Cherokee County Memorandum of Contract for Deed Form

Additional Oklahoma and Cherokee County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Cherokee County

Properties in any of these areas use Cherokee County forms:

• Cookson
• Hulbert
• Moodys
• Park Hill
• Peggs
• Tahlequah
• Welling

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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.

Important: Your property must be located in Cherokee County to use these forms. Documents should be recorded at the office below.

This Memorandum of Contract for Deed meets all recording requirements specific to Cherokee County.

Our Promise

The documents you receive here will meet, or exceed, the Cherokee County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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