Question 1

How do I secure a real-estate contract in Santa Clara?

Accepted Answer

Record a memorandum of contract in the Santa Clara real-property records. It puts the public on notice of your equitable interest so the seller can’t cleanly sell to someone else. Notarized online, recorded with the county, and returned to you.

Question 2

Does Santa Clara allow electronic recording of a memorandum?

Accepted Answer

Santa Clara supports electronic recording (via Simplifile), so a compliant memorandum can be on record quickly.

Question 3

What does it cost to record a memorandum in Santa Clara?

Accepted Answer

One flat price that includes the county fee ($25.00 first page first / $3.00 per additional page add'l (+SB2/AB1466 and Real Estate Fraud fees may apply per document type; not-to-exceed (NTE $) check amount accepted if unsure of total owed)), your online notary session, and tracking to a recording number.

Memorandum filing isn't available in California yet