How to Record a Memorandum of Agreement to Property

By Marguerite Gautier

After an Agreement for Purchase and Sale has been signed for real estate, if a purchaser has some concerns about whether the deal will go through or fears the seller may sell to someone else, he can obtain an Affidavit and Memorandum of Agreement of Purchase and Sale. This is used to make a public record of the intended purchase and sale of a property. It is a simple matter to have this document recorded.

Obtain a sample form of an Affidavit and Memorandum of Agreement of Purchase and Sale. This can be found in legal forms for purchase or can be downloaded from the Internet at docstoc.com.

Complete the form. Fill in the names of the purchaser and seller; the date the Agreement for Purchase and Sale was signed; when the closing date is to take place; and your name, address and phone number as the person from whom a copy of the agreement can be obtained. Attach a separate piece of paper with the title: Exhibit “A” Description of Real Property. Insert the description of the property that was used in the Agreement of Purchase and Sale.

Have the document notarized.

Go to the court house of the county where the property is located. File the Affidavit and Agreement of Purchase and Sale with the county clerk for real-estate records and pay the requested fee.

About the Author

Marguerite Gautier has been writing professionally since 1997. Her general interest articles have appeared online at Manidoo and her astrological and historical writings have appeared in “Love Signs and You” and “Your Birthday Sign Through Time.” She has a Bachelor of Arts in English from Macalester College and a Master of Arts in library science from the University of Minnesota.

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