Tama County Memorandum of Contract Form

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

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

Tama 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 Tama County documents included at no extra charge:
Where to Record Your Documents
Tama County Recorder
Toledo, Iowa 52342
Hours: 8:00am to 4:30pm.M-F
Phone: (641) 484-3320
Recording Tips for Tama County:
- Double-check legal descriptions match your existing deed
- Request a receipt showing your recording numbers
- Ask about their eRecording option for future transactions
Cities and Jurisdictions in Tama County
Properties in any of these areas use Tama County forms:
- Buckingham
- Chelsea
- Clutier
- Dysart
- Elberon
- Garwin
- Gladbrook
- Lincoln
- Montour
- Tama
- Toledo
- Traer
- Vining
Hours, fees, requirements, and more for Tama County
How do I get my forms?
Forms are available for immediate download after payment. The Tama 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 Tama County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Tama 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 Tama 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 Tama County?
Recording fees in Tama County vary. Contact the recorder's office at (641) 484-3320 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 Tama County to use these forms. Documents should be recorded at the office below.
This Memorandum of Contract meets all recording requirements specific to Tama County.
Our Promise
The documents you receive here will meet, or exceed, the Tama 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 Tama 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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May 3rd, 2019
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August 14th, 2020
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February 12th, 2022
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May 12th, 2020
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August 26th, 2019
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May 21st, 2020
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ELOISA F.
May 27th, 2021
Once I had everything right;the recording was fast and easy. I was updated at every juncture and apprised of my mistakes in order to fix and record my deed. To improve service: I think that several different examples and scenarios would have helped. If you have different names from your children; birth certificates and marriage certificates are a requirement in Clark County, NV. If you want to add anyone to the deed in a Quit Claim Deed; you have to add yourself as a grantee even if you are the grantor along with the other grantees.
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January 5th, 2022
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March 9th, 2019
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June 11th, 2020
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May 24th, 2020
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May 13th, 2019
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December 10th, 2019
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May 26th, 2021
The deed was very easy to use and the material provided were helpful in completing the form. We haven't filed it yet, but I assume that all will go well.
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September 13th, 2022
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