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.

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

Davis 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 Davis County documents included at no extra charge:
Where to Record Your Documents
Davis County Recorder
Bloomfield, Iowa 52537
Hours: 7:30 to 4:30 Monday through Friday
Phone: (641) 664-2321
Recording Tips for Davis County:
- Double-check legal descriptions match your existing deed
- Make copies of your documents before recording - keep originals safe
- Have the property address and parcel number ready
Cities and Jurisdictions in Davis County
Properties in any of these areas use Davis County forms:
- Bloomfield
- Drakesville
- Floris
- Pulaski
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.
Save Time and Money
Get your Davis 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 )
Barbara H.
October 4th, 2019
So far so good. Thanks for making this easy and affordable.
Thank you for your feedback. We really appreciate it. Have a great day!
William C.
September 9th, 2020
Good service, great price, the website is a bit hard to maneuver in places.
Thank you for your feedback. We really appreciate it. Have a great day!
Hayley C.
November 19th, 2020
Love this site, so easy to work with and customer service is amazing.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Angela D.
August 19th, 2020
The only problem I had was that it doesn't let you create a file for all documents to go into as one. Mahalo Angie
Thank you for your feedback. We really appreciate it. Have a great day!
Angela S.
April 29th, 2021
Very easy process and efficient. Made my job easier.
Thank you for your feedback. We really appreciate it. Have a great day!
Roger S.
August 19th, 2020
status was canceled. said i needed to record directly. would be 5 stars if it worked.
Sorry for the inconvenience Roger. Unfortunately, not all jurisdictions in the country have progressed to the point of being able to accept all document types for e-recording.
Lora N.
April 11th, 2023
Excellent, easy to use! Awesome system. Loved it.
Thank you!
Heidi G.
August 19th, 2020
Very happy with the service that you offer. My office will use you again.
Great to hear Heidi, glad we could help. Have an amazing day!
Sharon B.
August 11th, 2022
My questions were answered promptly. I was not able to locate the deed I was searching for because my county has not uploaded the documents to be accessed through this system. I am sure I could have found what I was looking for had the information been available through the system. Thank you for your assistance.
Thank you!
Nancy B.
August 23rd, 2020
Deeds.com is a godsend! Being able to download the pertinent state and county specific forms reassured me of having the correct t forms in which to proceed. The cost was most reasonable. Thanks for this service.
Thank you!
Patricia H.
May 17th, 2022
I really like this site and it's actually recommended by many County Recorders. I especially like that there's not join up/monthly fee. It's easy to use and the customer support is outstanding. They're very helpful and patient.
Thank you for your feedback. We really appreciate it. Have a great day!
Marcia D.
March 16th, 2023
Excellent... This website was awesome. Exactly what I was looking for.
Thank you!
Todd W.
September 3rd, 2020
Communication is hard. The reps need to be empowered and encouraged to call the customers when necessary. They encourage 300 dpi resolution and under 2 MB PDF file, which is not even possible with our scanner. They made a vague comment about a legal description looking abbreviated but did not explain. They refused to call me. They said the county said "Image is light please darken", but the image looked fine to me. Maybe not their fault, but they refused to help work with the county on that for me. I followed their suggestion though and re-scanned at 300 dpi, but they misunderstood me and did not re-submit it right away. Over 48 hours later, it's still not recorded yet. I hope it will be today.
Thank you for your feedback Todd.
Corinna N.
October 20th, 2024
The website made it easy to find and print out the documents I needed. The whole process was straightforward and user-friendly. Highly recommend!
We are grateful for your feedback and looking forward to serving you again. Thank you!
James P.
July 28th, 2020
I wish I used this site more often. The format is pretty easy but the messages were invaluable and the staff were great. I was able to complete my transaction in a Covid environment from the security of my own home. Great service and tools!
Thank you for your feedback. We really appreciate it. Have a great day!