Iowa Forms

Davis County Memorandum of Contract Form

Davis County Memorandum of Contract Form

Davis 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 8/22/2025
Davis County Memorandum of Contract Guide

Davis County Memorandum of Contract Guide

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

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

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

Where to Record Your Documents

Davis County Recorder
Address:
100 Courthouse Sq, Suite 7
Bloomfield, Iowa 52537

Hours: 7:30 to 4:30 Monday through Friday

Phone: (641) 664-2321

Recording Tips for Davis County:
  • Verify all names are spelled correctly before recording
  • Documents must be on 8.5 x 11 inch white paper
  • Recording fees may differ from what's posted online - verify current rates
  • Ask about their eRecording option for future transactions

Cities and Jurisdictions in Davis County

Properties in any of these areas use Davis County forms:

  • Bloomfield
  • Drakesville
  • Floris
  • Pulaski

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Davis County

How do I get my forms?

Forms are available for immediate download after payment. The Davis 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 Davis County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Davis 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 Davis 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 Davis County?

Recording fees in Davis County vary. Contact the recorder's office at (641) 664-2321 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 Davis County to use these forms. Documents should be recorded at the office below.

This Memorandum of Contract meets all recording requirements specific to Davis County.

Our Promise

The documents you receive here will meet, or exceed, the Davis 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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October 21st, 2022

Easy to use and fast

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July 22nd, 2021

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February 4th, 2021

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November 5th, 2019

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April 23rd, 2022

These guidelines and form helped me lot in preparing quit deed to add my spouse's name in tittle property

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March 25th, 2020

Perfect in every way, the guide was a big help in a few areas that I had questions on. Overall the average person should have no issues with the forms.

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January 20th, 2019

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April 1st, 2020

The deed is great. However, I do not believe your Statement of Full Consideration is up to date as it does not give the reference for an exemption on the Transfer on Death Deed.

Reply from Staff

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March 23rd, 2022

Worked well for us except for not being able to edit. Got it completed and recorded with the county clerk! Having the instructions and example made it easy!

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January 10th, 2022

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April 21st, 2022

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April 8th, 2021

Easy process and staff was very helpful

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