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.

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

Clay 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 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:
- Check that your notary's commission hasn't expired
- Verify all names are spelled correctly before recording
- White-out or correction fluid may cause rejection
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!
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 - ( 4580 Reviews )
Jimmy W.
November 1st, 2024
Very thorough with plenty of instructions. Nice to be able to fill in the forms on my computer at my own pace and edit if needed. Jim
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
ronnie y.
May 22nd, 2019
well worth the money thank you
Thank you!
Marilyn J.
July 18th, 2020
Just what I needed!
Thank you!
Linda D.
May 12th, 2021
This is a very nice service. Easy to use and reasonable. I especially appreciated the helpful explanations of each of the fields on the form. I will positively use this service again.
Thank you for your feedback. We really appreciate it. Have a great day!
Ben F.
April 14th, 2019
My initial review during download and before reading the guide and forms looks promising.
Thank you!
Emili C.
October 14th, 2020
Thank you! I received my forms promptly and they are easy to follow along for filling out. The examples gave me confidence that they were done correctly.
Thank you for your feedback. We really appreciate it. Have a great day!
Gerald N.
January 22nd, 2022
Very nice website!
Thank you!
Jenifer L.
January 2nd, 2019
I'm an attorney. I see youve mixed up the terms "grantor" and "grantee" and their respective rights in this version. Anyone using it like this might have title troubles down the line.
Thank you for your feedback Jenifer, we have flagged the document for review.
ARNOLD E.
May 3rd, 2019
SO FAR SO GOOD! I AM STILL COMPLETING THE QUIT CLAIM DEED. THANKS....ARNIE
Thank you Arnold, we really appreciate your feedback.
Remon W.
January 26th, 2021
Excellent and fast service. I will be using this site as needed in the future.
Thank you Remon, we appreciate you.
Robert L.
May 10th, 2022
I did not use your service. $19 to upload a document to our local tax accessor office is a bit high. I drove the document to the office myself.
Thank you for your feedback Robert. Glad to hear that you got your document recorded. Sorry to hear that your time, fuel, and wear on your vehicle are valued at less than $19. Have a wonderful day.
Rut P M.
November 15th, 2020
I was very pleased with the document I downloaded. I was able to edit it easily and save a copy both as a permanent copy or one that could still be edited. I also liked being able to cut and paste longer paragraphs. It cost a little more than I expected; however, it was worth it be cause I didn't have to fill it out by hand. Great job!
Thank you for your feedback. We really appreciate it. Have a great day!
Karen M.
May 31st, 2022
Great way to get the forms you need. Quick, easy and affordable
Thank you!
Samy K.
March 2nd, 2022
I searched on line for the blank forms I needed, everyone that said it's free was a part m they wanted to sign me up for a monthly membership, deeds.com had the forms that I can download and fill in, I paid $24 and got more than I needed, very easy company to deal with, I highly recommend them.
Thank you for your feedback. We really appreciate it. Have a great day!
JAMES E.
November 22nd, 2020
Easy to use and excellent software.
Thank you!