Texas Memorandum of Contract
County Forms
Where is the property located?
Anderson CountyAndrews CountyAngelina CountyAransas CountyArcher CountyArmstrong CountyAtascosa CountyAustin CountyBailey CountyBandera CountyBastrop CountyBaylor CountyBee CountyBell CountyBexar CountyBlanco CountyBorden CountyBosque CountyBowie CountyBrazoria CountyBrazos CountyBrewster CountyBriscoe CountyBrooks CountyBrown CountyBurleson CountyBurnet CountyCaldwell CountyCalhoun CountyCallahan CountyCameron CountyCamp CountyCarson CountyCass CountyCastro CountyChambers CountyCherokee CountyChildress CountyClay CountyCochran CountyCoke CountyColeman CountyCollin CountyCollingsworth CountyColorado CountyComal CountyComanche CountyConcho CountyCooke CountyCoryell CountyCottle CountyCrane CountyCrockett CountyCrosby CountyCulberson CountyDallam CountyDallas CountyDawson CountyDe Witt CountyDeaf Smith CountyDelta CountyDenton CountyDickens CountyDimmit CountyDonley CountyDuval CountyEastland CountyEctor CountyEdwards CountyEl Paso CountyEllis CountyErath CountyFalls CountyFannin CountyFayette CountyFisher CountyFloyd CountyFoard CountyFort Bend CountyFranklin CountyFreestone CountyFrio CountyGaines CountyGalveston CountyGarza CountyGillespie CountyGlasscock CountyGoliad CountyGonzales CountyGray CountyGrayson CountyGregg CountyGrimes CountyGuadalupe CountyHale CountyHall CountyHamilton CountyHansford CountyHardeman CountyHardin CountyHarris CountyHarrison CountyHartley CountyHaskell CountyHays CountyHemphill CountyHenderson CountyHidalgo CountyHill CountyHockley CountyHood CountyHopkins CountyHouston CountyHoward CountyHudspeth CountyHunt CountyHutchinson CountyIrion CountyJack CountyJackson CountyJasper CountyJeff Davis CountyJefferson CountyJim Hogg CountyJim Wells CountyJohnson CountyJones CountyKarnes CountyKaufman CountyKendall CountyKenedy CountyKent CountyKerr CountyKimble CountyKing CountyKinney CountyKleberg CountyKnox CountyLa Salle CountyLamar CountyLamb CountyLampasas CountyLavaca CountyLee CountyLeon CountyLiberty CountyLimestone CountyLipscomb CountyLive Oak CountyLlano CountyLoving CountyLubbock CountyLynn CountyMadison CountyMarion CountyMartin CountyMason CountyMatagorda CountyMaverick CountyMcculloch CountyMclennan CountyMcmullen CountyMedina CountyMenard CountyMidland CountyMilam CountyMills CountyMitchell CountyMontague CountyMontgomery CountyMoore CountyMorris CountyMotley CountyNacogdoches CountyNavarro CountyNewton CountyNolan CountyNueces CountyOchiltree CountyOldham CountyOrange CountyPalo Pinto CountyPanola CountyParker CountyParmer CountyPecos CountyPolk CountyPotter CountyPresidio CountyRains CountyRandall CountyReagan CountyReal CountyRed River CountyReeves CountyRefugio CountyRoberts CountyRobertson CountyRockwall CountyRunnels CountyRusk CountySabine CountySan Augustine CountySan Jacinto CountySan Patricio CountySan Saba CountySchleicher CountyScurry CountyShackelford CountyShelby CountySherman CountySmith CountySomervell CountyStarr CountyStephens CountySterling CountyStonewall CountySutton CountySwisher CountyTarrant CountyTaylor CountyTerrell CountyTerry CountyThrockmorton CountyTitus CountyTom Green CountyTravis CountyTrinity CountyTyler CountyUpshur CountyUpton CountyUvalde CountyVal Verde CountyVan Zandt CountyVictoria CountyWalker CountyWaller CountyWard CountyWashington CountyWebb CountyWharton CountyWheeler CountyWichita CountyWilbarger CountyWillacy CountyWilliamson CountyWilson CountyWinkler CountyWise CountyWood CountyYoakum CountyYoung CountyZapata CountyZavala CountyMemorandum of Contract for Real Estate Located in Texas
When is this document used?
When a property is sold, and a Contract has been executed by both parties this Memorandum document is often recorded in the county where the subject property is located instead of the actual Contract. Stating - Seller has agreed to sell, and Buyer has agreed to buy, the Property upon the terms and conditions set forth in the Contract.
Why a Memorandum of Contract?
Privacy - When parties want to keep financial details of a Contract for Deed, Land Contract or Buy-Sell Agreement private, a Memorandum is recorded.
Notice - puts the world on notice that a Contract between buyer and seller exists on a specific property.
Legal - legal binding agreement between buyer and seller concerning the property in question.
Protection - Often filed by buyers alone, after a contract has been executed, preventing loans or encumbrances being placed on the property by existing Deed holder. Encumbrances have been placed on properties even though the Contract states they can't. This can be devastating for a buyer who has made payments. A Memorandum is an effective instrument to prevent this. In short, either the Contract or Memorandum should be recorded for your protection.
Seller Financing - When the buyer chooses or is obligated to obtain bank financing a Memorandum legitimizes the purchase agreement, providing proof to the bank that a deal was in place. Most banks will require that the Contract or Memorandum be recorded before they will finance the property in question.
(Texas Memorandum of Contract Package includes form, guidelines, and completed example)