Iowa Forms

Clay County Memorandum of Contract Form

Clay County Memorandum of Contract Form

Clay County Memorandum of Contract Form

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

Document Last Validated 6/9/2025
Clay County Memorandum of Contract Guide

Clay County Memorandum of Contract Guide

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

Document Last Validated 7/28/2025
Clay County Completed Example of the Memorandum of Contract Document

Clay County Completed Example of the Memorandum of Contract Document

Example of a properly completed Iowa Memorandum of Contract document for reference.

Document Last Validated 4/23/2025

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

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

Where to Record Your Documents

Clay County Recorder
Address:
County Administration Bldg - 300 W 4th St, Suite 3
Spencer, Iowa 51301

Hours: 8:00am to 4:30pm M-F

Phone: (712) 262-1081

Recording Tips for Clay County:
  • Double-check legal descriptions match your existing deed
  • White-out or correction fluid may cause rejection
  • Both spouses typically need to sign if property is jointly owned
  • If mailing documents, use certified mail with return receipt

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

View Complete Recorder Office Guide

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!

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 Clay County to use these forms. Documents should be recorded at the office below.

This Memorandum of 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.

Save Time and Money

Get your Clay 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 - ( 4573 Reviews )

John C.

December 1st, 2020

Great site and information. Very useful.

Reply from Staff

Thanks John, we appreciate your kind words.

Travis S.

May 6th, 2023

I couldn't even look for a deed because the website said that deed/title searching wasn't available. Very disappointed about it.

Reply from Staff

I'm sorry to hear that you had a disappointing experience with the website's deed/title searching feature. It can be frustrating when a feature you were hoping to use isn't available.
We do hope that you found what you were looking for elsewhere.

Melinda P.

January 4th, 2020

I received my documents immediately! Thats was a huge relief!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Scott A.

August 3rd, 2019

The information and instructions provided is thorough and great. But, the fill-in-the-blanks form does not work well and is very frustrating. The font size of the information I was adding on each individual line varies and is determined by the number of characters entered on that individual line. So the font size is different on each line. And the number of lines is fixed making it impossible to fill in the full legal name of the trust I needed to fill out the form for. My needs are somewhat unusual, but the form should have been designed to be flexible enough to handle it. A blank paper form would have been more useful.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Frank T.

February 3rd, 2020

Great service, fast easy to use, accurate forms for our project. Thank you. FTM

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Peggy L.

November 16th, 2020

Exactly what I needed and so nice to not have to pay a lawyer

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Margaret C.

February 9th, 2021

I recieved my document in a reasonable amount of time. I thought being a member i would be able to look up more than 1 document but it keeps asking me for more money. I requested help, asking if I need to pay for each document but have not yet been answered. I appreciate the fact I got 1 document I needed quickly.

Reply from Staff

Thank you!

Robert L.

September 28th, 2020

It was easy for me to open an account and upload a document for recording.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Louise S.

May 15th, 2022

The form was easy to download and complete however you should be able to convert to a word document.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Don M.

September 9th, 2021

I find the site very difficult to nagitagte.

Reply from Staff

Sorry to hear that Don, we’ll try harder.

Sandra W.

March 11th, 2020

No issues with the forms.

Reply from Staff

Thank you!

Leo H.

May 26th, 2021

The deed was very easy to use and the material provided were helpful in completing the form. We haven't filed it yet, but I assume that all will go well.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Nigel S.

June 24th, 2025

Very simple to use. The 'completed examples' are very helpful.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Spencer A.

January 25th, 2019

Deeds.com made it so easy to file my paper work with the county. It saved me half a days travel and cost me about a tank of gas. This service was well worth the saved travel time and energy. I would highly recommend this service to other individuals. The other companies I spoke with only service law firms, title companies & banks etc. Thanks deed.com, I'll be back and will refer all my friends too.

Reply from Staff

Thank you so much Spencer, we really appreciate your feedback!

Dennis S.

November 8th, 2020

Simple quitclaim form, worked perfectly for my area.

Reply from Staff

Thank you!