How It Helps a Quiet Title Action, Foreclosure Action or Release of Memorandum of Contract when the buyer has abandoned the property.

1. Creates a Public Record
Establishes a recorded timeline of default and abandonment.

Can be used to show that you made efforts to notify the buyer and that they ceased fulfilling obligations.

Helps satisfy the court’s requirement that the seller is acting in good faith.

2. Supports a Claim of Abandonment
Quiet title actions often require showing that no one else has a valid interest in the property.

The affidavit provides sworn, written evidence that the buyer no longer occupies, claims, or maintains the property.

3. Supplements Notice Requirements
Even if the buyer cannot be reached, the recorded affidavit can:

Show that you tried to locate or contact them

Help justify constructive notice (notice through public record) in lieu of personal service

4. Strengthens Foreclosure or Termination Case If proceeding with judicial foreclosure, the affidavit:

Lays out the buyer’s default in advance

Helps establish that default was material and ongoing

May streamline the case, especially if the buyer doesn’t respond

5. “Release of Memorandum of Contract” when property is abandoned.
If you cannot get the buyer to sign, but have evidence of:
Default
Abandonment
No claim or performance under the contract
Reference The recorded affidavit of abandonment (include its book/page)
Send notice of the release to the buyer’s last known address (optional but strongly advised)
You can move to release the memorandum yourself, but this is a legal gray area unless the contract authorizes you to do so unilaterally.

Legal Caution: While this approach is commonly used in practical title clearing, it’s not guaranteed to be bulletproof if the buyer later contests it. If the buyer resurfaces and claims an interest, you may still need to: File a quiet title action, or Get a court order confirming the termination.

An Affidavit of Abandonment strengthens your case to be most effective. While you still may need a court action to formally extinguish the buyer’s interest, a well-written, recorded Affidavit of Abandonment shows due diligence, documents breach and abandonment and may shorten or simplify litigation.

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