Clark County Memorandum of Contract for Deed Form
Last validated June 11, 2026 by our Forms Development Team
Clark County Memorandum of Contract for Deed Form
Fill in the blank Memorandum of Contract for Deed form formatted to comply with all South Dakota recording and content requirements.

Clark County Memorandum of Contract for Deed Guide
Line by line guide explaining every blank on the Memorandum of Contract for Deed form.

Clark County Completed Example of the Memorandum of Contract for Deed Document
Example of a properly completed South Dakota Memorandum of Contract for Deed document for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional South Dakota and Clark County documents included at no extra charge:
Where to Record Your Documents
Clark County Register of Deeds
Clark, South Dakota 57225-0294
Hours: 7:30 to 5:00 Mon-Fri
Phone: (605) 532-5363
Recording Tips for Clark County:
- Ensure all signatures are in blue or black ink
- Ask if they accept credit cards - many offices are cash/check only
- Double-check legal descriptions match your existing deed
- Request a receipt showing your recording numbers
- Leave recording info boxes blank - the office fills these
Cities and Jurisdictions in Clark County
Properties in any of these areas use Clark County forms:
- Bradley
- Carpenter
- Clark
- Garden City
- Raymond
- Vienna
- Willow Lake
Hours, fees, requirements, and more for Clark County
How do I get my forms?
Forms are available for immediate download after payment. The Clark 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 Clark County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Clark County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Clark 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 Clark County?
Recording fees in Clark County vary. Contact the recorder's office at (605) 532-5363 for current fees.
Questions answered? Let's get started!
A memorandum of contract for deed is an “instrument affecting the title to or possession of real property” because:
• It creates or evidences a buyer’s equitable interest in the property.
• It notifies third parties (like lenders or later buyers) that the property is subject to a contract for deed.
Therefore, under 43-28-1, it is recordable — but only if it meets the formal requirements for recording.
How It Protects the Buyer (Vendee)
Risk Without Memorandum ---Protection Provided by Recording
Seller could sell the property again to someone else who records first.---Recording gives public notice of the buyer’s equitable ownership. Later buyers or lenders are bound by that recorded interest.
Seller could take out a mortgage on the property after the contract starts.----The recorded memorandum makes that mortgage junior (subordinate) to the buyer’s prior equitable interest.
Title issues after full payment.---The recorded memorandum helps prove that the buyer’s contract has existed for a specific period, useful if the seller dies, disappears, or disputes the sale.
Protection in bankruptcy or judgment situations. ---If the seller’s creditors file liens, the buyer’s recorded memorandum shows an earlier interest , protecting the buyer’s claim to the property.
Note: A Memorandum gives the buyer priority protection without having to make the full contract public.
How It Protects the Seller (Vendor)
Seller’s Concern---How the Memorandum Helps
Buyer might try to claim ownership beyond the contract terms.---The memorandum can specify that title remains with the seller until full performance, clarifying the seller’s legal ownership.
Buyer’s creditors might file liens or judgments.--- A memorandum identifies the transaction type (a contract for deed), signaling that the buyer’s interest is equitable, not legal, and that the seller still holds title.
Seller wants to keep the full contract terms private.---The memorandum summarizes the transaction without disclosing the price, interest rate, or payment schedule — preserving confidentiality.
Seller wants to establish proof of timing.---The recording date serves as official evidence of when the contract was executed — useful for enforcing forfeiture or termination later.
So while the buyer’s protection is about notice and priority, the seller’s protection is about title control and clarity.
How a Memorandum Supports Seller’s Case When Selling or Pledging the Contract
If the seller wants to:
• Sell the contract for deed (assign the note to an investor), or
• Use the contract as collateral for financing
The recorded memorandum demonstrates that:
• The buyer’s payments are established and ongoing.
• The contract is legally binding and publicly recognized.
Note: Investors and lenders value “paper” more when it’s verifiable and seasoned.
Strengthens Seller’s Position if a Balloon Payment Is Due.
When the contract includes a balloon clause (e.g., “balance due after 6 years”), the memorandum’s recording date proves when that period began. That helps show the timeline for:
• How long the buyer has performed
• When the balloon payment becomes due
• That the contract has been “seasoned” enough to qualify the buyer for a refinance
Lenders refinancing the buyer (to pay off the balloon) want proof of the contract’s existence and performance period.
The recorded memorandum plus the seller’s payment ledger or canceled checks together provide that evidence.
Why It Benefits Both Sides
Shared Benefit ---Explanation
Constructive Notice---Recording puts the world on notice that both parties have a legal interest, preventing innocent third parties from claiming lack of knowledge.
Reduces disputes---A public record establishes that the property is under contract, reducing “he said/she said” disputes about when or whether a deal existed.
Privacy---Both parties avoid exposing the full financial terms, unlike recording the full contract.
Clean chain of title---Later, when the buyer pays off the contract, the seller’s delivery of the deed and the buyer’s release of the memorandum create a clear record for future title searches.
Important: Your property must be located in Clark 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 Clark County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Clark County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.
Save Time and Money
Get your Clark County Memorandum of Contract for Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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December 18th, 2019
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April 25th, 2024
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September 24th, 2019
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April 29th, 2021
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November 30th, 2021
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October 18th, 2021
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Sharon B.
August 11th, 2022
My questions were answered promptly. I was not able to locate the deed I was searching for because my county has not uploaded the documents to be accessed through this system. I am sure I could have found what I was looking for had the information been available through the system. Thank you for your assistance.
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August 14th, 2022
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April 15th, 2023
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February 11th, 2025
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Kelly Y.
September 1st, 2022
The document was easy to locate, pay for and download. I hope it will be this easy to process by the County!
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Stephen D.
January 15th, 2019
Very good hope to use in the future.
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