Iowa Forms

Montgomery County Memorandum of Contract Form

Montgomery County Memorandum of Contract Form

Montgomery 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
Montgomery County Memorandum of Contract Guide

Montgomery County Memorandum of Contract Guide

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

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

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

Where to Record Your Documents

Montgomery County Recorder
Address:
105 E Coolbaugh St / PO Box 469
Red Oak, Iowa 51566

Hours: 8:00am to 4:30pm Monday through Friday

Phone: (712) 623-4363

Recording Tips for Montgomery County:
  • Documents must be on 8.5 x 11 inch white paper
  • Ask if they accept credit cards - many offices are cash/check only
  • Check that your notary's commission hasn't expired

Cities and Jurisdictions in Montgomery County

Properties in any of these areas use Montgomery County forms:

  • Elliott
  • Grant
  • Red Oak
  • Stanton
  • Villisca

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Montgomery County

How do I get my forms?

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

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

Recording fees in Montgomery County vary. Contact the recorder's office at (712) 623-4363 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 Montgomery County to use these forms. Documents should be recorded at the office below.

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

Our Promise

The documents you receive here will meet, or exceed, the Montgomery 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 Montgomery 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.

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Kari G.

July 15th, 2021

The service was prompt and attentive to my questions. I would've just appreciated a heads up that I also needed to contact the county directly (and provide contact info) to receive a certified copy of the document (Notice of Commencement) in order to submit the certified copy to the Building Department. This was an extra step that I haven't had to complete before using another eRecording service. Even if this extra step is a result of the county's system. I would still have expected a head's up (since there wasn't any info regarding this on the county's site for eRecording).

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August 1st, 2023

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January 31st, 2019

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February 15th, 2023

Fairly easy to use. I had to really search to get some info. I had to use the Exhibit feature because the description box was way too small and I ended up re-typing it. The package had good and useful links. The County Clerk looked at it and said, "I see you used an online form, and that's OK, but..." and proceeded to show me a couple of things that were left out. They recorded it with no problems.

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May 29th, 2020

Since the recorder's office is closed, due to Covid, this worked well to submit my Quit Claim Deed. I was a bit confused with the direction and download. But, I think I got her done! We'll see if I get recorded and confirmation is received. I may be back

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