Penobscot County Memorandum of a Land Installment Contract Form (Maine)

The following Maine and Penobscot County supplemental forms are included as a courtesy with your order:

When using these Memorandum of a Land Installment Contract forms, the subject real estate must be physically located in Penobscot County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Penobscot County include:

• Bangor
• Bradford
• Bradley
• Brewer
• Burlington
• Carmel
• Charleston
• Corinna
• Corinth
• Dexter
• Dixmont
• East Millinocket
• East Newport
• Eddington
• Etna
• Exeter
• Garland
• Greenbush
• Hampden
• Holden
• Howland
• Hudson
• Kenduskeag
• Kingman
• Lagrange
• Lee
• Levant
• Lincoln
• Mattawamkeag
• Medway
• Milford
• Millinocket
• Newport
• Old Town
• Orono
• Orrington
• Passadumkeag
• Patten
• Plymouth
• Springfield
• Stacyville
• Stetson
• Stillwater
• West Enfield
• Winn

Recording a memorandum of a land installment contract in Maine is crucial for several key reasons:

1. Public Notice: Recording the contract or memorandum in the registry of deeds ensures that the transaction becomes a matter of public record. This allows third parties, such as future buyers, creditors, or title searchers, to be aware of the ongoing sale and any claims to the property. It provides transparency regarding ownership rights and the terms of the land installment contract.

2. Priority of Claims: By recording the contract or memorandum within 20 days, it establishes the purchaser's interest in the property ahead of any subsequent claims, liens, or encumbrances. This helps protect the buyer's interest in the property and ensures that any subsequent parties, such as future creditors or buyers, are aware of the purchaser's rights under the contract.

3. Enforceability: In real estate transactions, many agreements, including land installment contracts, may be unenforceable against third parties if they are not recorded. Recording the memorandum makes the contract legally enforceable against third parties who might otherwise have no knowledge of the transaction.

4. Legal Clarity: The memorandum of the land installment contract provides essential information such as the names of the vendor and purchaser, a description of the property, and applicable time periods. This ensures that anyone relying on the public record (such as title companies or lenders) has the necessary details to assess the transaction's validity and terms.

5. Protecting the Purchaser: The requirement that the contract or memorandum be recorded within 20 days is in place to protect the purchaser from any potential disputes over ownership or contract terms. If the memorandum is not recorded in time, the purchaser could be at risk if other claims or liens arise against the property.

6. Compliance with Maine Law: Failing to record the contract or memorandum could result in non-compliance with Maine law (as per [PL 1983, c. 368]), which could lead to legal complications, such as the invalidation of the contract or disputes about ownership rights. Complying with this recording requirement ensures that both parties meet the legal obligations outlined in the contract.

In short, recording the memorandum of a land installment contract is a protective and legal requirement in Maine that secures the rights of the purchaser and provides clarity and notice to third parties.

§482. Minimum contents of land installment contracts; recordation- §482(2.) Recordation. Within 20 days after the contract has been signed by both the vendor and the purchaser, the vendor shall cause a copy of the contract or a memorandum of the contract to be recorded at the purchaser's expense in the registry of deeds in the county where the property sold under the contract is located. If a memorandum of the contract is recorded, it shall be entitled "Memorandum of a Land Installment Contract" and shall contain, as a minimum, the names of the parties, the signatures of the parties, a description of the property and applicable time periods. A person other than a vendor and purchaser may rely on the recorded materials in determining whether the requirements of this subsection have been met.

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