private.
Legal Consequences of Non-Compliance:
If the seller fails to record the contract or memorandum within 90 days as required under Iowa Code 558.46, the buyer has the right to record the contract or memorandum themselves.
Sellers who do not comply with this requirement may face legal penalties, and their failure to record could expose the buyer to risks such as third-party claims against the property.
In Iowa, recording a Memorandum of Contract under 558.46 serves as a critical tool for protecting the buyer’s interest in a property under an installment sales contract, while also allowing for privacy in sensitive financial terms. It fulfills the legal requirement for recording and protects both parties against future disputes or claims by third parties.
Important: Your property must be located in Cass County to use these forms. Documents should be recorded at the office below.
This Memorandum of Contract meets all recording requirements specific to Cass County.
Our Promise
The documents you receive here will meet, or exceed, the Cass 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 Cass 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.
4.8 out of 5 - ( 4581 Reviews )
Karen H.
April 6th, 2024
Saves a trip to the Recorders Office!
It was a pleasure serving you. Thank you for the positive feedback!
Sandra M.
November 17th, 2019
The forms were easy to use but there was a software issue that made it impossible to get the county name to appear on the form in the correct place. It made the deed look a little sloppy
Thank you!
Jill C.
March 6th, 2023
Easy directions for document information.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
James K.
May 15th, 2024
Looks like a very professional site. I just don’t know what it would cost using this site.
Thanks for the kind words about the website James, sorry to hear that you could not find pricing information, we will try harder.
Dina B.
February 6th, 2021
The web cite is very easy to navigate through making a document process simple to obtain.
Thank you!
Sara R.
June 19th, 2019
Worked well for me to create a deed for a house I inherited. It was very thorough and easy to use. I have no experience with the law so I just googled terms I didn't understand and was fine. I also called land records a lot and ended up not needing a lot of the material included, but it was still good to have it.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Deb F.
July 16th, 2022
The county clerk accepted your mineral deed. It was a blessing finding your deed and instructions for filling it out online. Thank you
Thank you for your feedback. We really appreciate it. Have a great day!
Tom B.
December 18th, 2020
I ended up loading the same file twice and was unable to delete one of them. I did send e request in to have one deleted and I did get a response back that only one file was processed. This was done in a timely manner but required more additional time. It would have been nice to be able to delete the file myself and finish the process at the same time. Other than this every thing did go very well. Thank you
Thank you for your feedback. We really appreciate it. Have a great day!
Linda W.
January 16th, 2019
Got the forms, very straight forward. No problems completing them.
Thanks Linda!
Marites T.
April 6th, 2023
Extremely helpful team of professionals who are patient when you need to get things filed correctly. Very small price for the comfort of knowing your DOCUMENTS are FILED with you local Recorder's Office. Some of the filings, if they are correctly formatted are already uploaded and official within a few hours. Here's the ALTERNATIVE you may encounter. For Example: King County Recorder's Office moved which means most filings are backed up 7-10 days if you DROP your filing in a BOX with your CHECK or MAIL IT. Neither is a great option, since they have no WALK IN HOURS.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Linda W.
January 22nd, 2021
Fast service. From the time I sent my Quit Claim Deed to deeds.com, and six hours later my deed was recorded. It was painless, great convenience.
Thank you!
Earle T.
January 23rd, 2021
This is an excellent service. And very easy to use.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Duane R.
May 12th, 2019
Your site was very easy to use and provided all the information needed.
Thank you for your feedback. We really appreciate it. Have a great day!
Quinlyn H.
August 4th, 2020
They didn't have what I was looking for so they refunded my money immediately. Very easy to work with!
Thank you!
Gary G.
June 26th, 2019
Ordered the forms I needed for my state and county and everything worked out perfectly. All the forms came with examples (filled in) and very detailed instructions for each block that required an entry. I was able to fill everything out on my computer and save the files for future use, if required. Deeds provides an excellent product. I highly recommend their products and will use their services again.
Thank you for your feedback. We really appreciate it. Have a great day!