Cerro Gordo County Memorandum of Contract Form

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

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

Cerro Gordo 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
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Additional Iowa and Cerro Gordo County documents included at no extra charge:
Where to Record Your Documents
Cerro Gordo County Recorder
Mason City, Iowa 50401
Hours: 8:00am to 4:30pm Monday through Friday
Phone: (641) 421-3056
Recording Tips for Cerro Gordo County:
- Verify all names are spelled correctly before recording
- Both spouses typically need to sign if property is jointly owned
- Make copies of your documents before recording - keep originals safe
- Consider using eRecording to avoid trips to the office
Cities and Jurisdictions in Cerro Gordo County
Properties in any of these areas use Cerro Gordo County forms:
- Clear Lake
- Dougherty
- Mason City
- Meservey
- Plymouth
- Rock Falls
- Rockwell
- Swaledale
- Thornton
- Ventura
Hours, fees, requirements, and more for Cerro Gordo County
How do I get my forms?
Forms are available for immediate download after payment. The Cerro Gordo 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 Cerro Gordo County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Cerro Gordo 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 Cerro Gordo 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 Cerro Gordo County?
Recording fees in Cerro Gordo County vary. Contact the recorder's office at (641) 421-3056 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 Cerro Gordo County to use these forms. Documents should be recorded at the office below.
This Memorandum of Contract meets all recording requirements specific to Cerro Gordo County.
Our Promise
The documents you receive here will meet, or exceed, the Cerro Gordo 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
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July 31st, 2022
It was easy to download, received it quickly, the sample really helped. I would like if some of the text was editable. for instance - the addresses were defaulted with the state of filing while we lived in another one.
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October 18th, 2021
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October 19th, 2021
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William S C.
June 11th, 2021
The Lady Bird Deed appears to be fine with me as are the instructions. However, there apparently are no specific laws in Texas addressing them other than they are OK. The problem is that lenders are surely going to use them as triggers for their due on sale clauses, especially as the current small mortgage rates begin to increase. The solution to that seems to be to sign and have them notarized, but not to record them unless the holder needs to enforce the provisions. It seems to me that you should consider your solution to that problem in your instructions.
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September 4th, 2019
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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
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Robert L.
August 27th, 2020
Fairly easy to use process and somewhat reasonably priced. Printed guide and sample filled in can be very helpful, too.
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Janet J.
December 15th, 2022
These forms were very easy to both download and print, as well as fill out on the site and then print. The instructions are clear and concise. We have not yet been to the County to file them, but we are expecting no issues.
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