Oklahoma Memorandum of Contract for Deed
County Specific Legal Forms Validated as recently as April 17, 2026 by our Forms Development Team
About the Oklahoma Memorandum of Contract for Deed
How to Use This Form
- Select your county from the list on the left
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
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A Memorandum of Contract for Deed is used in Oklahoma (and many other states) as a public notice of a buyer’s interest in property without putting the full contract in the public record.
Here’s the breakdown:
1. Purpose – “Notice Without Full Disclosure”
A Contract for Deed (a.k.a. land contract or installment sale) is usually many pages long, full of payment terms, interest rates, default clauses, etc.
If you recorded the full contract, all those details would become public record.
A memorandum is a short, 1–2 page document summarizing key facts needed to give constructive notice in the county records — without revealing the private financial terms.
2. What it typically contains
A Memorandum of Contract for Deed usually states:
The names of seller and buyer
Date of the contract
Legal description of the property
Statement that a Contract for Deed exists
The principal amount secured (for mortgage tax purposes)
Signatures and notary acknowledgment
3. Why it’s used instead of the full contract
A. Privacy
Keeps sensitive details — like interest rates, payment schedules, or personal info — out of public records.
B. Recording efficiency
County clerks charge per page. A 2-page memorandum costs less to record than a 15-page contract.
C. Legal protection
Once recorded, the memorandum gives constructive notice to the world of the buyer’s equitable interest.
This protects the buyer from later claims by third parties, like new lenders or purchasers from the seller, because they are deemed to have notice of the buyer’s rights.
D. Statutory compliance In Oklahoma, the Real Estate Contract Act requires certain installment sales (including many Contracts for Deed) to be recorded within 30 days of execution.
Recording a memorandum satisfies this requirement if it contains the necessary info.
1. Oklahoma treats many contracts like mortgages for tax purposes
Under 68 O.S. § 1901 et seq., if a Contract for Deed, Lease-Purchase, or similar agreement gives the buyer equitable title and secures payment over time, it is treated like a mortgage when recorded.
• That means the County Clerk must collect mortgage tax based on the principal amount financed before recording.
• Even if you’re only recording a memorandum (not the full contract), the tax still applies.
2. The clerk can’t process without the amount financed
A memorandum usually says:
“…memorandum of that certain Contract for Deed dated ___, between Seller and Buyer…”
If it doesn’t list the principal amount secured, the clerk has no basis to calculate the tax.
• Without that number, they’ll reject the filing or require a Mortgage Tax Information Statement to be attached.
3. Avoids overpayment or underpayment
If the amount is missing, someone might mistakenly use the purchase price instead of the loan amount.
• Overpayment = wasted money
• Underpayment = filing isn’t perfected until the tax is corrected, which can weaken the notice in the public record.
How to Use This Form
- Select your county from the list above
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
What Others Like You Are Saying
"Thank you for taking care of a recording very quickly. I am very impressed by your service an would …"
"Easy to use and download. Will use in the future, if ever needed."
"simple, Clean, and easy, to retrieve the forms i needed, while on this site. and the Fee for the Fil…"
"First time user and was directed there from a search on my home state for a state form. The download…"
"This was a very easy and organized system to use."
Common Uses for Memorandum of Contract for Deed
- Establish a contract for deed for commercial property
- Document a rent-to-own or lease-purchase arrangement
- Remove a recorded land contract lien after final payment
- Sell property with seller financing instead of a traditional mortgage
Compare other Oklahoma deed forms and documents
Important: County-Specific Forms
Our memorandum of contract for deed forms are specifically formatted for each county in Oklahoma.
After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.