Iowa Forms

Pottawattamie County Memorandum of Contract Form

Pottawattamie County Memorandum of Contract Form

Pottawattamie 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
Pottawattamie County Memorandum of Contract Guide

Pottawattamie County Memorandum of Contract Guide

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

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

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

Where to Record Your Documents

Pottawattamie County Recorder
Address:
Courthouse - 227 S 6th St
Council Bluffs, Iowa 51501

Hours: 8:00 AM - 3:30 PM Real Estate Filings

Phone: (712) 328-5612

Recording Tips for Pottawattamie County:
  • Bring your driver's license or state-issued photo ID
  • Avoid the last business day of the month when possible
  • Recorded documents become public record - avoid including SSNs
  • Recording fees may differ from what's posted online - verify current rates

Cities and Jurisdictions in Pottawattamie County

Properties in any of these areas use Pottawattamie County forms:

  • Avoca
  • Carson
  • Carter Lake
  • Council Bluffs
  • Crescent
  • Hancock
  • Honey Creek
  • Macedonia
  • Mc Clelland
  • Minden
  • Neola
  • Oakland
  • Shelby
  • Treynor
  • Underwood
  • Walnut

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Pottawattamie County

How do I get my forms?

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

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

Recording fees in Pottawattamie County vary. Contact the recorder's office at (712) 328-5612 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 Pottawattamie County to use these forms. Documents should be recorded at the office below.

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

Our Promise

The documents you receive here will meet, or exceed, the Pottawattamie 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 Pottawattamie 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 )

Kay I.

December 11th, 2019

Very easy to use. However, the "sample" filled in red ink did not print for me to refer to. Is that the correct desire, not to print?

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Tony R.

July 23rd, 2021

As advertised. Thanks.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

LeAnne A.

July 6th, 2021

Documents are helpful and much appreciated. Grateful for this service when an attorney is not required.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Robert D.

December 25th, 2020

I was trying to register a financial statement (non real estate document). There was no link or statement on the home page to indicate that this could be done. All I had to do was to create an account, name and then upload the document. It took me over a day and several phone calls to the local deed recording office to try to figure this out. A simple link or statement to this effect would have saved me a lot of time

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

lee s.

March 21st, 2019

Over all quality of document was good. The issue I had was where it states claimant did not have a contract with the owner or their agent. I did have a contract with their agent, and there was no option for both. So had improvise.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

patricia w.

August 5th, 2022

Fast, easy download of forms needed. Thank you, Deeds.com

Reply from Staff

Thank you!

Jerry E.

January 21st, 2022

7 stars!

Reply from Staff

Thank you!

Sallie L.

July 7th, 2021

Easy, information given was very helpful!

Reply from Staff

Thank you!

Nancy C.

August 2nd, 2019

So easy and documents downloaded in a flash. Highly recommended. Just gotta fill out and submit done. Thank You

Reply from Staff

Thank you!

Nello P.

January 4th, 2021

very satisfied, useful, and of great assistance

Reply from Staff

Thank you!

Christina D.

March 31st, 2025

The papers allowed me to get done what I needed. But for the price I would expect a spell check. There were spelling errors when there should not have been any. Please proof read

Reply from Staff

Your feedback is a crucial part of our dedication to ongoing improvement. Thank you for your insightful comments.

Shawn B.

November 17th, 2021

Deeds.com support is very quick and responsive. Would use again and recommend to others in need of e-recording.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Logan S.

April 27th, 2020

Wonderful experience. Was preapred to wait days, recording was finished in less than an hour.

Reply from Staff

Thank you!

William G.

January 11th, 2021

I am very pleased with Deeds.com. They responded back very quickly, checked my forms, gave an example for a correction, and submitted the forms over the weekend. What more could you ask?

Reply from Staff

Thank you!

Anita W.

June 18th, 2020

Love this site. It has been truly helpful and easy to navigate.

Reply from Staff

Thank you Anita, glad we could help.