Polk County Memorandum of Installment Land Contract Form
Last validated May 4, 2026 by our Forms Development Team
Polk County Memorandum of Installment Land Contract Form
Fill in the blank Memorandum of Installment Land Contract form formatted to comply with all Tennessee recording and content requirements.

Polk County Memorandum of Installment Land Contract Guide
Line by line guide explaining every blank on the Memorandum of Installment Land Contract form.

Polk County Completed Example of the Memorandum of Installment Land Contract Document
Example of a properly completed Tennessee Memorandum of Installment Land Contract document for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Tennessee and Polk County documents included at no extra charge:
Where to Record Your Documents
Polk County Register of Deeds
Benton, Tennessee 37307
Hours: 8:30am to 4:30pm M-F
Phone: (423) 338-4537
Recording Tips for Polk County:
- Documents must be on 8.5 x 11 inch white paper
- Recorded documents become public record - avoid including SSNs
- Recording fees may differ from what's posted online - verify current rates
- Avoid the last business day of the month when possible
- Request a receipt showing your recording numbers
Cities and Jurisdictions in Polk County
Properties in any of these areas use Polk County forms:
- Benton
- Conasauga
- Copperhill
- Delano
- Ducktown
- Farner
- Ocoee
- Old Fort
- Reliance
- Turtletown
Hours, fees, requirements, and more for Polk County
How do I get my forms?
Forms are available for immediate download after payment. The Polk 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 Polk County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Polk 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 Polk 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 Polk County?
Recording fees in Polk County vary. Contact the recorder's office at (423) 338-4537 for current fees.
Questions answered? Let's get started!
A Memorandum of Contract for Deed is an “instrument affecting the title to real property” under Tennessee recording law because:
It creates or evidences the buyer’s equitable interest in the property; and
It provides notice to third parties (lenders, purchasers, judgment creditors) that the property is subject to an existing contract for deed.
Because it affects title and possession, it is recordable in Tennessee if it meets the formal statutory requirements for recording, including execution, acknowledgment, and compliance with Tenn. Code Ann. § 67-4-409 (recordation tax / oath of consideration or indebtedness).
How Recording the Memorandum Protects the Buyer
Risk Without Memorandum Protection Provided by Recording in Tennessee.
Seller could sell the property to someone else who records first.
Recording gives constructive notice of the buyer’s equitable ownership. Later purchasers take subject to the buyer’s recorded interest.
Seller could place a mortgage or deed of trust on the property after entering the contract. The recorded memorandum makes the new mortgage junior to the buyer’s equitable interest.
Title problems at payoff (seller dies, disappears, or disputes the agreement). The public record shows that the buyer’s interest has existed since the memorandum’s recording date.
Seller’s bankruptcy or judgments could cloud title. A recorded memorandum establishes the buyer’s prior equitable interest, protecting the buyer against many later-filed liens.
* Recording preserves the buyer’s priority position without revealing private contract terms.
How Recording the Memorandum Protects the Seller
Seller Concern How the Memorandum Helps
Buyer might later claim full ownership before completing the contract. The memorandum can state that legal title remains with the seller until the buyer fully performs.
Buyer’s creditors might assert liens or judgments on the buyer’s interest. It clarifies that the buyer holds only an equitable interest and that the seller retains legal title, protecting the seller from unintended encumbrances.
Seller wants confidentiality of financial terms. The memorandum records the existence of the contract without disclosing price, payment schedule, interest, or other private terms.
Seller needs proof of contract timing.
The memorandum’s recording date provides official evidence of when the contract began, useful for enforcing default, forfeiture, or termination.
***The seller retains title clarity and control while preserving privacy.
How a Recorded Memorandum Helps the Seller When Selling or Pledging the Contract
If the seller decides to:
Assign or sell the contract for deed to an investor, or
Use the contract for deed as collateral for financing,
the recorded memorandum helps verify that:
The buyer’s interest is legitimate and publicly recognized;
Payments and terms are part of an enforceable real estate obligation;
The contract has an established, traceable timeline.
Investor and lenders prefer “seasoned,” verifiable paper — a memorandum strengthens the seller’s position.
Balloon Payments and Refinancing
If the contract for deed includes a balloon payment, the memorandum’s recording date establishes:
How long the buyer has been performing,
When the balloon period started, and
That the contract has “seasoned” long enough to qualify the buyer for refinance.
When the buyer seeks a refinance to pay off the balloon, lenders look for:
A recorded memorandum; and
The seller’s payment ledger, receipts, or canceled checks.
Together, these documents prove the contract’s existence and performance history.
Why Recording Benefits Both Parties
Shared Benefit Explanation
Constructive Notice: Recording puts the world on notice of each party’s interests, preventing claims by innocent third parties.
Reduces Disputes: Establishes an official, public record showing that the property is under contract and when that contract began.
Privacy: Only the memorandum is recorded, not the full contract or its financial terms.
Clean Chain of Title: When the buyer pays off the contract, the seller delivers the deed and the buyer records a release of the memorandum, resulting in a clear title history.
The requirement to state “Maximum principal indebtedness for Tennessee recording tax purposes is $__________” in a Tennessee Memorandum of Land Installment Contract comes from the indebtedness (recordation) tax imposed under Tenn. Code Ann. § 67-4-409.
A memorandum of a land installment contract—although shorter than the full contract—still evidences a secured debt between the buyer and seller, similar to a deed of trust or mortgage. Because it reflects the buyer’s obligation to pay the purchase price over time, recording it triggers Tennessee’s indebtedness tax.
The purpose of declaring the maximum principal indebtedness is to give the register of deeds a clear, definite dollar amount on which to calculate the tax at recording. Without this statement (or an attached sworn affidavit stating the same), the register cannot properly determine or collect the tax.
Tennessee calculates the tax at $0.115 per $100 of principal indebtedness in excess of the first $2,000, which is exempt on the initial filing.
For example: if the memorandum lists the maximum principal indebtedness as $100,000, the tax applies to $98,000.
Stating this capped amount ensures the tax is assessed only on principal (excluding interest or fees), and it prevents confusion - especially important for contracts involving future advances or later adjustments to the debt.
For use in Tennessee only.
Important: Your property must be located in Polk County to use these forms. Documents should be recorded at the office below.
This Memorandum of Installment Land Contract meets all recording requirements specific to Polk County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Polk 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 Polk County Memorandum of Installment Land Contract 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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