Memorandum of contract checklist

Before you file

• You have a signed purchase contract that is still in force. A memorandum gives notice of a real contract; it isn’t a way to pressure a seller.
• Your state allows a buyer-signed memorandum. A few states require the seller or owner to sign, or bar it; see memorandum recording by state.
• You know which county the property is in. You record where the property sits, not where you live.
• You have the exact legal description, from the last recorded deed or the county property search. A street address alone is not enough.

What goes in the memorandum

• A clear title: “Memorandum of Contract” (some counties prefer “Memorandum of Agreement”).
• Buyer and seller names, spelled exactly as on the contract and the seller’s vesting deed.
• The property address and the full legal description.
• The parcel or tax ID number. Several states require it on page 1.
• The date of the contract and a statement that a written purchase contract exists between the parties.
• The closing or expiration date, so anyone reading the record knows when the notice ends.
• No need to state the price. A few states ask for the consideration on page 1 or on a companion form; check your county’s rules.
• A “return to” name and address, and a “prepared by” line, near the top of page 1.
• Your signature with your printed name underneath, and a notary acknowledgment in your state’s form. Remote online notarization is accepted in most states.

A page format that records almost anywhere

• Letter-size (8.5 × 11 in) white paper, printed on one side only.
• First page: a 3-inch blank top margin and a 2-inch bottom margin; 1-inch margins on both sides. Many recorders stamp the top-right corner, so keep it clear.
• Later pages: a 1.5-inch top margin and 1-inch margins elsewhere.
• A 12-point or larger plain font, in black ink only. No shading, color or highlighting.
• “Page X of Y” numbering inside the text area, never in the top margin.
• The notary block on the same page as your signature, with clear space for the stamp that overlaps no text.

Recording it

• Check the county’s current recording fee and accepted payment. Fees change often; see the recording fees dataset or your county’s page under recording by county.
• Submit it by e-recording (where the county allows it) or by mail with the fee and a return envelope.
• In Texas, send the property owner a copy of the filed memorandum and a notice letter by certified mail no later than the filing date, and record a sworn certificate of that mailing with it (Tex. Prop. Code §12.020). See the Texas §12.020 guide.
• Keep the recorded copy with its instrument or book-and-page number.

When the deal ends

• Record a release as soon as the deal closes or falls through. A memorandum left on the record clouds the owner’s title.
• See how to release a memorandum of contract.