Alameda County Full Release of Memorandum and Notice of Agreement Form (California)
All Alameda County specific forms and documents listed below are included in your immediate download package:
Full Release of Memorandum and Notice of Agreement Form
Fill in the blank Full Release of Memorandum and Notice of Agreement form formatted to comply with all California recording and content requirements.
Included Alameda County compliant document last validated/updated 10/25/2024
Full Release of Memorandum and Notice of Agreement Guide
Line by line guide explaining every blank on the Full Release of Memorandum and Notice of Agreement form.
Included Alameda County compliant document last validated/updated 10/25/2024
Completed Example of the Full Release of Memorandum and Notice of Agreement Document
Example of a properly completed California Full Release of Memorandum and Notice of Agreement document for reference.
Included Alameda County compliant document last validated/updated 10/25/2024
The following California and Alameda County supplemental forms are included as a courtesy with your order:
When using these Full Release of Memorandum and Notice of Agreement forms, the subject real estate must be physically located in Alameda County. The executed documents should then be recorded in one of the following offices:
Alameda County Clerk-Recorder
1106 Madison St, Oakland, California 94607
Hours: Mon-Fri 8:30 to 4:30 (avoid 12:00 to 2:00)
Phone: 510-272-6362 or 888-280-7708
Dublin Office
7600 Dublin Blvd, Suite 160 (enter through courtyard), Dublin, California 94568
Hours: Mon-Fri 8:30 to 4:30
Phone: as above
Local jurisdictions located in Alameda County include:
- Alameda
- Albany
- Berkeley
- Castro Valley
- Dublin
- Emeryville
- Fremont
- Hayward
- Livermore
- Newark
- Oakland
- Piedmont
- Pleasanton
- San Leandro
- San Lorenzo
- Sunol
- Union City
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Alameda County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Alameda County using our eRecording service.
Are these forms guaranteed to be recordable in Alameda County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Alameda County including margin requirements, content requirements, font and font size requirements.
Can the Full Release of Memorandum and Notice of Agreement forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Alameda County that you need to transfer you would only need to order our forms once for all of your properties in Alameda County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by California or Alameda County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Alameda County Full Release of Memorandum and Notice of Agreement forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
In California, a "Release of Memorandum and Notice of Agreement' is a legal document used to terminate or release a previously recorded "Memorandum of Contract" (or Memorandum of Agreement) related to real property. This release document essentially removes the contractual notice recorded in county records, releasing any claims, rights, or interests initially claimed in the Memorandum of Agreement. Here's a breakdown of the key aspects, statutes, and guidelines involved:
Key Points
1. Purpose of Memorandum of Contract:
A Memorandum of Contract is often recorded in real estate transactions to publicly record that a contract exists for the property. It typically doesn't disclose the full details of the contract but serves as notice to third parties.
Recording this memorandum protects the buyer's or tenant's interest against third parties by establishing a public record of the contract.
2. Purpose of Release of Memorandum of Contract:
When the obligations or interests under the original contract have been fulfilled, or the contract is canceled or terminated, a "Release of Memorandum of Contract" is filed.
This release formally withdraws the recorded notice, which may be necessary to clear title issues for future property sales or transfers.
Statutory Guidelines and Procedures
California Civil Code and Code of Civil Procedure
Recording Statutes: California's recording laws generally fall under the California Civil Code (Sections 1213 to 1227) and Government Code (Sections 27201 et seq.). These statutes require that real property documents, including memoranda and releases, be recorded with the county recorder’s office where the property is located.
Acknowledgment and Notarization: As with many documents affecting real property, a Release of Memorandum of Contract typically requires acknowledgment before a notary public (Civil Code Section 1185). The notarized document is then suitable for recording.
Key Steps and Considerations
Drafting and Execution: The parties who originally signed the Memorandum of Contract are often the ones who execute the release. The release should specifically reference the original Memorandum of Contract by date and recording information.
Recordation Requirements: The Release of Memorandum of Contract should meet all local county recorder’s formatting requirements, which can vary but often include standard margins, font sizes, and page numbering.
Effect of Recording: Once recorded, the release removes the notice of the original contract from the county records, effectively clearing any encumbrances related to that contract from the title.
California Code of Civil Procedure
Enforcement and Quiet Title Actions: Under California Code of Civil Procedure Section 760.010 et seq., if there is a dispute regarding an improperly recorded or unreleased Memorandum of Contract, parties can seek court relief through a quiet title action or specific performance.
Our Promise
The documents you receive here will meet, or exceed, the Alameda County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Alameda County Full Release of Memorandum and Notice of Agreement form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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June 17th, 2020
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September 14th, 2021
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January 2nd, 2019
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July 13th, 2019
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April 21st, 2020
The Quitclaim deed form was fine. Unfortunately, all I wanted to accomplish was to transfer property held in my name into my trust, but I could not any wording on the information you provided on how to accomplish this. It was not a sale, just a transfer from me to me as trustee.
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October 23rd, 2019
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December 29th, 2021
mostly good; however, you need to update the annual exclusion gift amount from $14,000 to $15,000 (where it has ben for several years), and you need to make your Gift Deed final paragraph be gender neutral like "they" or "he or she" rather than just"he". We women lawyers and our women clients appreciate that.
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February 21st, 2020
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April 29th, 2019
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August 9th, 2023
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Thank you for your kind words and thoughtful review! It's an honor to know that our resources have been valuable to the Kent County Recorder of Deeds. Your feedback is particularly meaningful to us, and we are glad that our white paper contributed to your research on Property Theft. We fully support your vital efforts to combat property theft and deed fraud, and if there's anything else we can assist you with or any further insights you'd like to share, please don't hesitate to reach out. Keep up the outstanding work!