Des Moines County Memorandum of Contract Form

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

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

Des Moines 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 Des Moines County documents included at no extra charge:
Where to Record Your Documents
Des Moines County Recorder
Burlington, Iowa 52601
Hours: 8:00am to 4:30pm Mon-Fri
Phone: (319) 753-8221
Recording Tips for Des Moines County:
- White-out or correction fluid may cause rejection
- Bring extra funds - fees can vary by document type and page count
- Recording fees may differ from what's posted online - verify current rates
Cities and Jurisdictions in Des Moines County
Properties in any of these areas use Des Moines County forms:
- Burlington
- Danville
- Mediapolis
- Middletown
- Sperry
- West Burlington
- Yarmouth
Hours, fees, requirements, and more for Des Moines County
How do I get my forms?
Forms are available for immediate download after payment. The Des Moines 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 Des Moines County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Des Moines 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 Des Moines 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 Des Moines County?
Recording fees in Des Moines County vary. Contact the recorder's office at (319) 753-8221 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 Des Moines County to use these forms. Documents should be recorded at the office below.
This Memorandum of Contract meets all recording requirements specific to Des Moines County.
Our Promise
The documents you receive here will meet, or exceed, the Des Moines 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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4.8 out of 5 - ( 4573 Reviews )
Timothy B.
December 17th, 2019
Excellent sample deed, very helpful. Unfortunately, the fill-able template only allowed for one BENEFICIARY.
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Donald P.
November 12th, 2019
Very fast and efficient. Easy to fill out but was upset the latest tax exemptions ruled in 2014 did not seem to be included. Exclusion of sale to blood relatives, etc. _ the one I needed.
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Victor K.
January 27th, 2023
The form I needed was correct and paginated as required. It was accepted w/o penalties. I was not happy about the information which I found way too scant. One sample form does not cover enough possibilities, more would be helpful. The instruction page is a bit better but sometimes it is not clear enough - sometimes it is not clear what the numbered items in the form correspond to. There is no guidance about the process and it would take very little to provide it. Example about "description", say where to find. There is a bunch of "free forms" attached but no guide on which are needed and when. Example: at the counter I was given a paper "conveyance" form and asked to fill it - I did not know it was needed and what it did and so I had not d
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May 17th, 2023
What a great service to provide with excellent directions! At first I thought I would need an attorney, but I walked through the steps and now I have it finished! Saved a ton of money. Thanks Deed.com.
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April 18th, 2019
Easy to use but can't seem to find LOGOUT control????
Thank you for the feedback Ronald. (The Sign Out control is on the top right of the account page)
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February 6th, 2024
Excellent service, no hassle, easy to use, affordable, best service -- hands down. I thought it would be difficult for me to record a deed in Florida while residing in California but you made it so easy. I will tell everyone about your service. Thank you.
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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.
Karen B.
January 13th, 2020
Completed although having the sample really helped. Now to file.
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William P.
June 28th, 2022
VERY difficult to work with. Nice people. But difficult system. Ask for MANY changes. Why dont you do that as a
Sorry to hear of your struggle William. We do hope that you found something more suitable to your needs elsewhere.
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September 13th, 2023
I recently purchased online DIY legal forms, and I must say I was thoroughly impressed. The documents provided were accurate, comprehensive, and precisely what I needed. The accompanying guide was clear, instructive, and really bridged the gap for someone like me who isn't well-versed in legal jargon. What stood out the most, however, was the inclusion of the example. It served as a practical reference and made the entire process so much more approachable. Being able to see a filled-out sample made all the difference. Overall, this product has been invaluable in helping me navigate legal processes on my own.
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Jenine E.
April 4th, 2021
The information seems complete and accurate. The form was easy to use and save. I'll let you know if we encounter problems getting the deed processed.
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Beverly H.
February 13th, 2019
Thanks!!
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Richard H.
January 29th, 2020
Excellent service--couldn't be more complete and useful !
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March 27th, 2023
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August 17th, 2019
Excellent resource for legal forms. Very satisfied. Instructions and caveats explained clearly. Thank You!
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