A memorandum of contract tells the world, through the public record, that you hold an interest in a property under contract. But putting a document on record is only half of doing it cleanly. The other half is proving you also told the owner directly — and that proof takes the form of a sworn affidavit. Skip it, and a filing can stall or look like something it shouldn't.
What is an affidavit of memorandum?
An affidavit of memorandum is a short sworn statement that accompanies your recorded memorandum of contract. In it, the person who filed the memorandum swears — under oath, in front of a notary — that they sent a copy of the memorandum to the owner of record: when they sent it, how they sent it (certified mail), and to what address. Because it's an affidavit, it isn't merely signed and acknowledged — it's sworn to be true. That distinction carries real weight, and we come back to it below.
Think of it as the receipt for the notice. The memorandum announces the deal; the affidavit proves the owner was told the announcement was coming. Recorded together, they form a complete, self-documenting filing.
Why a §12.020 memorandum needs a sworn certificate of mailing
Texas Property Code §12.020 is the recording framework Jurably's memorandum is built to satisfy. Recording gives the world constructive notice — anyone who runs title will see your interest. But constructive notice is passive: it assumes people go looking. A sworn certificate of mailing adds actual notice — evidence the owner was personally told, by certified mail, that the memorandum exists.
That combination is what keeps a memorandum honest. It protects a genuine equitable interest in the open, on the record, with the owner informed — rather than a quiet cloud on title the owner discovers only when they try to sell. A memorandum is lawful notice of a real, already-executed contract. The affidavit is the part that shows you did it the right way: transparently, with a paper trail, not as leverage.
Plain English
The memorandum tells the public. The affidavit proves you also told the owner — by certified mail, on a specific date, under oath. Together they make a filing that stands on its own.
The certified-mail + USPS-acceptance requirement
The affidavit doesn't just say "notice was sent." It attests to a specific, verifiable event: that the notice went by certified mail and was accepted by the U.S. Postal Service. Those two facts are the backbone of the document.
- Certified mail — not regular first-class. Certified mail generates a tracking number and a record of handling, which is what makes the mailing provable months later.
- USPS acceptance — the affidavit points to the moment the Postal Service actually took the item into its stream, not merely the moment you dropped it in a box. That acceptance scan is the anchor date you swear to.
- Proof to keep — the certified-mail receipt and tracking number are your evidence. If the notice is ever questioned, the acceptance record is what backs up the sworn statement.
This is why "I meant to mail it" or "I sent it eventually" doesn't work. A sworn certificate of mailing is tied to a real Postal Service record, and the date on the affidavit has to match it.
Jurat vs. acknowledgment: two different notary acts
A complete memorandum filing can involve two different notarizations, and mixing them up is a common error.
- The memorandum itself is acknowledged. The notary confirms your identity and that you signed willingly. You're not swearing that any facts are true — you're acknowledging that the signature is yours. That's what makes the document recordable.
- The affidavit is sworn, using a jurat. You appear before the notary, take an oath that the contents are true, and sign in the notary's presence. A jurat is fundamentally different from an acknowledgment: it puts you on the hook for the truth of what the document says.
Both can be handled without leaving your desk. Remote online notarization lets a commissioned notary administer the oath and complete the jurat over secure video in minutes — so the affidavit gets sworn properly and travels with the memorandum to the county. If you'd rather a notary come to you or to another signer, that's available too. See online & mobile notary.
Why it must be true when you swear it
A jurat is an oath, so an affidavit of memorandum is only as good as its truth. When you swear that notice went out by certified mail on a certain date to a certain address, you are making a sworn statement of fact — and a false one is a serious matter, potentially perjury. It also poisons the entire filing: a memorandum backed by a false affidavit isn't clean notice of a real deal, it's a misrepresentation on the public record.
That's the same principle behind requiring a genuine, already-signed contract before anything gets recorded in the first place. The memorandum has to reflect a real deal; the affidavit has to reflect a real mailing. Both must be true because both are, in effect, statements you're standing behind in the public record. Do it straight and the affidavit is a strength — proof you acted in the open. Fudge it and you've handed a future adversary the easiest possible argument.
Whether a memorandum and its affidavit are the right move on your specific deal is a legal question. This guide is general information, not legal advice; if you're unsure, talk to a real-estate attorney in your state.
What Jurably files for you
The affidavit is exactly the kind of step that's easy to get wrong by hand — wrong notary act, missing certified-mail proof, a mailing date that doesn't match the USPS record. Jurably ties it together so it's true by construction:
- We pull the owner's tax-roll mailing address and you confirm it.
- We certified-mail the notice to the owner and capture the USPS acceptance and tracking record.
- You swear the affidavit online before a commissioned notary via a proper jurat.
- We record the memorandum plus the sworn certificate of mailing at the county — and hand you the instrument number.
Do it the easy way
Upload your signed contract and Jurably handles the whole notice trail: certified mail to the owner, the sworn certificate of mailing, online notarization, and recording — so the affidavit is accurate, the dates line up with the Postal Service record, and everything travels to the county together.
An affidavit of memorandum isn't red tape. It's the part of the filing that says you gave real notice, in the open, and put your name to it. Done right — on a real deal, with real certified-mail proof, sworn truthfully — it's what makes the whole memorandum defensible.
Jurably is a self-help filing and notary service, not a law firm, and does not provide legal advice or represent you. This article is general information for real-estate investors.