Cherokee County Memorandum of Trust Form

Cherokee County Memorandum of Trust Form
Fill in the blank form formatted to comply with all recording and content requirements.

Cherokee County Memorandum of Trust Guide
Line by line guide explaining every blank on the form.

Cherokee County Completed Example of the Memorandum of Trust Form
Example of a properly completed form for reference.
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Additional Oklahoma and Cherokee County documents included at no extra charge:
Where to Record Your Documents
Cherokee County Clerk
Tahlequah, Oklahoma 74464
Hours: 8:00am to 4:30pm Monday through Friday
Phone: (918) 456-3171
Recording Tips for Cherokee County:
- White-out or correction fluid may cause rejection
- Bring extra funds - fees can vary by document type and page count
- Make copies of your documents before recording - keep originals safe
- Ask about their eRecording option for future transactions
- Verify the recording date if timing is critical for your transaction
Cities and Jurisdictions in Cherokee County
Properties in any of these areas use Cherokee County forms:
- Cookson
- Hulbert
- Moodys
- Park Hill
- Peggs
- Tahlequah
- Welling
Hours, fees, requirements, and more for Cherokee County
How do I get my forms?
Forms are available for immediate download after payment. The Cherokee 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 Cherokee County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Cherokee 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 Cherokee 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 Cherokee County?
Recording fees in Cherokee County vary. Contact the recorder's office at (918) 456-3171 for current fees.
Questions answered? Let's get started!
In Oklahoma, the memorandum of trust is codified at 60 O.S. 175.6a. Executed by a trustee, the memorandum of trust is a recorded document pertaining to real property acquisitions and transfers by an express private trust.
An express private trust refers to any trust that is "created with the settlor's express intent, usually declared in writing," and is not a business trust [1]. In a trust arrangement, a settlor conveys property to another person (the trustee) to be held for a third (the beneficiary). The trust is administered pursuant to the terms of a written document executed by the settlor. This document, called the trust instrument, designates the trustee and trust beneficiaries and outlines the provisions of the trust and the scope of the trust's assets. In some cases, the trust instrument may be recorded, but it is generally a private document.
In lieu of providing parties outside of the trust arrangement with the full trust instrument, a trustee may provide a memorandum when entering into real property transactions. The memorandum is an abstract of the trust instrument that is recorded when the trust acquires real property or when the trustee is conveying real property held in the trust. The document contains only essential information about the trust, allowing the settlor to keep his estate plans and other information irrelevant to the transaction at hand private. It is similar to a certification of trust (under the Uniform Trust Code), the major difference being that the certification is generally not recorded.
There are differences of opinion among title examiners on when a memorandum is required [2]. Oklahoma Title Standard 15.2 states that when real property is transferred to or by the name of a trustee as trustee of a named express private trust, a memorandum of trust is not required. Where a settlor makes a conveyance to a trust using the trust's name alone as the grantee, the Title Standards require a memorandum of trust (see also 60 O.S. 175.6a) [3].
The memorandum of trust provides the name of the trust and the name and address of each trustee of the trust, as well as the date the trust was created. Because the document pertains to real property, a legal description of the parcel subject to the transaction for which the memorandum is being recorded may be required.
A memorandum of trust is sometimes recorded alongside a conveyance by trustee as part of the deed as evidence of the trust's existence and the trustee's authority (as the trust instrument is generally not a matter of public record). The form should be signed by the trustees of a trust in the presence of a notary public before recording in the county in which the real property is located.
Consult a lawyer with questions about express private trusts and memoranda of trust in Oklahoma.
[1] Black's Law Dictionary, 8th ed.
[2] http://www.jhbpc.com/Estate-Planning-In-Depth/memotrust.htm
[3] http://eppersonlaw.com/wp-content/uploads/2013/05/1-ORIGINAL-2016-TES-HANDBOOK-Final-160111.pdf
(Oklahoma MOT Package includes form, guidelines, and completed example)
Important: Your property must be located in Cherokee County to use these forms. Documents should be recorded at the office below.
This Memorandum of Trust 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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